GENERAL SALES TERMS
1. PURPOSE
These General Sales Terms govern the sale of products and services offered by HIDRAMATIC, S.A.U. provided with Tax ID: ESA58426487 (hereinafter "HIDRAMATIC") to its customers (hereinafter the "Customer").
These terms are a translation of the original Spanish version, which is also available on this website. The Spanish version shall prevail in the event of any discrepancy between the translated versions.
These General Sales Terms establish the fundamental conditions for the Customer's purchase of HIDRAMATIC's products and services.
All orders accepted by HIDRAMATIC are subject to these General Sales Terms, which supersede any Customer general purchase terms.
Any modification of these General Sales Terms must be expressly agreed to in writing by HIDRAMATIC.
2. ORDER ACCEPTANCE
All orders are subject to acceptance and confirmation by HIDRAMATIC.
An order is considered accepted and confirmed only after HIDRAMATIC sends its official acceptance and confirmation to the Customer. Upon confirmation, the user becomes a Customer.
Each subsequent purchase of products or services requires a new, separate order.
3. PRICES
All prices are quoted in EUROS and are specified in the offer document, order confirmation, and invoice.
Prices are based on the quantities stated in the offer. HIDRAMATIC reserves the right to adjust prices if the Customer modifies the requested quantity.
Prices are EXW (Ex Works) Barcelona 08028, Spain (Incoterms 2020). This means prices exclude transportation costs.
Prices do not include Value Added Tax (VAT), any other fees, tariffs, or taxes.
Prices do not cover certificates or the legalization of documents by the Chamber of Commerce or any other official body.
Prices in the offer are valid for 30 days from the date indicated, unless otherwise stated.
In exceptional circumstances, HIDRAMATIC reserves the right to adjust prices during the offer's validity period if manufacturers increase their prices during this same period.
After the offer's validity period, prices are subject to change without notice. This will not affect orders already placed and accepted by HIDRAMATIC.
4. AVAILABILITY AND DELIVERY TIME
Product availability and delivery times shown on this website https://www.hidramatic.com are estimates only and do not represent a guaranteed delivery date.
Availability and delivery time of products are indicated in the offer and order confirmation.
In case products have to be manufactured, definitive delivery time will be confirmed by the factory.
HIDRAMATIC will not be liable when errors or delays in deliveries are due to causes beyond its control.
HIDRAMATIC will not accept penalties for delays in deliveries.
5. DELIVERY TERMS
Delivery terms are indicated in the offer document, order confirmation, delivery note, and invoice.
HIDRAMATIC delivers in terms EXW (Ex Works) or DAP, according to the Incoterms 2020.
5.1 EXW deliveries
In the case of EXW delivery, goods are delivered in our facilities, located at the following address:
HIDRAMATIC, SAU
Carrer de Violant d'Hongria Reina d'Aragó, 24-26, bajos izq.
08028 Barcelona, Spain
Deliveries are made during working days from 9:00 to 17:00, uninterrupted.
In the case of EXW delivery, the Customer organizes the transport of the goods, assuming the cost, responsibility, and management of the shipment. The Customer will send the transport labels that must be stuck on the package. The carrier must identify the collection with HIDRAMATIC delivery note number.
In the case of EXW delivery, any applicable tariffs or import taxes are to be paid by the receiver of the goods.
5.2 DAP deliveries
In the case of DAP delivery, the goods are delivered to the address indicated in the offer document.
The price for the DAP delivery service is specifically indicated in the offer. If destination address or material quantity are modified, HIDRAMATIC reserves the right to modify the price for the DAP delivery service.
In the case of DAP delivery, HIDRAMATIC organizes the transport of the goods, assuming shipment management and responsibility.
In the case of DAP delivery, any applicable tariffs or import taxes are to be paid by the receiver of the goods.
HIDRAMATIC will not be liable when errors or delays in deliveries are due to causes beyond its control.
6. PAYMENT TERMS
Valid payment terms are indicated in the offer document, order confirmation, and invoice.
Any alternative payment terms must be specifically accepted in writing by HIDRAMATIC.
Payment can be made by credit card in the PAYMENT AREA at https://www.hidramatic.com (secured server) or by direct bank transfer. All bank charges are to be covered by the payer.
The bank transfer must be made to the IBAN account number indicated in the offer, proforma invoice, and official invoice.
For both credit card and bank transfer, payment will be considered made as soon as the full amount has been received.
It is important that payment is identified clearly with the payer's name, amount, and concept.
In order to generate the corresponding invoice, the Customer must inform its billing information.
7. WARRANTY
HIDRAMATIC offers the specific warranty of each manufacturer. For details regarding the warranty period and specific terms for a particular manufacturer, please contact us at [email protected].
Warranty does not cover damages caused by negligence or wrong use of the supplied products.
Warranty does not cover wear and tear due to normal use of the supplied products.
Warranty does not cover products, which have been modified or altered by the Customer or a third party.
To make a warranty claim, it is compulsory to keep the official invoice or delivery note from HIDRAMATIC.
7.1 Claims for defective products
Only claims within the warranty period will be considered.
The Customer will ship the product affected by the claim to HIDRAMATIC with prepaid freight.
Upon receipt, HIDRAMATIC will inspect the returned product and, if necessary, will send it to the manufacturer for evaluation to determine if the defect is covered under the warranty.
In the case a manufacturing defect is confirmed, the Customer will be offered the following options:
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Repair of the product, if feasible.
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Replacement of the product with a new one.
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Refund of the product's amount by the same method used in the order.
HIDRAMATIC will not accept any financial penalty, nor the charging of repair or replacement costs, nor any other non-quality costs, in the event of a claim for defective products.
HIDRAMATIC is also not liable for any material, immaterial, or personal damages that may result from defective products.
If the manufacturer determines that the product is not defective from origin, the claim will be denied, and the Customer will be responsible for all inspection costs.
8. ORDER CHANGES AND CANCELLATIONS
Once an order has begun production or has been shipped from our warehouse, it cannot be changed or cancelled. HIDRAMATIC will deliver the order as originally confirmed.
9. RETURN POLICY
9.1 Special products manufactured upon order
Returns are not accepted.
9.2 Standard stock products
Returns are not accepted for products that have been used or installed.
Customers have 30 days from the date on the delivery note to request a return. Returns will not be accepted after this period. All returns are subject to the following penalties:
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1-14 days after the date on the delivery note: 15% of invoiced amount.
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15-30 days after the date on the delivery note: 30% of invoiced amount.
Customers are responsible for shipping the returned product to HIDRAMATIC with prepaid freight.
Upon receipt, HIDRAMATIC will inspect the returned product. If the product is in perfect condition (same condition as when it was delivered), the Customer will receive a credit note for the product amount less the applicable penalty. Refund will be made with the same payment method used for the original order.
10. CUSTOMER RESPONSABILITIES
Customers must use HIDRAMATIC's products and services lawfully, in compliance with all applicable laws and regulations, and without infringing on the rights or interests of others.
Customers are responsible for ensuring the accuracy and truthfulness of all information provided to HIDRAMATIC, whether through web forms, email, telephone, or other means. Customers will be liable for any damages caused to HIDRAMATIC due to false or inaccurate information.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Spain. Any disputes arising from the interpretation or enforcement of these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.