THE FORMAL ACCEPTANCE OF AN ORDER IMPLIES THE
COMPLIANCE WITH THE FOLLOWING SALES TERMS AND
CONDITIONS
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 (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
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.
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.
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.
Sales terms and conditions
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www.luznegra.net
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