GENERAL SALES TERMS

1. OBJECT
 
These Terms and Conditions regulate the commercialization of products and services offered by HIDRAMATIC, S.A.U. provided with Tax ID: ESA58426487 (hereinafter HIDRAMATIC) with their customers (the Customer).
 
These Terms and Conditions define the basic conditions for the acquisition of products and services offered by HIDRAMATIC.
 
These Terms and Conditions are the translated version of the original ones written in Spanish, which are also available in this website. The Spanish version prevails over any other translated version.
 
2. ORDER ACCEPTANCE
 
All orders are subject to acceptance and confirmation by HIDRAMATIC. An order will be officialy deemed as long as HIDRAMATIC has sent its acceptance and confirmation. After that, the user will acquire the status of Customer. Any product or service offered afterwards will need its new and own order.
 
3. PRICES
 
Prices are in EURO and are notified in each quote.
 
Prices correspond to the amount indicated in the offer. In case of modification of the requested amount, HIDRAMATIC reserves the right to update them.
 
Prices do not include VAT (Value Added Tax), or any other fee or tax.
 
Prices are EXW (EX-WORKS) Barcelona, ​​Spain (Incoterms 2000), ie they do not include transportation or tariff taxes.
 
Prices do not include the legalization of documents at the Chamber of Commerce or any other official body.
 
Prices indicated in the offer shall be valid for 90 days from the date stated therein, unless otherwise specified. In any case, HIDRAMATIC reserves the right to change prices even within the period of validity of the offer, if manufacturers raise prices within the same period.
 
At the end of the validity period, prices may vary without affecting the orders that have already been made and accepted by HIDRAMATIC.
 
4. AVAILABILITY AND DISPATCH TIME
 
Availability and dispatch time of products listed in the website www.hidramatic.com are indicative, and in no way represent a firm commitment from HIDRAMATIC.
 
Availability and dispatch time of products will be defined in the offer document.
 
HIDRAMATIC will not be liable in any case and under no circumstance, when errors or delays in deliveries are due to causes beyond its control.
 
HIDRAMATIC will not accept penalties for late deliveries, in any case and under no circumstance.
 
5. DELIVERY TERMS
 
Delivery terms shall be indicated in the offer document.
 
The usual delivery terms are EXW (EX-WORKS) Barcelona, ​​Spain (Incoterms 2000), ie no costs of transportation, insurance, taxes and custom fees are included.
 
The Customer may request HIDRAMATIC to manage the shipment of products. In such cases, the cost of transportation will be charged separately, without prejudice to the legal EXW conditions, which will continue to apply.
 
HIDRAMATIC will not be liable in any case and under no circumstance, when errors or delays in shipments are due to reasons beyond its control.
 
6. PAYMENT TERMS
 
Payment is due prior to material shipment. Payment can be done by credit card at the PAYMENTS AREA at www.hidramatic.com , or by direct bank transfer, with all bank charges and commissions being borne by the remitter.
 
Bank transfers must be done to the bank account number, which is specified in the offer.
 
Both credit card and bank transfer payment are deemed to be done, once the amount has been received in the bank account of HIDRAMATIC.
 
It is important to identify payment with the corresponding invoice number.
 
To generate the corresponding invoice, the Customer must inform us with the official tax identification.
 
7. CHANGES AND ORDER CANCELLATION
 
If the Customer needs to change or cancel an order, he must call immediately to the following number +34 93 322 20 66 or send an email to hidramatic@hidramatic.com.
 
If the order is already being manufactured, or if its in transit out of our warehouse, it will not be possible to make changes or cancellations, and HIDRAMATIC will send it as initially requested.
 
8. RETURN POLICY
 
8.1 PRODUCTS FREE FROM MANUFACTURING DEFECTS
 
8.1.A Special products, manufactured specifically on request (upon order)
 
No returns will be accepted.
 
8.1.B Standard Products
 
HIDRAMATIC will not accept returns of products which have been used.
 
The Customer has a maximum of 90 days from the date in the delivery note to make the return. After this deadline HIDRAMATIC will not accept any returns. All returns will be affected with the following penalties:
  • Return made in the period 1-30 days from date in the delivery note: 10% of the invoiced amount.
  • Return made in the period 31-60 days from date in the delivery note: 20% of the invoiced amount.
  • Return made in the period 61-90 days from date in the delivery note: 30% of the invoiced amount.
Customer must follow the steps described in section 8.3 RETURN PROCEDURE.
 
As soon as the product is received , HIDRAMATIC will examine it and inform the customer whether or not he is entitled to a refund. If so, the penalty will be deducted from the refunded amount, which will be transferred with the same payment method that was used for the initial purchase.
 
8.2 DEFECTIVE PRODUCTS
 
HIDRAMATIC partners only with leading manufacturers to ensure the highest quality of marketed products. However, if the Customer receives a product, which may be deemed to be defective, please contact HIDRAMATIC at  +34 93 322 20 66 or send an email to the following address: hidramatic@hidramatic.com
 
Customer must follow the steps described in section 8.3 RETURN PROCEDURE.
 
As soon as the product is received, HIDRAMATIC will examine it carefully, and if necessary will send it to the manufacturer to determine whether the defective product claim is accepted.
 
If it is confirmed that the product had a manufacturing defect of origin, the Customer will be offered the following two options:
(i) Replacement with a new one.
(ii) Return of the invoiced amount with the same payment method that was used for the initial purchase.
 
HIDRAMATIC will not accept penalties, nor cost allocations for repair and replacement, nor any other non-quality cost, in any case and under no circumstance.
 
