SALES CONDITIONS

• Conclusion of the contract

  Any purchase order of products implies unreserved adherence to the present general conditions of sale, completed or adapted by our special conditions, which would cancel any contrary clause that may appear in the purchase orders, purchase conditions or any other commercial documents.

• Payment

  Unless otherwise agreed, invoices are payable on the due date indicated on the invoice.

  In case of delay in the payment, the seller may suspend all orders in progress.

  Any sum not paid at maturity shown on the invoice will automatically entails the application of expenses and interest, notwithstanding the compensation for damages that could be claimed.

• Deliveries

  Delivery times are always given as an indication. They cannot constitute a commitment nor create grounds for penalties or damages in case of delay on the scheduled dates.

  Delivery times are indicated according to the availability of supply and according to the amount of the order.

  In case of anomalies in transport (open packages, beaten or missing packages), they must be indicated in the carrier's delivery note.

• Acceptance of the goods

  The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.

  After acceptance the Buyer shall not be entitled to reject Goods which are in accordance with the contract.

• Sellers Clause excluding liability for delay in delivery

  The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

  Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full.

• Seller’s retention of property

  The Goods shall be at the Buyer’s risk as from delivery

  In spite of delivery having been made, property in the Goods shall not pass from the Seller until:

  • the Buyer shall have paid the Price plus VAT in full; and
  • no other sums whatever shall be due from the Buyer to the Seller

• Warranty

  The seller will take care of the execution of the order and the quality of the products. In case of defect recognized by the seller, the obligation of the latter will be limited to the replacement or the reimbursement of the defective quantities, without any other indemnity.

  The warranty does not cover defects and damages resulting from storage, handling, transport or use in abnormal or non-conforming conditions with the nature, the prescriptions, and the suitability for use of the product.

• Return material procedure:

  In the event of a non-conformity or return, the next procedure will be followed, as long as the goods have been bought neither as a clearance item, nor in a period of more than two years and are not discontinued:

  • 1. An authorization to return any kind of material has to be requested to the Head Offices of ADAICO TRUCK AND TRAILER S.L. by email: export@adaico.com or fax: +34948314341
  • 2. It is indispensable to indicate the article number, the amount, date of sale ( providing order number or invoice number) and the reason for return (identified defect).

  Return Authorization shall be made in written form. That means that no request done by telephone or in a commercial visit will be considered.

  Any material WITHOUT prior AUTHORIZATION WILL NOT BE ACCEPTED BY THE WAREHOUSE and will be immediately rejected.

  No return will be allowed if the mentioned requirements are not properly met.

• Possible product return cases:

  • Product with manufacturing defect:

    After receiving the completed and accepted authorization request for returning the goods, the shipment of the defective material will be carried out only by the forwarder designated by ADAICO TRUCK AND TRAILER S.L. and carriage forward.

  • Damaged material during its transport:

    Any damaged or lost material must be notified to the forwarder and also to ADAICO within the next 24 hours. In the opposite case ADAICO will not credit any kind of broken or lost material outside our facilities. That is why we kindly ask you to inspect the goods at the time of reception. If it is not feasible please write down the following remark before signing the delivery note: INSPECTION PENDING. This is not valid as a claim for damage or lost without the subsequent telephonic notification within the next 24 hours.

  • Material in good conditions:

    Material in good conditions or with proper functioning will not be accepted since the orders are binding purchases and it should be understood as such.

    In case of acceptance due to the customer requirements, the product will be depreciated in at least 20% of its price, as handling expenses.

    Return shall be carried out through the transport company indicated by our customer service.

• General exclusion of Seller’s liability for indirect loss

  The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.

• General limitation of Seller’s liability

  In the event of any breach of this contract by the Seller, the remedies of the Buyer shall be limited to damages on its own products. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

• Proper law of contract

  The parties submit to the exclusive jurisdiction of the courts of Pamplona, Spain.