The content of this website is the property of MALLAS GALBIS, S.L. In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the general information details of our website www.mallasgalbis.es are given below.
Holder: MALLAS GALBIS, S.L.
Tax identification code (C.I.F): B-14390421
Registered in the Commercial Registry of Córdoba. Volume 898 Page 201
Presentation: 1/56/763 - Page 150 - Prot: 3527/00/N/25/08/2000
Address: CTRA. ALCARACEJOS, S/N
Email: rafa@mallasgalbis.es
Phone number: 957.770.888
Fax: 957.772.710
1 DEFINITIONS
1.1 In these Conditions, the following terms shall have the following meanings: "the Seller" means MALLAS GALBIS, S.L., its subsidiaries and related companies, and the entities that respectively succeed them by whatever title, "the Customer" means the natural or legal person with whom the Seller contracts for the sale of the Goods, "the Goods" means the product which the Seller sells to the Customer in accordance with the Contract, "the Contract" means the contract for the sale and purchase of the Goods between the Seller and the Customer, to which these General Conditions of Sale are incorporated, "working day" means any day of the week except Saturday and Sunday and public holidays, "Conditions" means the rules governing the sales of MALLAS GALBIS, S.L.
2 PREAMBLE
2.1 Information on prices, available quantities or delivery times sent by the Seller shall be considered as a mere invitation to the Customer to place orders, and, accordingly, offers subject to acceptance by the Seller. Orders in response to the sending of such information or the acceptance thereof shall not give rise to a contract, which shall only be deemed to have been concluded in the following circumstances: a) Acceptance by the Seller (acceptance of order). b) Commencement of the manufacture of the Goods when the Goods are specially manufactured for such order. c) Expedition of the Goods.
2.2 These Conditions are the only Conditions under which the Seller contracts and shall be incorporated into the Contract to the exclusion of any other terms or conditions, including those stated or quoted in the Customer's order and other Contract documents.
2.3 These Conditions may only be modified with the agreement of the Seller, by means of a signed document which will be sent to the Customer.
2.4 In addition to these Conditions, the Seller's internal technical specifications and commercial terms relating, inter alia, to transport, minimum orders or packaging shall apply, and may be requested by the Customer from the Seller at any time. These terms and specifications are hereby incorporated into these Conditions.
3 PRICES
3.1 Prices exclude any taxes and duties relating to the sale of the Goods. Such taxes and duties shall be added to the price and shall be paid by the Customer.
3.2 Prices stated in quotations, estimates or other documents issued by the Seller prior to acceptance of the order are not binding on the Seller. The final price shall be the price applicable on the date of acceptance of the order.
3.3 The Seller may increase the price of the Goods between the date of acceptance of the order and the date of payment in the following cases: a) Alloy surcharge and changes in the international prices of the raw materials of the Goods, or in the terms of their supply. b) Additional costs relating to the Goods or their delivery. The Customer shall bear the above price increases.
4 PAYMENT AND GUARANTEES
4.1 Payment of the price of the Goods shall be made on the agreed date and in the agreed manner, and the Customer shall bear all costs arising from the chosen payment system. Where payment is made by documentary credit, it shall be governed by the Uniform Customs and Practice for Documentary Credits in force at the International Chamber of Commerce. In the absence of agreement, payment shall be made in cash at the Seller's premises no later than 30 days from the date of the relevant invoice. If any other means of payment is used, it shall not be deemed to have been carried out until the corresponding amount has been effectively paid into the Seller's bank account. Payment of the price shall be made in full, partial payments are not accepted.
4.2 All deliveries are subject to the approval of the Seller's Risk Department.
4.3 The Seller shall have the right to opt for compulsory performance of the Contract, or its termination, if the Customer is in any of the following situations:
a) It breaches its obligation to pay or any other obligation under the Contract, or any other contract with the Seller. b) You are in insolvency proceedings, liquidation, or any other insolvency situation. c) It does not have the capacity to pay its debts. d) There is a writ of execution, execution or seizure of your assets.
4.4 If the Seller has reasonable grounds to suspect that the Customer will be unable to meet its obligations under the Contract, or any other contract with the Customer, the Seller may at any time suspend performance of the Contract unless the Customer immediately pays the price in full, and makes other outstanding payments to the Seller under other contracts, or provides the Seller with a bank or other security in the same amount acceptable to the Seller. The Seller shall immediately give notice of such suspension, giving the Customer a reasonable period to make payments or to provide security. If the Customer fails to do so within that period, the Seller shall have the same rights as in Condition 4.3.
