GENERAL CONDITIONS OF SALE
SCOPE OF APPLICATION. These General Conditions are applicable to any sale or service described in our brochures, price lists, advertisements, estimates, Internet or verbally. Any modification will be made in writing by TECHNO SUN S.L.U.. Any other terms or conditions are excluded. Your order implies your acceptance of these General Conditions. TECHNO SUN S.L.U. reserves the right to modify its General Conditions at any time.
ORDER/CONTRACT. Orders will be accepted in writing, by e-mail, telephone or fax and will only be binding once accepted by TECHNO SUN S.L.U. by confirmation of the order by any of the means of communication described above. You must verify the order confirmation and notify us immediately, in writing, of any error. Otherwise, the description of the product in the order confirmation will become part of this contract and will be binding on the parties.
PRICE AND PAYMENT TERMS. Quotations, or economic offers, shall only be valid in writing, and for the period of time indicated therein. If no period is indicated, this will be 30 days (10 days for third party products). TECHNO SUN S.L.U. reserves the right to supply products different from those requested (including third party products) at any time guaranteeing that the functions, characteristics and operation of the products delivered will be equivalent to those requested.
The price of the product and the terms and conditions of payment will be set out in the order confirmation. The price excludes taxes, shipping costs, insurance and installation and structures. Currency exchange rates, tariffs, insurance and production costs (including those of components and services) may cause TECHNO SUN S.L.U. to adjust its prices. Payment will be made at the time of placing the order or under the conditions set out in the order confirmation. TECHNO SUN S.L.U. may suspend the delivery of the goods or provision of the service until full payment has been made. In case of late payment (default), recovery costs will be charged, and a default interest of 1% will be applied on the amount owed for each month that the amount remains unpaid, from the due date of payment until full payment. TECHNO SUN S.L.U. reserves the right to require prior approval of credit card debits or payment and/or bank certification of checks.
DELIVERY/TITLE/RISK. Delivery shall be made within the period indicated in the order confirmation. Deliveries may be made in parts. The place of delivery is indicated in the order confirmation. TECHNO SUN S.L.U. reserves its right to recover ownership of the product in case of total or partial non-payment of the price. Until full payment of the price, you may not sell or encumber the product. If you refuse delivery without our prior approval, any resulting costs or damages shall be borne by you, including storage, until acceptance.
ACCEPTANCE. You must examine the product immediately upon delivery within 48 hours for inspection or rejection. Upon expiration of this period, you will be deemed to have accepted the product. If you are entitled to return a product and you do so, you shall return it in its original condition, with its packaging, return note and proof of purchase. The return costs will be at your expense, unless there is a justification for the return in terms of the product warranty included in the package.
If the purchase was made remotely, by Internet, mail, telephone or catalog sales, you will have the right to return the product without giving any reason within 5 days after delivery. The charges and costs of such return shall be borne by the customer.
WARRANTIES. Warranties are included in the Warranty Policy provided with the product(s), and shall be governed as set forth herein, except as follows. We warrant the product (excluding third party products) to be free from defects for 12 months after delivery, being 90 days from installation for replacement parts. If the product is defective during this period, TECHNO SUN S.L.U. will repair or replace it within a reasonable period of time.
You will allow TECHNO SUN S.L.U. to examine, at our option, the product at your location or TECHNO SUN S.L.U. premises. TECHNO SUN S.L.U. is the owner of the replaced parts and spare parts. TECHNO SUN S.L.U. will pay the attention
necessary to solve the problems in an appropriate period of time according to the circumstances.
TECHNO SUN S.L.U. does not guarantee or accept responsibility for: Damage caused by improper installation, use, modification or repair by a third party not duly authorized or by yourself; Damage caused by any person or other external force;
Suitability of the product for a particular purpose, purpose or use; Any instructions given by you and correctly carried out by TECHNO SUN S.L.U..
The liability of TECHNO SUN S.L.U. for any breach of this warranty, its service commitments, or for any other concept, will in no case exceed the price of the product established in the order confirmation.