HIDRAMATIC will not be liable for any material and non-material damage that may arise from defective products, in any case and under no circumstance.
 
If it is confirmed there was not a manufacturing defect of origin, the claim will be denied and inspection consts and expenses will be charged to the Customer.
 
8.3 RETURN PROCEDURE
  1. Ask for the Return Form at hidramatic@hidramatic.com
  2. Fill the Return Form, sign it and include it in the return package.
  3. Enclose with the product: copy of delivery note, invoice, original packaging, instructions and any other information that accompanies it. The product must be in the same condition as you received it.
  4. Send the return package with prepaid postage. All shipping costs are paid by the Customer.
9. PRODUCT WARRANTY
 
HIDRAMATIC guarantees that its traded products offer the highest quality standards and are free of defects, which may make them dangerous or unsuitable for normal use.
 
The contractual warranty is specified by each supplier or manufacturer in accordance with the Real Decreto Legislativo 1/2007, de 16 de noviembre, in which the revised Spanish Law Ley General para la Defensa de los Consumidores y Usuarios was approved.
 
The warranty does not cover defects caused by negligence, strokes, inappropriate use or handling, nor wear and tear caused by normal use. Warranty is excluded in products, which have been modified or altered by the Customer or anybody not belonging to HIDRAMATIC or the manufacturer.
 
To use the warranty, it is compulsory to keep the invoice or delivery note supplied by HIDRAMATIC.
 
10. CUSTOMER RESPONSIBILITY
 
The Customer agrees to make a proper use of all products and services supplied by HIDRAMATIC, without violating the current legislation, nor prejudicing the rights and interests of third parties.
 
The Customer guarantees the accuracy of all information provided to HIDRAMATIC by any available mean (web forms, e-mail, phone, fax, etc..), avoiding any prejudice to HIDRAMATIC due to its incorrectness.
 
11. PERSONAL DATA PROTECTION AND ADVERTISING
 
HIDRAMATIC, S.A.U. complies with the current legislation regarding personal data protection, covered by the Spanish Law 15/1999 of December 13th, Ley Orgánica de Protección de Datos de Carácter Personal (LOPD), and the regulation, which complements and develops it .
 
Personal data supplied by Customers/Users will be automatically processed and inluded to a data file owned by HIDRAMATIC, S.A,U., which is officially registered at the Spanish Agency for Data Protection (AEPD), and on which security measures required by applicable law will be taken to ensure confidentiality.
 
Personal data supplied by Customers/Users will be used by HIDRAMATIC, S.A.U. for the following purposes: orders' management, quotes' preparation, and for sending information about  products, services and industry-specific publications.
 
Data supplied by Customers/Users will not be sold or submitted to third parties, unless legally required.
 
In website data collection forms, Customer/User will be informed about the existence of this Privacy Policy and it's acceptance will be required.
 
At any time Customers/Users can exercise their rights of access, opposition, rectification and cancellation of their personal data in accordance with the Spanish Law 15/1999 of December 13th, Ley Orgánica de Protección de Datos de Carácter Personal (LOPD), by contacting HIDRAMATIC, S.A.U. at privacy@hidramatic.com, or by sending a letter to the following address: Passatje d'en Sagristà, 12-14, 08029 Barcelona, ​​Spain.
 
HIDRAMATIC, S.A.U. also complies with the Spanish Law 34/2002 of July 11th, Ley de Servicios de la Sociedad de la Información y Comercio Electrónico (LSSICE), thus asks for your consent to processing your e-mail for marketing purposes.
 
12. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY
 
ALL RIGHTS RESERVED
 
This Website is defined by (but not limited to):
 
Its site structure, its information architecture and organizational system, specifically the definition and types of filters used for product search and selection, its customized source code, its graphic design, its links to other websites, and any other element that might constitue the Website.
 
The Content of this Website is defined by (but not limited to):
 
All products technical information, trademarks, trade names, logos, images, photographs, illustrations, graphics, texts, downloadable files or executables, comments about products, publications and debates, any audiovisual content, and any other element that might be commercialized.
 
(i) This Website is owned by HIDRAMATIC, S.A.U.
 
(ii) The Content of this Website is owned by HIDRAMATIC, S.A.U. or third parties, which have authorized their inclusion on this Website.
 
(iii) This Website and its Content are protected by national and international laws on Intellectual and Industrial Property.
 
This Website and its Content have ALL RIGHTS RESERVED.
 
This Website, its structure, its information architecture and organizational system, its source code and in particular the definition and types of filters used for product search and selection, have been lodged at a Notary, in date May 1, 2012, being totally forbidden to copy or reproduce them in other websites.
 
Under no circumstances HIDRAMATIC, S.A.U. cedes these rights, wholly or partially, unless a prior and written permission has been issued by HIDRAMATIC, S.A.U.
 
The Contents and information of this Website are protected by Copyright and Intellectual and Industrial Property laws, and also have All Rights Reserved. Its alteration or modifcation, without prior and express written permission from HIDRAMATIC, S.A.U. or the corresponding owners, is totally forbidden.
 
Therefore, the infringement of Intellectual and Industrial Property of HIDRAMATIC, S.A.U. or its owner, may lead to defend their rights judicialy or extrajudicialy. HIDRAMATIC, S.A.U. will not be liable in any case and under any circumstances for violations of those rights, which may be committed.
 
12. JURISDICTION AND APPLICABLE LAW
 
These Terms and Conditions are subject to the Spanish Law. In case of dispute regarding their interpretation or enforcement thereof, the parties hereby expressly submit to the jurisdiction of the Court in Barcelona.