This Agreement regulates the commercial relationship between the PROFESSIONAL CLIENT and S3 engine parts 2002.sl, (hereinafter S3) regarding the procurement of products and services that the PROFESSIONAL CLIENT contracts with S3.
(i) All supplies and all services of S3 including the sale of software are subject to the conditions expressed below. Any provision in any order of the PROFESSIONAL CLIENT that differs from these conditions is rejected explicitly. Such provisions shall not be binding for S3 unless they have been agreed upon and signed by written by both parties.
(ii) The sale is formalized when S3 accepts the order by sending the corresponding Order Confirmation, or Air Waybill, or Invoice either through of fax or e-mail, according to the preference of the PROFESSIONAL CLIENT. The sending of an order by the PROFESSIONAL CLIENT does not constitute a contract, although S3 has previously submitted an offer. Any supplementary agreement and any subsequent amendment requested by the PROFESSIONAL CLIENT must be confirmed and will not take effect until there is no express and written acceptance of S3.
(iii) S3 reserves the right to modify the manufacture of its products and change your technical data and performance parameters if those Modifications and changes correspond to technical progress. S3 announces any change, and any discontinuation of product, with enough anticipation, in its catalog on the S3 website (www.S3parts.com).
(i) All offers made by S3 are about the total amount of products on and for which they are made, with the obligation of the PROFESSIONAL CLIENT of place your order on the totality of the quantity offered, unless S3 stipulate otherwise in it. In case the PROFESSIONAL CLIENT makes a order on an amount lower than the one offered, S3 reserves the right to review the offer.
(i) S3 makes updated information available to all its customers about products through the S3 website ( www.s3parts.com ). S3 can modify the established prices at any time and without prior individual communication, always subject to what you can Indicate in a particular contract with the PROFESSIONAL CLIENT.
(ii) In case of orders for a total net value of the material below 25 EUR (before taxes), S3 will apply a supplement for management costs to increase its value up to that amount.
(iii) The values indicated in the price list of S3 do not include the costs of postage, insurance, installation or taxes.
(iv) S3 guarantees the price stated in an Offer up to the deadline indicated in it.
(i) The payment of the invoiced price must be made no later than 30 days after the date of issue of the invoice, unless other conditions are specified in the invoice itself. If the delivery of the products could not be carried out or delayed due to the CLIENT, the payment must be made within 30 days of the expected delivery date as if there had been no such impediment or delay.
(ii) S3 reserves the right to charge interest and collection costs on any pending invoice not paid at the agreed maturity, in application of articles 5 to 8 of Law 3/2004 of December 29, by the that anti-delinquency measures are established in the operations commercial.
(iii) If the PROFESSIONAL CLIENT does not pay on the due date agreed with S3, the latter You may suspend your pending deliveries.
(iv) In the event of early termination of the contract for any reason, the PROFESSIONAL CLIENT will be obligated to pay immediately all the work done and products supplied, as well as to pay for the damages and losses that are produce S3.
(v) S3 reserves the right to charge handling costs to the PROFESSIONAL CLIENT, packing and transportation if the products are returned without there being breach by S3.
(ii) The supply of products can be made in several deliveries, except that the PROFESSIONAL CLIENT has been specifically requested a single delivery and has been accepted by S3.
(iii) S3 undertakes to comply with all agreed delivery terms with the CLIENT, however these may be modified by S3 for production reasons, in which case it must be reported to the CLIENT. The PROFESSIONAL CLIENT knows and accepts this situation, which does not will generate no right to demand any penalty or resolution of the contract.
(i) Transportation costs are not included in the product prices and are at the customer's expense.
(ii) Once the materials supplied leave their warehouses, S3 will not be responsible for these or the duration of their transport. S3 does not accept liability for losses due to packaging, damages not obvious, errors in delivery, discrepancies or total or partial loss of deliveries, unless it is communicated in writing in a reliable manner to S3 within ten days of the delivery of the supply, and previous inspection by S3.
(iii) In the event that, at the time of delivery, they are detected on the packaging or In the product itself obvious damages, THE PROFESSIONAL CLIENT must make it appear in the delivery document that signs the carrier, otherwise it will not they will admit claims for this concept.
(iv) In the event that the delivery or delivery is delayed by the will of the PROFESSIONAL CLIENT by term greater than one month, counting from the date on which the material was available, the PROFESSIONAL CLIENT may be billed for the storage costs up to the effective delivery.
(i) The products have an S3 guarantee of 12 months from receipt of them, for which the delivery note will be taken into account these. (except competition products that have no guarantee).
(ii) In the event that the PROFESSIONAL CLIENT detects defective products, it must Notify S3 within a maximum period of thirty days from the date receipt, in writing and in a reliable manner, specifying at least the serial number of the product and a brief description of the defect.
(iii) Once confirmed by S3 the existence of products defective (whether materials, software programs or services), these will be repaired or replaced, at the option of S3, without charge, always within the warranty period indicated. Excluded from this guarantee are parts subject to wear.
(iv) The repaired products have the same guarantee period, but Limiting the responsibility to the parts / functions repaired.
(v) Once a product has been reviewed, if it is determined that it works correctly or that the cause of malfunction is alien to one's own product, we will proceed to return it to the PROFESSIONAL CLIENT, freight collect, together with a charge of minimum amount € 20 and a maximum of 2 hours of labor in concept of manipulation and verification.
(vi) Technical information and documentation of current S3 products can be downloaded by the PROFESSIONAL CLIENT from the S3 website (Catalogue).