SERVICES. The services, when agreed with the customer, will be provided by TECHNO SUN S.L.U.. The response times are estimated and may vary depending on the site / location or accessibility to the product. Service may be provided via telephone or Internet where appropriate.
If agreed and indicated in the order confirmation, the service offer may include advice, labeling, installation, integration, removal, training and/or consultation.
Unless expressly provided for in the order confirmation, the service does not include: items excluded from warranty, configuration changes, relocation, preventive maintenance, work that TECHNO SUN S.L.U. believes is not necessary, electrical environment. Repairs to third party products will be made in accordance with the manufacturer’s or licensor’s warranty. Spare parts not critical to the function of the product may not be replaced within the term of the service offer.
EXPORT CONTROL. The product may include technology and Software subject to export control laws of the U.S. and the country in which the product is delivered or used, which must be complied with by you. The product may not be sold, leased or transferred to end users or countries that are restricted by such laws or users involved in weapons of mass destruction or genocide.
mass destruction or genocide. U.S. restrictions vary frequently, depending on the product, so you should refer to the applicable U.S. regulations on a case-by-case basis.
FORCE MAJEURE. We do not accept liability for delays (including delivery or service) caused by circumstances beyond our reasonable control and shall be entitled to an extension of time for performance; examples of such circumstances include, but are not limited to, strikes, transportation, supply or production problems, exchange rate fluctuations, government action and natural disasters. If the cause lasts longer than 2 months, this agreement may be terminated by either party, without right to compensation.
CONFIDENTIALITY. The parties shall treat all information received from each other, which is marked “confidential” or which may reasonably be regarded as confidential, in the same manner as they would treat their own confidential information.
RESOLUTION. TECHNO SUN S.L.U. may terminate this contract upon prior written notice if: 1) the price is not paid on time, to which effect the parties expressly agree that failure to pay all or part of the price will terminate the contract by operation of law; 2) you violate or TECHNO SUN S.L.U. suspects that you have violated export control laws. Either party may terminate this contract if the
1) materially and persistently breaches this agreement and fails to remedy such breach within 30 days after being required to do so in writing; or 2) is declared in receivership, bankruptcy, or is unable to pay its debts when due. TECHNO SUN S.L.U. may choose to demand the execution of its obligation to pay the price and in any case demand damages.
OBLIGATIONS OF THE CUSTOMER. You are responsible for:
Your own choice of the product and its suitability for a purpose or purpose.
Your telephone and mailing expenses, if any, to contact TECHNO SUN S.L.U.
You will address our staff with sufficient courtesy, and provide sufficient information, cooperation, and access to allow TECHNO SUN S.L.U. to fulfill its commitments, otherwise we will be exempt from our obligations DATA PROTECTION. Your data will be treated in accordance with the applicable data protection laws, to which you give your express consent. You can ask us not to use your data for direct marketing purposes. You may exercise your rights of access, rectification and cancellation by sending a written communication to TECHNO SUN S.L.U. address.
CONSUMER RIGHTS: If you are a Consumer, nothing in this contract shall in any way affect the provisions of public policy on consumer rights.
JURISDICTION. The present conditions shall be governed by Spanish law. For the resolution of any doubts, discrepancies or divergences that may arise in the performance and interpretation of this Contract, the parties submit to the Courts and Tribunals of the city of Valencia, waiving any others that may be applicable.
MISCELLANEOUS. If any provision of this contract is declared invalid or unenforceable by a Court, the remainder of this contract shall not be affected. TECHNO SUN S.L.U. may subcontract its obligations to third parties. Neither party may assign or transfer any obligations or rights. Notifications must be made in writing (by hand, e-mail, fax or registered mail) and sent to the legal representative of the other party.
legal representative of the other party.
INFORMATION. You will find information about TECHNO SUN S.L.U. and its procedures on the web page www.technosun.com. You can go to that page to know any update.
LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
The relationship between the user and TECHNO SUN, S.L. shall be governed by current Spanish legislation and the courts of the town of Valencia shall be competent to decide on any dispute that may arise between the user and TECHNO SUN, S.L.
For more information: [email protected]