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General sales terms and conditions

January 1, 2020

This document constitutes a legally binding contract signed between MIGUÉLEZ, S.L. (the seller) and its customers (the buyer or the buyers). Its general terms and conditions will apply to the sale of all products that MIGUÉLEZ, S.L. sells to its customers, unless expressly agreed otherwise in writing between the seller and the buyers.

1. Conclusion of the Contract

By placing an order with the seller, buyers accept these terms and conditions without reservation.

2. Order and Acceptance

Orders will be made in writing, specifying product, quantity, place and date of delivery. The seller may accept or reject any order. The order will be deemed accepted unless the seller rejects it in writing within 7 days of receipt. With the completion of the order, the buyer declares to have read and know each and every one of these
conditions and expressly accepts them and adheres to them on their own terms.

3. Offers

The offers made by the seller, of its own initiative or at the request of the buyer, are only informative and do not bind the seller until the seller has accepted the order. Unless otherwise indicated in the offer itself, its period of validity will be 7 days.

4. Prices

The prices offered may be reviewed by the seller once the period of validity of the offer established in the previous clause has expired. Unless stated otherwise, the prices will be net, without deductions, in euros and without VAT, duty, fee or tax charged to the buyer.

Unless otherwise agreed, the price includes transport to the place of delivery designated by the buyer, except for internal transport orders (Spain-peninsula) of less than 1,200 euros; or to the islands of less than 3,000 euros; or abroad, or to Ceuta or Melilla of less than 6,000 euros.

The seller may increase the price indicated in the order confirmation if said increase is due to an increase in more than 5% in the cost of acquisition of raw materials, in transport, because of a change in legislation, or any other cause that the seller cannot reasonably avoid.

5. Delivery

The delivery will be understood to be made in accordance with Incoterms when the products sold have been made available to the buyer at the place of delivery indicated in the order. If neither the buyer nor its consignee collect the products, or any part thereof, on the agreed dates and at the agreed places, the seller may, by its desire, terminate the contract, canceling the actual delivery and any other pending deliveries, charging the buyer all losses and damages suffered, or require  compliance, storing the products at the expense, cost and risk of the buyer, who must pay all expenses and costs that this entails.

The same rule will apply in those cases in which the buyer requests to delay the delivery of the product or that it is stored in the seller’s premises until receipt or delivery. In this case, the seller declines any responsibility for all the material that it keeps in its warehouses, and the storage costs and insurance of the deposited
goods are borne by the buyer.

The shipping or delivery dates are established in accordance with the rules of good faith and the seller will make every effort to dispatch or deliver on the agreed date. The reasonable delay in the manufacture or delivery of the order can never be understood as breach of the contract, will not entail a penalty or compensation, and will not entitle the cancellation of the order. The seller will respond to penalties for late deliveries in those cases in which it has expressly and in writing accepted penalty clauses at the time the order is accepted.

The unloading of the merchandise will be paid by the buyer, unless the contrary has been expressly agreed in writing. The buyer undertakes to have all the necessary means to unload the material at the time of delivery and will be responsible for the additional costs that its absence may cause to the seller.

6. Claims

The buyer is obliged to inspect the products at the time of delivery and inform the seller immediately and in writing within a maximum period of 4 calendar days from the date of delivery of any fault, defect or deterioration in delivered products. Once this period has elapsed, the delivered merchandise will be deemed accepted.

Claims for damages caused by the carrier in the merchandise sold must be made within 48 hours of delivery to the customer, and addressed simultaneously to the transport agency. In the event that the damages are visible at the time of delivery, those damages must be recorded on the delivery note presented by the carrier.

Defects in quality or quantity of any product delivered will not be grounds for canceling the rest of the order pending delivery. Any reasonable difference between the quantity or the footage of the products delivered and the products ordered will not be entitled, by itself, to any claim for breach of contract, without prejudice to the payments or charges that the parties may realize for such difference. In no case may it be claimed a quantitative difference of less than 0.5% between the order and
the merchandise delivered.

The buyer must prove the existence of the qualitative or quantitative defect or physical defect subject to claim. In the event that it is found, the seller will replace the defective items or provide the missing ones, assuming the expenses that are derived from it, without the client being able to demand any type of compensation.

