Page 258 - Catalogo MRF FR

SHAPING STEEL SOLUTIONS

• The risk, the responsibility of the transport and insurance, as well as the point of 9. SAMPLES
delivery, are regulated by the Incoterms 2020 agreed in the particular conditions, The supply of samples by the Seller is subject to the processing of a sample
in the offer sent or in the accepted order. or r product, agr the

• The deadlines indicated in the order confirmation are merely informative and may corr b Seller. the
be subject to occasional variations that will be notified to the Buyer aS Soon as Seller alway prevail.
possible. 10. SALE AND TRANSFER OF LIABILITY
• The goods shall remain in the possession of the Seller until they have been The conditions shall be fixed between the Seller and the Buyer within the terms and
paid for in full by the Buyer. In the event of non-payment, the Seller is entitled conditions established in each case. For its validity it will be imperative to have an
to reclaim and recover the unpaid goods at the Buyer’s expense. This does not offer / accepted order in force reflecting the same and its validity date.
exclude possible surcharges for other items. In case of reaching the expiration date of the offer / accepted order and prolonging
6. ACCEPTANCE OF ORDERS the collaboration, these will automatically maintain their validity in the operations
The Buyer’s orders shall not be considered final until they have been confirmed and to be carried out.
accepted in writing by the Seller. The setting of the conditions shall be the sole responsibility of the Seller and shall
prevail over any other indicated in documents issued by the Buyer.
The Seller reserves the right not to fulfill the order if the Buyer is not up to date with
their outstanding payment obligations or if there are clear indications that the Buyer The terms of delimiters regarding the transfer of responsibility for the shipment of
may not be able to meet the payment within the specified terms/conditions. goods will be in accordance with the Incoterms 2020.
The Seller reserves the right of unilateral termination of the agreement if the Buyer
The order is deemed to be accepted by the Seller in its terms and conditions from the
moment the written confirmation is sent by the Seiler. breaches any of the conditions set forth in these GSC or those agreed between the
parties.
In the event that the Buyer cancels an order placed prior to shipment the Seller shall 11. TERMS AND PAYMENTS
be entitled to carry forward all charges incurred up to the time of cancellation and
any raw materials/products which are already manufactured and cannot be used The Seller will indicate in its order confirmation the terms and conditions for the
payment of invoices. These shall be the only valid and binding terms and conditions.
for any other purpose.
If these do not appear in the confirmation, the following shall apply: “in advance” if
7. WARRANTY there is no credit line, or in accordance with the credit line granted and approved
The Seller provides a six-month warranty from the date of material availability to by the Seller.
the buyer according to the agreed conditions. This warranty will caver any non- There shall be no right to cash discounts or deductions of any kind by Buyer unless
detectable defect or failure that our product may suffer due to faults derived from its these have been mutually agreed to in writing by the Seller.
production and under a use within the designated application for the same.
Invoices shall be payable to the accounts indicated on the invoices issued by the
Any different use, alteration of the product or its defective installation by the Buyer Seller by bank transfer and in accordance with current Spanish legislation within
not respecting the instructions provided by the Seller renders this warranty null and the established deadlines.
void. The Seller reserves the right of partial shipments and their invoicing, being the
Any admission of a claim will entail the correction, repair or replacement of the Buyer responsible for the payment of these partial shipments according to the
defective product, or the refund of the amount paid by the Buyer at the time. No other agreed conditions and deadlines.
claim is admissible that exceeds such as penalties, expenses of others or derived The Seller reserves the right to issue surcharges for late payments, as well as
from loss of income. penalties for costs associated with the claim of such non-payments.
The application, use and maintenance of each product is governed exclusively by In the event that the Buyer is not up to date with its payments, the Seller may suspend
the indications in the documents issued (and in their latest version) by the Seller and/or cancel the supply of Products at any time until the situation is regularized.
(Technical Data Sheets, Manuals, Drawings). 12. FORCE MAJEURE
The Seller reserves the right to modify the documentation at any time and without
prior notice. It shall be the Buyer’s responsibility to inform himself and to request Force majeure shall be considered to be any event of any nature beyond the
in particular,
reasonable control of either Party,
such as,
strikes or lockouts of
from the Seller the documents he deems necessary. an nature, transport, cause, or

Any other application must be confirmed in writing by a valid and authorized r pro pr Products,
representative of the Seller in order to maintain the guarantees and rights described ex ra materials, breakdowns

above. or explosions. Independently of the causes that are legally considered as force
8. CLAIMS AND RETURNS Majeure, an breakdo par in

If the products show apparent damage, the Buyer must notify it in writing at the pr delay products, raw

same time of availability or delivery, with the anomaly expressly and detailed noted materials essential to production shall be considered as such.
in the delivery note. Whenever there is a cause of force majeure, the Seller may postpone the delivery of
If the products were to present any defect in quantity or quality, the Buyer must its products or services for the duration of this and its effects, or cancel the order,
notify the Seller in writing within twenty-one (21) natural days from the availability if applicable.
of the products at the Seller’s premises, or within seven (7) days if they are delivered When this happens, no compensation may be claimed by the buyer.
by the Seller at the client’s premises, according to the particular conditions of the
transportation insurance contracted by the Seiler. in the event of hidden defects 13. MISCELLANEOUS
or defects that are not reasonably detectable upon receipt of the merchandise, the In the event that the competent Courts declare any provision of these GSC null and
Buyer must notify the Seller in writing within six months from the availability or void, this shall not affect the remaining provisions of these GSC which shall remain
delivery of the supplied products. For the processing of this claim, it will be essential in force.
to provide documentary evidence that unequivocally demonstrates the facts being Any discrepancy or conflict between the parties related to the supply of Product
claimed, so that it can be determined whether it is admissible and addressed: or any obligation, performance or right of the parties arising from the execution of
delivery notes, photos, videos, or reports. If necessary, the buyer will facilitate the the offer sent or the order accepted, always and in any case imperatively shatl be
shipment or collection of the defective parts or materials for their evaluation and subject to Spanish jurisdiction and the laws in force in Spain, excluding any validity
analysis. or enforceability of any other jurisdiction or foreign law.
No return of material will be accepted without prior acceptance of the return order For the interpretation and fulfillment of the obligations arising from this contract,
by the seller. the parties, expressly waiving any other jurisdiction that may correspond to them,
Any claim that may occur outside the indicated period, without the supporting agree to submit to the jurisdiction of the courts and tribunals of the Seller’s domicile.
documentation or the corresponding proofs, or that is outside the coverage of the These GSC are drawn up in Spanish and English, with the Spanish version prevailing
guarantee, does not oblige the Company to assume the same and it will be the and being authoritative in case of discrepancy.
exclusive decision of MRF to accept it for processing if it is so considered.
Compensations will always be adjusted to the material value either through its
credit or replacement of the damaged product and with a maximum of the amount
paid at the time of purchase of the product. The most favorable Solution will always
be sought within a reasonable framework for the parties, as well as with the least
possible economic impact.

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