GENERAL SALE CONDITIONS (1) · WARRANTYINDICE1. The customer accepts these terms when ordering to GESPASA - TOT COMERCIAL SA.The prices are EX WORKS. The prices are valid except any typing mistake and canbe modifi ed without prior notice because of the market fl uctuations or other causes.2. All the orders must be made by writing: via fax, letter or email.3. When placing an order the fi rst time, fi ll in the following customer’s card:CUSTOMER’S CARDVAT no.NameAddressCityZIP codeProvinceContact personTel.FaxE-mailBANK DATABankBIC/SWIFTIBAN no.Payment dayWebPRIVACY POLICYBy this it is stated that, according to what it is said in the current law of Personal Data Protection, your personal data will belong to TOT COMERCIAL SA, located in Partida Hortad’Amunt, s/n · 25600 BALAGUER (Lleida) and VAT no. A25031154 in order to contact with you to answer your request. They are not used to automatically take a decision or createprofi les.In no case they will be transferred to third parties and they will be kept in the company while your request is handled.We inform you it is possible to exercise your rights of access, rectifi cation, cancellation and opposition by writing to TOT COMERCIAL SA · Apartado de Correos nº 149 – 25600Balaguer (Lleida) or to email: lopd@gespasa.es, always attaching your ID of VAT number (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016).CONSIGNMENT · TRANSPORT1. The goods always travel by customer’s charge, either through its own forwardingagent or our forwarding agent with the prices accepted by the customer. In thislast case, the goods will be sent to the customer’s address, and the amount willbe charged to the invoice.2. It is essential to check the goods when you receive them. If there is any fault, you mustimmediately complain to the transport agency.All the quality and/or amount complaint must be in writing within the following THREEDAYS at the equipment reception. You have to clearly state the claim reason. WE DO NOTACCEPT THE CLAIMS OUT OF THE MENTIONED TERM. The goods travel at customer’sown risk3. We will not accept the goods devolution or change if it does not fulfi l the followingconditions:a) You have to notify the claim reason by writing and accepted by GESPASA - TOTCOMERCIAL SA. The goods have to be sent freight paid.b) The returned products must be in the current catalogue. We will not accept productswhich are not in it.c) We will pay the same amount as the invoice, discounting the expenses on checking,paint, repacking. These expenses are the minimum cost of 21% for the product value.The credits will be cancelled in future purchases.4. The DELIVERY TERMS will be only as information; they are not cause of indemnitybecause of delivery delays.5. TOT COMERCIAL SA has the RESERVATION OF TITLE (ROT) of the customer’s goodsuntil its payment is fulfi lled by the buyer. The reservation of title would end when thecustomer pays the total amount as well as interests or other expenses that may begenerated. The customer cannot have at their disposal the goods under any title withoutprior seller’s authorization. The customer is obliged to its conservation, answering for anydamage that can be caused even those ones beyond their control.PAYMENT1. LATE PAYMENT: The default of any of the stipulated payments as well as the unfulfi lmentof the above clause of RESERVATION OF TITLE will entitle the seller to demand the wholedebt and remove the sent or installed goods beyond a simple notarial request, withoutany need of a judicial order, endorsing the amount received as downpayment, for legaldamages.2. JURISDICTION: The courts of Lleida (Spain) will have exclusive jurisdiction to adjudicateany dispute arising under or in connection with these SALE TERMS; the buyer expresslywaives the right of their own jurisdiction.WARRANTY1. All the products manufactured by TOT COMERCIAL SA have a WARRANTY of 12 (twelve)months from the purchase date, against any manufacturing defect.2. TOT COMERCIAL SA guarantees, into the warranty period, the defective part or productchange or devolution. This equipment has to be sent at prepaid freight to our factory orany designated technical service. After our technical checking, we will decide whetherthe responsibility belongs to the manufacturer, the user, the installer or the transportagency.3. The warranty does not cover: the inadequate use, the negligence, the abuse, thecorrosion, the handling, the natural wear or the wrong product installation, a use of nonoriginalspare-parts or not concerning to the specifi c pattern. All the kits manufacturedand/or commercialized by TOT COMERCIAL SA have to be installed, used and maintainedaccording to the instructions given by the manufacturer.4. The accessories and products like valves, hoses, electrovalves, electric motors etc notmanufactured by TOT COMERCIAL SA are liable to their original manufacturer’s warranty.5. Because of the constant innovations and development, TOT COMERCIAL SA reservesthe right to change/alter the specifi cations of its products and publicity without priornotifi cation.SIGNATURE AND STAMP126
ORDER SHEET MODELDATECOMPANY NAMEFor your own convenience, fi ll this order sheet. Send it by fax oremail.We will answer your request as soon as possible.*If it is your fi rst order, do not forget to fi ll the CUTOMER’s card.+34 (9)73 448 400+34(9)73 451 072gespasa@gespasa.eswww.gespasa.esCONTACT PERSONADDRESSCITYPROVINCEPHONEE-MAILWEBFAXCODE QUANTITY DESCRIPTION UNIT PRICE % DISCOUNT AMOUNTFreight prepaid EX WORKS Forwarding companyREMARKSTOT COMERCIAL SA commits to maintain these data under the maximum confi dentiality accroding to the L.O. 15/99. The aim of these data is only for commercialisation and publicity; these will not be delivered to third parties.The owner can consult, modify and/or cancel by writing the company TOT COMERCIAL SA Apdo. de correos 149 · 25600 Balaguer (Lleida) · Spain.127
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