7. Cable drums
Unless otherwise indicated, the sale price does not include the cost of the drums and pallets in which the product is delivered. These will be billed in addition to the principal merchandise of the order. The buyer may recover from the seller the amount paid for the coils and pallets if the buyer returns them in accordance with the
conditions expressly agreed to and, in any event, a percentage of depreciation will be taken into account depending on the date of return. The admission of coils and pallets into the warehouses of the seller will be decided by its technical staff, who, if finding them in poor condition, can reject them in the moment of their arrival with the cost of return or destruction at the expense of the buyer.

8. Description and guarantees
The seller guarantees that the products delivered to the buyer are suitable for trade and that they conform to the description contained in the order confirmation. The catalogs, price lists, description of products on the website or any advertising material of the seller are informative and approximate in nature, subject to change without notice.
MIGUELEZ, S.L. guarantees the correct operation of electric cables for a period of 24 months from the delivery of the material against any fault attributable to manufacturing, provided that they have been properly observed all the conditions of installation, use and maintenance indicated in the technical data sheet of the
cable and in the corresponding sections of the Low Voltage Electrotechnical Regulation that affect it.
The warranty specifically covers
defects attributable to manufacturing causes and is not covered in case of
natural phenomena, accidents, connection errors, installation, storage, or
improper handling of the product. Direct, indirect and consequential damages
are not covered by this warranty.

9. Limitation of liability
The seller will only be liable for the loss of benefits, income, clientele, data or any direct or indirect loss arising from this contract, or anything related to it, or for any breach or unfulfillment when it is attributable to the seller because of intentional or inexcusable negligence. The seller does not guarantee the materials sold in
the event that they were resold, handled or used in ways contradictory to the instructions, technical specifications and recommendations approved by the seller, or contravening the electrotechnical provisions and regulations in force in each country. Returns of product sold will not be accepted, except as a result of defects thereof in accordance with the conditions set forth in this document. Otherwise, the return must be accepted by the seller and the returned goods must be in perfect condition and in a condition to be sold again. The return costs in this case will be borne by the buyer.
The liability of the seller may not exceed in any case the price of the principal merchandise of the order.

10. Force majeure

The seller will not be liable for any contingency arising from force majeure (fire, accidents, war, strikes, lockouts, riots, civil disturbances, stoppage of production plants, restrictions, or lack of energy supply, raw materials or transport, prohibitions or governmental restrictions or any other cause—whether or not of
the same nature as the previous ones—outside the reasonable control of any of the parties).

11. Payment conditions and domain reservation
Unless otherwise agreed, payment will be made within the period established by the current regulations in Spain related to matters of defaulting prevention. The seller will maintain the right of ownership of any product supplied until the product has been fully paid. The seller reserves the right to cancel any incomplete order, or to suspend delivery in the event that the buyer breaches any of its obligations, or if the seller is informed through the market or by credit insurance companies that the buyer is not in a situation of fulfilling its obligations on time. Overdue and unpaid payments due to lack of liquidity or bankruptcy will allow the seller to
suspend the current contract without written or prior notification. Regardless of the country to which the goods manufactured by the seller are destined, the
payment terms of the sales governed by this contract, compensation, late payment interest and penalties in case of breach of the payment terms by the buyer, shall be regulated by what is established in the Spanish legislation and, especially, in the current regulations regarding the fight against defaulting in commercial operations.

12. Applicable law and controversies

This Contract will be governed and interpreted in accordance with Spanish law. Any controversy, dispute or claim arising out of, or in relation to, this Contract shall be subject to the jurisdiction of the courts or tribunals of the City of León (Spain), competent to settle such controversy, dispute or claim.

13. Priority of the Spanish version
In the event that this Contract is translated into other languages and there is an inconsistency between the versions in the two languages, the Spanish version will prevail as long as said inconsistency is the result of an error in the translation.

14. Confidentiality
The parties will keep confidential any information regarding the products or businesses of both (whatever the source of information). This restriction will not be extended to the information required of any of the parties by any administrative or judicial authority.

15. Privacy.

The parties have the right and obligation to process the personal data to which they have access, as a result of the commercial relations they establish, in accordance with Regulation (EU) 2016/179, General Data Protection. The seller submits to the privacy policy available at the following link: https://www.miguelez.com/es/politica-de-privacidad
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