4.5 If in the cases indicated in Condition 4.3 or 4.4, the Seller has already dispatched the Goods, he shall be entitled to prevent the delivery of the Goods to the Customer, even if the latter is the holder of a document that grants him the right to obtain them.
4.6 If the Seller terminates the Contract in accordance with Condition 4.3 and 4.4, the Customer shall lose the right to sell the Goods subject to retention of title as set out in Condition 7, and the Seller may prohibit the sale and processing of the Goods and require the Customer to return them or send them to another destination. Notwithstanding such termination or cancellation, the Customer shall pay to the Seller the price of the Goods dispatched prior to such termination or cancellation.
4.7 Amounts owed by the Customer in payment of the Goods which are not paid when due shall bear interest until the principal is paid at the interest rate applied by the European Central Bank to its most recent main refinancing operation, increased by seven percentage points. The Customer shall further indemnify the Seller for all damages and expenses incurred by the Seller because of the non-performance.
4.8 The Client may not deduct from the amounts owed to the Seller those amounts that it claims from the latter, whether derived from the Contract or from any other concept, and may only deduct the credit notes issued by the Seller.
5 DELIVERY
5.1 Delivery of the Goods shall take place at the place specified in the Contract, or subsequently agreed by the parties. If no place of delivery has been specified, delivery shall take place at the Seller's premises immediately prior to loading for carriage to the Customer. The trade term chosen shall be interpreted in accordance with the edition of the INCOTERMS stated in the contract.
5.2 Unless otherwise stated, Goods marked as stock material or other similar term are subject to availability.
5.3 The Seller may make partial deliveries, issuing an invoice for each such shipment.
5.4 Dates and times for dispatch or delivery of the Goods are approximate and shall not be binding on the Seller. Given the complexity of the process of manufacturing the Goods, if despite reasonable efforts to meet a delivery or dispatch date or time under the Contract, such failure to meet such date or time shall not be deemed to be a breach of contract by the Seller entitling the Customer to terminate the Contract or to claim damages and the Seller shall be entitled to a reasonable extension of the delivery or dispatch date or time.
5.5 If non-delivery is due to causes attributable to the Customer, the Customer shall make the agreed payments as if delivery had taken place. The Seller may store the Goods at the Customer's risk and expense, and at the Customer's request, insure the Goods, in both cases provided that the Customer pays in advance the foreseeable costs of storage and insurance.
6 TRANSMISSIONS OF RISK
6.1 The transfer of the risk of damage or loss of the Goods to the Customer shall take place in accordance with the INCOTERM indicated in the Contract, and failing that in accordance with the INCOTERM, EX WORKS (INCOTERMS 2000).
6.2 For sales in Spain, the transfer of risk shall take place: a) Upon delivery to the first carrier if the Contract includes the carriage of the Goods. b) In other cases, when the Customer takes delivery of the Goods, or if not at the agreed time, from the time they are placed at the Customer's disposal.
7 RESERVATION OF TITLE
7.1Without prejudice to its delivery and the passing of risk to the Customer, the Goods shall remain the property of the Seller until payment in full of the price thereof, and of any other amount owed by the Customer to the Seller for any other reason, even if not overdue.
7.2 Until the transfer of ownership to the Client:
a) In the cases contemplated in Condition 4.3 and 4.4, the Seller may require the Customer to return the Goods, recover possession of them and may resell them.
b) The Customer shall store the Goods in a proper manner, and in such condition, as is necessary to protect and preserve them, without charge to the Seller. It shall not alter or remove any identifying marks on the Goods or their packaging, ensuring that they are clearly identified as the Seller's property. If, notwithstanding the foregoing prohibition, the Goods are processed or combined in any way with other products, the Seller shall retain title to the resulting product for an amount equal to the value of the Goods. c) At the Seller's request, the Customer shall take the necessary steps to protect the Seller's rights in respect of the Goods.
7.3 The rights granted to the Seller in this Condition are in addition to, and shall in no way exclude or limit any other rights or remedies to which the Seller may be entitled.
