Sales Conditions
1. OBJECT: The purpose of the General Conditions is the provision of services or the sale of products by Bosado, S.L., to the Client and the consideration owed by the Client to Bosado, L.
The services/products that Bosado, S.L., provides/sells will always be subject to these General Conditions determined below. Unless previously accepted in writing by Bosado, S.L., the particular conditions of service provision/product purchase are not applicable except to the extent that they do not oppose those. The eventual waiver by Bosado, S.L. of one or several clauses that appear in these General Conditions will not influence the validity of the others.
It is considered that these general conditions have been communicated to the client from the moment the seller’s offer is communicated to the client accompanied by these conditions. Alternatively, they will be considered as communicated if the client received them previously in the course of its commercial relationship with the Seller; being considered in all these cases accepted by the client, to all effects, when placing their order.
2. CONSIDERATION: The parties agree as consideration for the services/products of Bosado, S.L., the amount detailed in the particular conditions, hereinafter “the Price”. The client is obliged to pay the Price in the terms, dates and by the means agreed, upon presentation of the corresponding invoice or order acknowledgment.
The price does not include indirect taxes that according to current legislation are applicable at the time of its issuance.
Bosado, S.L., is not responsible in any case for transport, even in “carriage paid” sales. The goods are dispatched and travel always at the Client’s expense and risk, even if they are sent “carriage paid”, from the place in which they are received for transport, whatever the means adopted or used.
No dispatch of any kind or species may be invoked by the Client, taking as a pretext vices, defects or irregularities of the product or merchandise in order not to make or delay the payment of the invoice, which must be made at the supplier’s address, as stipulated in the invoice or order acknowledgment.
In case of delay in payment, in addition to the loss of any existing discount in the particular conditions, the Client will be charged the interest and bank charges that originate from such delay.
The lack of payment of an invoice at its due date or the non-withdrawal of the product or merchandise within the agreed period, will give rise to the termination, by full right, of the transaction, with compensation for damages if any, unless the executive action of the case is preferred. If the transaction consists of several supplies, Bosado, S.L., reserves, in addition, the right to suspend the deliveries pending to be made.
3. SUPPLY: The supply periods indicated in the Order Acknowledgments have only indicative value.
Unless there is a written agreement in the particular conditions, in cases of force majeure and, in general, for any impediment of our will, we will be entitled to temporarily or definitively suspend the execution of our commitments.
Regarding the quantity to be supplied, Bosado, S.L., reserves the right to send a quantity greater or less than 10% of the quantity ordered, unless otherwise agreed in writing in the particular conditions.
Bosado, S.L., does not guarantee the suitability of the products object of the sale to fulfill the use to which the Client intends them unless stipulated in writing in the particular conditions.
If the merchandise or the product presents apparent defects not attributable to transport, they must be indicated by the Client to Bosado, S.L., by certified letter, under penalty of prescription within 30 calendar days following the date of receipt indicated, according to the cases, in the delivery or dispatch note or in the delivery receipt given to the carrier at destination after unloading. If the merchandise or the product is subject to any modification by the Client, no claim will be admitted.
In case of reservation formulated in time, if the merchandise or the product is recognized as defective by Bosado, S.L., the merchandise or the product will be replaced by a new one, being exempt from any claim of the Client for any other damage or prejudice.
Bosado, S.L., does not accept any special reception that takes place at the headquarters of its factory; the taking of the supply later by the Client exempts Bosado, S.L., from all responsibility.
The inspection costs will be borne by the Client.
4. RETENTION OF TITLE: The ownership of the goods or products object of the contract of service provision or sale of products is transmitted at the moment that the Client makes effective the total of the terms to pay for the Price, Bosado, S.L., reserving the domain on such goods or products until the moment of verifying the effective
5. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION: These General Conditions have a commercial nature and will be governed by their own clauses, and in what is provided in them, by what is foreseen in the Code of Commerce, and other laws and commercial uses.
Any litigation relating to the execution or interpretation of these General Conditions will be the competence of the Courts and Tribunals of the Villa de Sevilla, even when there is any clause to the contrary in the particular conditions signed with the Client, who, expressly, waives his own jurisdiction if he had it.
6. ACCEPTANCE AND CONFORMITY: The Client expressly accepts the clauses contained in these General Conditions that will be applicable to the set of operations that are developed between the parties.