(vii) This warranty shall not apply if the PROFESSIONAL CLIENT or a third party has made modifications, repairs or manipulations in the products supplied.
(i) S3 can accept returns of products of the PROFESSIONAL CLIENT provided that meet the following criteria:
a) Only the return of standard products is accepted. Standard product is understood as the one whose article number appears in the catalog and is sufficient to define the product without adding more specifications, for example the configurables are discarded, custom-made elements and spare parts (joints, rods ...).
b) Due to management costs, only returns will be accepted when the net amount of all the material to be returned is greater than € 100
c) Returns are only accepted within thirty days after the receipt of the product, understood as the date of the Note of Delivery issued by S3.
d) When requesting the return, the Order No. S3 and / or No. must be indicated Delivery Note and / or Bill No. in which the product was purchased.
(ii) If the acceptance criteria are met and the product is in its container original sealed will be paid 100% of its amount. In any other situation, will be paid up to a maximum of 85% depending on your state.
(iii) As long as the acceptance criteria are met, S3 will send the CUSTOMER a document that will include the products and amounts to be returned and The general conditions of return. The PROFESSIONAL CLIENT must sign this document as acceptance of the return conditions and attach it to the return of material.
(iv) The postage caused by the return of the products to S3 are, in all cases, by the CUSTOMER.
(v) In those cases in which, received the returned product, it is verified If the acceptance criteria are not met, S3 will proceed to return the product to the PROFESSIONAL CLIENT with the postage paid by the CLIENT.
(i) S3 is released from any liability for loss or damage produced as a result of factors or causes that are not attributable to S3.
(ii) S3 will be responsible for product defects provided that the CLIENT would have warned S3 of the defects within the warranty periods specified above. The responsibility is limited to carrying out the Repairs necessary in our facilities and / or deliver goods alternatives.
(iii) S3 is not responsible for loss of profits or other damages resulting, whatever the cause of them.
(iv) When the products are manufactured by S3 according to design and / or CUSTOMER's specifications, S3 will not guarantee that such products are suitable for the use projected by the CLIENT.
(i) All products are under the risk and responsibility of the CLIENT from the moment of delivery to the carrier.
(ii) All products will remain the property of S3, which reserves its domain, until all accounts owed by the bank are canceled. PROFESSIONAL CLIENTS S3, and the amounts corresponding to the order are paid.
(iii) In the event that the payment has expired and has not been paid by the PROFESSIONAL CLIENT S3, that had proceeded to the sale of the product or part thereof to a third party, it will be understood that said sale has been made acting as fiduciary agent of S3. The PROFESSIONAL CLIENT will perform the procedures of such sale on behalf of S3 and you must post such shares in an account apart, by paying immediately the amount obtained from this sale to S3.
(i) It is the responsibility of the CLIENT, who must ensure that the products are installed correctly and safely, according to the instructions previously they would have been facilitated by S3 and following the guidelines of the good commercial practice, without risk to health or safety of people. S3 is not responsible for the failure of the PROFESSIONAL CUSTOMER of this clause.
(I) S3 reserves all copyrights, patents, trademarks, and right to legal protection of designs registered in his drawings, circuits, software, documents and equipment.
(Ii) The drawings, specifications, documents, etc., added to offers and PROFESIONALson delivered to the customer for their personal use. They can not be copied whole or in part or can be made available third parties without the express written consent of S3
(Iii) Any software provided by S3 is not part of the sale, but professional customer receives a license. If the software has been supplied included with other products, then it can only be used conjunction with such products.
(Iv) If the professional client be required or sued by a third party infringement of industrial and / or intellectual, whatever the cause, by any of the products supplied by S3, professional customers notified This fact immediately to S3 so that it can exercise its right to defense refraining professional customers to agree any transaction without your consent.
(I) The CLIENT PROFESIONALautoriza to S3 to automatically process data personal included in this contract and in subsequent documents result thereof, for the purpose they are arising directly from the relationship established between them, among other things, advertising and receiving information on services and products of the company by any means of communication- and all with the limits resulting from the legislation at all times.
(Ii) For the development of trade relations is necessary given the computer configuration group, S3 yield data that have been supplied to its parent company S3, professional client gives agreement to perform the aforementioned transfer of data with same purposes.
(Iii) According to Law 15/1999, Protection of Personal Data, states that if you want to exercise their rights of access, rectification and cancellation granted by the Act, must be addressed in writing to the address social S3, C / Amnesty International. 34, 17190 Girona Salt. For information purposes, is designated as the file S3 engine parts 2002.sl, residing at the address above.
(Iv) S3 professional customer guarantees that will maintain absolute confidentiality any information, document or product Customer property PROFESIONALque you be delivered within the development of the business relationship.
(I) S3 not responsible for the breach of any term of this contract if this is caused by any circumstance beyond S3.
i) This Agreement, both for application as its interpretation will be governed by Spanish law. The language is Spanish.
ii) The parties undertake to resolve amicably any differences that on this contract may arise. In the case of not being possible friendly solution, and result from litigation, both sides agree, expressly waiving any other jurisdiction that may you apply, submit to the jurisdiction of the Courts of the city of Girona, Spain.
S3 2002.sl engine parts, corporation organized under Spanish law, provided with CIF: B17711409 registered in the commercial register of Girona volume 1836 folio 26 Secció sheet 8 GI-30698. with tax residence in. Pol Ind Montfullà C / Caterina Albert, 42 · 17162 · Girona · BESCANÓ · SPAIN. You can contact us through the following email address firstname.lastname@example.org.