7.4 The Customer shall be entitled to dispose of the Goods in the course of its business, and to transfer title to its respective customers, provided that they are bona fide purchasers. If in any such event the Goods have already been delivered to the bona fide purchaser, the Seller may demand payment or be subrogated to the rights of the Customer in respect of such sale and purchase, up to the limit of the amount due.
8 QUANTITY AND QUALITY. COMMERCIAL GUARANTEE
8.1 The Seller shall deliver Goods in the quantity and quality set out in the Contract, and in the packaging provided for in the Contract. Notwithstanding the foregoing, the Goods shall be subject to the Seller's tolerances and classification rules.
8.2 The weight indicated by the Seller shall be the valid and final weight, provided that a scale approved according to the standards of the Seller's country has been used. The Customer may request a weight receipt. Unless otherwise agreed, the delivery tolerances in quantity for each type and total quantity shall be +/- 10% of the quantity ordered.
8.3 The Seller warrants that the Goods: a) They are fit for trade. b) They are free of charges and rights of third parties.
8.4 The Commercial Warranty is limited to the provisions of this Condition and all other warranties are excluded from the Contract. In particular, there is no warranty that the Goods: a) They are suitable for the Customer's specific declared or undeclared uses. b) They conform to the samples delivered by the Seller, not being a sale on sample. c) They are free from defects arising from materials, specifications or information supplied by the Customer. d) They are fit for use if they have not been handled or stored in the proper manner or are processed on unsuitable machinery. e) They are suitable if used in the nuclear industry.
8.5 The Seller shall be liable under the terms of this Condition for defects, hidden defects, and lack of conformity (hereinafter the Defects) in the Goods which are attributable to it, arising from its design, raw materials, or process.
8.6 The Customer shall inspect the Goods immediately upon arrival at the agreed destination, to determine: a) Whether they have been damaged in transit. b) Whether they are of the quality, quantity and weight as stated on the Order Acceptance or delivery note.
8.7 Damage to the Goods in transit shall be noted on the carrier's delivery note.
8.8 If a Defect is found, the Goods shall not be processed, and the Customer shall store them in their original packaging and make them available to the Seller for examination. Otherwise, the Customer shall lose its right to claim for such Defect.
8.9 Defects shall be notified in writing to the Seller immediately upon discovery, or when they should reasonably have been discovered, and in any event not later than 3 months from the date of delivery. The notification shall be reasoned, with a description of the Defect complained of.
8.10 Upon receipt of the notice referred to in Condition 8.9, the Seller shall have the choice between: a) Repairing the defect. b) Supplying a replacement product. c) Reduce the price in proportion to the Defect in the Goods. In any of the above cases, the Seller shall bear the cost of transporting the Goods or replacement product but no other costs, such as disassembly, installation or processing costs.
8.11 Notwithstanding the foregoing, the Seller shall be entitled to investigate the claim, and to require such evidence from the Customer as it deems necessary. If as a result of the investigation it is established that the notified Defect does not exist or is not the Seller's responsibility, the Seller shall be entitled to be reimbursed by the Customer for the costs incurred in making the claim.
8.12 The Customer shall not be entitled to any other remedy or action other than those set out in this Condition 8, which is absorbed by and within the limits of Condition 9.
9 LIMITATION OF LIABILITIES
9.1 The Seller warrants that the Goods will conform to the express terms of the Contract.
9.2 The Seller shall not be liable for any damages which the Customer may suffer because of the acts and omissions of the Seller, its employees and representatives in connection with the Contract or the Goods, in excess of the amount of the purchase price of the Goods, excluding VAT, customs duties, insurance premiums and other costs other than those of the Goods themselves.
9.3 The Seller shall not be liable for any consequential damages of any kind, nor for any loss of profit which the Customer may suffer as a result of the acts and omissions of the Seller, its employees and representatives in connection with the Contract or the Goods.
9.4 The Seller shall not be liable for statements, suggestions and comments in relation to the Goods made by its employees or representatives in pre-contractual negotiations.
10 FORCE MAJEURE
10.1 The Seller may suspend the performance of the Contract, without this implying any breach of contract, for reasons of force majeure which hinder or prevent it, for as long as such hindrance or hindrance lasts.
