General part
These general selling conditions are applicable independent of the particular purchasing conditions of customer. Any customer’s modification to an already confirmed order is only valid if approved in writing by CICROSA HIDRAULICA S.L. (hereafter CICROSA). All data included in catalogues and price lists are only for information purposes, and are subject to changes due to technical or economic reasons without notice. CICROSA reserves the right to transfer to a third party the rights and obligations arising from this contract. Orders accepted by our sales department are said to accept these General Selling Conditions.
Orders and offers
All our Tariff Prices apply for standard products. In case of orders for special products, CICROSA will send a particular offer.
Order and offer modifications
Prices and delivery times specified on the offers may vary if, during the implementation, the customer modifies in writing the products(s) characteristics or quantities to be supplied. Order cancellations will not be accepted when affect to special /specific material for a sole customer, unless the customer pays for the works already done or the material already acquired.
Payment
Our Tariff Prices do not include current taxes. Payment conditions will be as agreed with our accountancy department. It is expressly agreed that the failure to pay at maturity agreed on the invoice, will derive in the accrual of the interest rate agreed or otherwise the one legally established, without prior warning by CICROSA.
Shipments
Delivery time is valid for information purposes only, and its compliance cannot be considered as an obligation for CICROSA. The compliance of delivery time can be affected by the demand, the supply of raw materials or other alterations by sheer force. Penalties cannot be claimed due to delivery time breach, unless there is a specific written document between both parties. A delay on the delivery time cannot be considered neither a reason to cancel the order nor a base for the demand of penalties or extra charges.
Just for Spanish territory: delivery terms will be agreed with our sales department, and transport costs will be invoiced when failing agreement, as well as any type of express delivery.
Acceptance and returns
When products delivered by CICROSA are damaged during transport, the customer must complain to the correspondent transport agency, even if it is CICROSA that pays for the transport. In order to consider the return of faulty goods, the complaint must be presented no longer than 60 days from the date of goods reception. For international shipments subject to import customs procedures, the date of goods reception will be considered the date of the ship/aircraft/truck arrival to destination. If this does not happen, it is understood that the customer have accepted the goods. If the product is not in accordance with purchasing specifications, it can be returned to CICROSA when fulfilling the following conditions:
– The customer must specify the actual reasons for the return.
– Product must be taken back with its original package and in good
conditions.
Any return must be previously accepted by our sales department. Returns will only be accepted for standard new products , not assembled , repaired or modified by a third party, and provided that no more than sixty days have passed from the date of delivery to the customer. The packaging costs and return transport cost will be borne in any case by the customer. The amount of a credit for a return shall be deducted from a later invoice.
Guarantee
Products are guaranteed by CICROSA in case of any material defect of malfunction as a result of a wrong design and/or fabrication for a period of 12 months from delivery date.Guarantee covers the reparation of the faulty parts as a result of the wrong design and/or fabrication, except the aesthetic defects already accepted by the customer when receiving the goods. In order to execute the guarantee the customer must shortly notify CICROSA the product defects. The faulty parts must be shipped to CICROSA in “carriage paid” conditions with a copy of the invoice and the delivery note. Guarantee is limited to the reparation or substitution of the parts that are classified as faulty by CICROSA’s technical department. CICROSA will not assume neither the cost of manpower resultant from mounting and dismounting from machines, nor the expenses derived from profit loss. Guarantee does not cover the substitution of worn away parts by the product functioning or by damages or accidents caused by a wrong use, a wrong maintenance, a wrong control or negligence in the use of our products. CICROSA’s guarantee will not be applicable if products are modified after delivery without the specific authorization in writing by CICROSA, or if the customer replaces original CICROSA parts for other parts neither manufactured nor supplied by CICROSA. In the event of unforeseen damage caused by a product supplied by CICROSA, it is expressly agreed that CICROSA will only cover a maximum amount equal to the amount of purchase and delivery charges of the supplied product. In any case, CICROSA could be held liable for any indirect, contingent damage or damage caused by an incorrect use or maintenance of the supplied product or any other cause imputable to customer.
Documentation
Rights for all documents, electronic files or e-mails sent to the customer (drawings, technical data, etc…) are Cicrosa’s exclusive property. Every reproduction, copy, partial or total use of these documents, files or e-mails is forbidden unless Cicrosa’s specific authorization in writing.
Jurisdiction
The contract is subject to Spanish laws. Any Judicial-Administrative dispute will depend only and exclusively on Palencia judges and law.
General Terms of Use
The manufacturer of any equipment fitted with our products is obliged to inform his costumer of established safety procedures, assuming all responsibility in case of breach of this obligation.