THE FORMAL ACCEPTANCE OF AN ORDER IMPLIES THE COMPLIANCE WITH THE FOLLOWING SALES TERMS AND CONDITIONS
LUZ NEGRA, S.L.
Polígono Industrial Can Castells
Cl Carles Buhigues, 13
08420-Canovelles
BARCELONA, ESPAÑA
GENERAL CONDITIONS
All sales procedures will be carried out under the following conditions.
Any suggested variations not conforming to these conditions shall be approved only after an official and written acceptance on behalf of LUZ NEGRA S.L.
QUOTATIONS
Quotations will be valid for a maximum of 15 days from the date of issue.
GUARANTEE AND QUALITY
All our products are guaranteed for 1, 2, 3, 4 and 5 years (please refer to the data sheet of each product, available in our website www.luznegra.net) against any manufacturing defect.
The guarantee does not cover damages caused by the normal wear and tear of the product or arising from an improper use or maintenance, incorrect installation, or any usage errors for which the customer is accountable. Also, the guarantee does not apply to products which have been handled by personnel not authorized by LUZ NEGRA S.L.
Small deviations amongst single units of the same product or any change carried out in the specific attributes of a product are claims which will not be accepted as grounds for complaint.
Any claim regarding quantity, quality or defective products must be forwarded to LUZ NEGRA within a period of time of up to a maximum of 48 hours after the date of receipt of the goods from the placed order. On the expiry of such term, all claims will not be accepted.
Prior to executing a product’s guarantee, the customer must return the defective material to LUZ NEGRA facilities to undergo a lab analysis specifically designed to determine the reason behind the product’s poor performance. Additionally, the submission of the invoice as well as the proof of payment are a precondition for initiating any procedure implying guarantee applications.
With the aim of improving the quality of the products provided by LUZ NEGRA, S.L., the company reserves the right to modify or cancel them without prior notice to the customer and therefore no complaints arising from a decision based on this right will be accepted.
DELIVERY TIME
The time scheduled for the delivery of a placed order remains approximate, thus not implying any liability to LUZ NEGRA. All customer claims regarding alleged damages incurred as a result of the delay in the delivery of the goods, will not be accepted, nor will any claim for compensation for contractual infringements be accepted by LUZ NEGRA.
In the event of failing to meet the deadline scheduled, this does not imply an immediate effect on the initial commitment to the commercial agreement, settled by the customer. Moreover, the customer shall remain unauthorized to terminate the contract without notice, and will accord the possibility of a balanced solution, within a reasonable time frame to allow for importing material (60-90 days).
LUZ NEGRA is not subject to give notice of a delay, when the reason underlying the updating of our delivery agenda refers to circumstances of force majeure, official measures, natural catastrophes, strikes and other disputes and difficulties in obtaining supplies and other unavoidable or unpredictable major events.
PRICES/SHIPMENT COSTS
EXPORT SALES
Unless expressly indicated, all the prices are stated in Euros.
The costs of transport and delivery will be specified separately in the offer (if requested by the client).
The client shall be fully and solely responsible for clearing the products for import and for payment of any applicable local taxes or import duties. The client shall obtain at his own risk and expense any import license or other official authorization and carry out all customs formalities for the importation of the products and, where necessary, for their transit through another country.
Unless stated, otherwise in offer, product prices are:
• Exclusive of VAT.
• Exclusive of import and export duties and any other levies by authorities.
• Exclusive of transport, unloading, insurance, installation and assembly.
• Exclusive of environmental levies or environmental surcharges that are or have been imposed by the authorities.
NATIONAL SALES
Please request a transport quote and carriage conditions to your commercial agent, or write to: info@luznegra.net
ORDERS
The formal acceptance of all orders is an indispensable precondition before commencement of all production procedures, and shall be carried out accordingly by submitting the customer’s conformity via written statement. All customized orders must be revised duly by the customer, as this type of material cannot be returned by the customer in the event of calculation errors. Should an order enclosing customized items be prepared without a due and written statement of conformity, no complaints about discrepancies between the goods delivered and those requested will be accepted. The production procedures of a placed order will always be started off after and subsequent receipt of proof of payment (in case of bank transfer).
ORDER CANCELLATIONS AND RETURNS
The time limits for returning an order are laid down as 15 days from receiving the order after which no returns will be accepted.
All procedures concerning a return order must be previously authorized by LUZ NEGRA and shall also require the goods to be accompanied by the corresponding return merchandise authorization (RMA).
LUZ NEGRA will not accept a return order in the event of non-compliance of any of the above-mentioned requirements.
In the event of any return delivery, both of the following elements involved in the process, namely the shipment costs resulting from a return order along with all the contractual liabilities concerning the collection of the goods, are always dependable and therefore defined on the basis of those particular circumstances uniquely referring to the concerned delivery. Moreover, the natural dependency of the process itself on the particular circumstances under which each return delivery takes place, becomes, eventually, a hindrance to any settling of LUZ NEGRA’S return delivery conditions.
For this reason, each return order will be treated individually.
No customized products or “special request” goods, petitioned by the customer and not normally in our stock, will be reimbursed and LUZ NEGRA will not be liable.
RIGHT OF OWNERSHIP
The supplied goods will remain full property of LUZ NEGRA until payment has been made.
The right of ownership still remains valid until the client has paid his debt, even if he has made a sale to a third party.
SHIPMENT
On receiving the order, the customer must revise the products and must document on the transport agency’s delivery note any anomaly that is observed or any other issue that may have taken place during transport.
The customer must notify us in writing of any incident immediately after receiving the goods. After 24 hours from delivery, no claims regarding poor conditions of the goods will be accepted.
If no special instructions regarding transport have been additionally indicated by the customer, the shipment will be carried out under INCOTERMS: Ex-Works.
PAYMENT
The payment terms shall be the ones agreed by both parties and duly set forth in all purchase orders.
LUZ NEGRA S.L. reserves the right to charge and claim all default bank interests in the case of overdue payments or compensation for any inconveniences incurred as a result of any non-payment on the due date.
Overdue payments bring about an immediate termination of all prior agreements, which include all duties and all liabilities on our part with respect to the customer.
The customer will always commit to his contractual liabilities, where no claims which were previously submitted but not accepted, shall exempt the customer from completely settling the purchase price of the total amount of any order.
In the event of any outstanding or overdue payment, all credit agreements will be cancelled, while at the same time, all ongoing proceedings to supply any goods will also be interrupted and shall remain as such until a full payment is received, thus enabling the situation to become regularized. Also, in the case of a repeated infringement, the previously agreed payment method will be irrevocably cancelled and duly communicated to CREDITO y CAUCION.
JURISDICTION
In case of dispute, conditions shall be submitted to the Courts of the city of Granollers municipality located in the province of Barcelona (Spain), with express waiver by the parties of their jurisdiction.
COURT COSTS AND JUDICIAL EXPENSES
All the attorney’s fees, court costs and other expenses of litigation resulting from the judicial proceedings, shall be assumed by the party who is held accountable for non-compliance of the contractual terms and conditions.
SUPPLETORY RIGHT
All agreements shall be construed and governed by the aforementioned terms and conditions or, failing these, they shall follow the laws covered the Spanish Commercial Code and laid down for the Spanish market.
