GENERAL CONDITIONS OF SALE AND SUPPLY IBC
1. GENERALITIES.
Offers are made without obligation and are not binding. No obligation is given until MASCHIOPACK IBERICA confirms the order in writing, after receiving the customer's acceptance of the offer along with the general terms and conditions of sale. Verbal agreements, to be binding, must be subject to written confirmation by MASCHIOPACK IBERICA. All our offers are valid for one month from the date of issue.
2. PRICE
Information on prices, specifications, catalog reproductions, drawings, specifications, and other documents is provided on a non-binding basis, nor is information on suitability for a specific use. MASCHIOPACK IBERICA may make any changes to the price of its products, including the shape, dimensions, and materials, until written confirmation of the order is received. Prices are deemed to be those in effect at the time of delivery, except for those determined by contract and for a specific period of time.
3. SUPPLY
The delivery location of the goods will be indicated in the offer; otherwise, delivery will always be deemed to have taken place at MASCHIOPACK IBERICA's facilities. Delivery or making available entails the transfer of ownership. The goods will be made available either by direct delivery to the customer at our facilities, by notifying the customer that the goods are at their disposal, or by handing over the IBCs to a carrier designated by the customer or designated by MASCHIOPACK IBERICA. Regardless of the foregoing, making available and, consequently, the transfer of ownership will always be deemed to have taken place at MASCHIOPACK IBERICA's facilities; from that moment on, the customer is responsible for the goods, and they will always travel at their own risk.
4. RESPONSIBILITY FOR THE GOODS
MASCHIOP ACK IBERICA does not guarantee the intended use of the IBC, nor does it assume any type of risk, which must be formalized in writing in order to be valid. Our customers must be familiar with the composition and behavior of their products, as well as the transport, handling, and storage conditions for the IBCs and accessories we have supplied. For these purposes, our customers must perform all tests they deem necessary. Consequently, our customers are solely responsible for any damage that may arise from the composition, behavior, or compatibility of their products with our IBCs and accessories.
5. RESERVATION OF OWNERSHIP
The delivered goods remain our property until full payment has been made by the purchaser, who has the right to use and process them according to normal commercial practices, provided there is no delay in payment or objection on our part.
6. CLAIMS
Claims for IBC construction defects will not be accepted after fifteen days from delivery of the IBCs and before any use for shipping. MASCHIOPACK IBERICA undertakes to repair or replace defective products only after examination by MASCHIOPACK IBERICA technicians. Any IBC returned to our facilities must have received our prior written approval and will be final after verification of the defects at our facilities. They must not have been previously used.
7. RESPONSIBILITIES
We decline any liability once the IBCs or accessories leave our facilities. In this case, it is the recipient's responsibility to verify the shipments upon arrival and, if applicable, file claims with the carriers. Under no circumstances will our liability extend to damages, which may be claimed by the customer as a result of delayed delivery or due to manufacturing defects. Our sole obligation is to replace the buyer with any product that proves to be defective.
8. DEADLINES
The delivery times indicated in the offers are indicative and without obligation. Delays in delivery never result in the cancellation of an order. It is understood that there are no penalties for late delivery unless otherwise stipulated at the time of order processing. In the event of force majeure, we reserve the right to temporarily or permanently suspend orders without giving rise to compensation.
9. RETURNS
Any return of goods must be agreed upon in advance between the purchaser and us. Upon receipt, the delivered material will be examined and appraised at its fairest price. The appraisal amount will entitle you to a credit. Waiting for a credit does not justify delaying payment of the invoice principal.
10.WARRANTY
The warranty period is six months from the date the material is delivered to our plants. This warranty is limited to the replacement of defective parts. Parts replaced free of charge remain our property. This warranty does not extend to the consequences of normal wear and tear, negligence in handling, or improper use of the supplied material.
11.TECHNICAL AND COMMERCIAL INFORMATION
The technical and commercial information owned by MASCHIOPACK IBERICA and provided to the customer or to which the customer has otherwise accessed it may not be disclosed, transmitted to third parties, duplicated, reproduced, analyzed, or used for any purpose other than that agreed upon without our prior written consent. The obligation of confidentiality shall apply throughout the duration of the offer. The weights, contents, and dimensions mentioned in our offers are indicative only and may vary depending on the conditions imposed by our raw material suppliers and our manufacturing techniques.
12. DISPUTES
Any dispute between MASCHIOPACK IBERICA and the client as parties, expressly waiving their right to jurisdiction, shall be subject to the jurisdiction of the courts of Tarragona for any disputes that may arise.
13. DATA PROTECTION
In accordance with the provisions of Organic Law 15/1999 of December 13, on the Protection of Personal Data, we inform you that the data you provided has been incorporated into a file and is being processed for the purpose of properly managing the existing business relationship and for the subsequent sending of information, by any means, about news, products and future services of our Organization that may be of interest to you. The data is confidential and for the exclusive use of the File Manager, Maschiopack Iberica, sl, with registered office at Av. Països Baixos, Illa 2, parc. 5.2, Pol. Industrial Constantí, with DP 43120 in Constantí (Tarragona). We also inform you of your right to access, rectify, erase and object to the data contained in the aforementioned file under the terms established by current legislation.