10.2 Force majeure may arise, inter alia, from the following events: a) Wars, whether declared or undeclared, civil war, revolts and revolutions, acts of piracy and sabotage. b) Natural disasters such as hurricanes, cyclones, earthquakes, tsunamis, floods or destruction by lightning. c) Explosions, fires, destruction of machinery, factories or any other type of installation. d) Boycotts, strikes and lockouts, production stoppages, and occupation of factories and facilities. e) Acts of public authorities, whether lawful or not, for which the Seller has not assumed the risk under the Contract. f) Shortages of labour, energy, or raw materials. g) Restrictions on communications. h) Delays or non-performance by subcontractors.
10.3 The Seller shall give written notice to the Customer of the suspension of the Contract, and if the suspension lasts for more than 8 consecutive weeks, either party may terminate the Contract upon written notice, without prejudice to the Seller's right to charge the price of the part of the Goods dispatched to the Customer prior to the suspension of the Contract, and to be reimbursed for any other expenses in relation to the Contract accrued prior to termination.
11 TRANSFERS
11.1 The Customer may not assign, encumber, or otherwise transfer the Contract, or any rights or obligations arising thereunder, without the Seller's written consent.
12 WAIVER OF RIGHTS
12.1 The Seller's rights in relation to the Contract shall not be waived by the granting of deferrals or other indulgences, or by the failure to exercise any remedies arising therefrom.
13 NULLITIES
13.1 If any Condition of this document is void or voidable in whole or in part under applicable law, it shall be omitted from this document without affecting the validity of the other Conditions.
14 CANCELLATION/RETURN/REFUND POLICY
14.1 An order placed may be cancelled while it is still in a state of preparation. We will only accept cancellations requested in writing (contact form, e-mail). We do not recognise other means of cancellation requests, e.g. telephone calls.
14.2 The buyer may return the material provided that neither the product nor its packaging has been tampered with and provided that it has not been modified or damaged in any way. In any of the cases, the buyer will assume the transport and handling costs derived from the collection of the material. The returned product will be replaced by another product offered by the seller. Only if authorised by the seller, the amount of the returned material will be refunded.
14.3 The purchaser shall have a period of seven working days from receipt of his order for notification of the corresponding claim.
15 NOTIFICATIONS
15.1 Notifications to be made to the Seller shall be made to the address appearing in the Order Acceptance, or to the address subsequently indicated to the Client. Notifications to be made to the Customer shall be made at the Customer's last known address. Notifications may be made by post, fax, or e-mail.
16 PRIVACY AND DATA PROTECTION
In compliance with the provisions of Organic Law 15/1999 of 13 December, on the Protection of Personal Data, we inform you that: A) MALLAS GALBIS, S.L. guarantees the confidentiality of all data provided by its customers. In addition to the minimums established by law, the collection and processing of data is carried out under security levels that prevent the loss or manipulation of data. B) In accordance with current legislation, all customers of MALLAS GALBIS, S.L. have the right to access, rectify, cancel and oppose their data. Furthermore, at any time, customers may express their wish NOT to receive any type of advertising. To exercise these rights, customers may contact us by post at the following address: Ctra. Alcaracejos, s/n - 14400 Pozoblanco (Córdoba) or send an e-mail to rgdp@mallasgalbis.es. C) In order to provide its services, MALLAS GALBIS, S.L. is obliged to provide certain details of its clients - name, address, telephone number, etc. - to other companies that collaborate in the provision of the service - carriers, financial institutions, etc. In all cases, the information provided is strictly necessary for the specific activity to be carried out. D) Customer data will be used for strictly commercial purposes and will not be passed on to third parties under any circumstances.
17 SECURITY BUYER PROTECTION
17.1 We guarantee maximum security for your payment and data confidentiality. All payment transactions are carried out through a secure server, based on the SSL Standard, which guarantees the total confidentiality of your credit card details. This data is encrypted at all times and is only known to the authorising bank and is never stored on our servers.
17.2 Payments are made through the Redsys payment platform (BBVA's official payment channel) with the corresponding encryption and security systems for data transfer through the SSL protocol, so that the buyer will carry out any transaction based on the protection of these channels.
18 JURISDICTION AND APPLICABLE LAW
18.1 The Contract shall be governed by and interpreted in accordance with Spanish law, and the Client expressly waives its own jurisdiction and submits to the courts and tribunals of the city of Madrid. The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, or any other that may replace it, shall not be applicable.
18.2 Without prejudice to the foregoing, the Seller reserves the right to apply to the courts of the Customer's country for any amount which the Customer may owe to the Seller.