Conditions of sale Charmex SA

DEFINITIONS
From now on, all references to the "COMPANY" will refer to the company CHARMEX SA with CIF A-43080852. Any reference to the "CUSTOMER" will refer to any NATURAL, LEGAL or INSTITUTION person with the capacity to contract the supply of equipment and/or services to the COMPANY. The "PRODUCT or PRODUCTS" shall refer to any equipment, device or service purchased by the CUSTOMER from the COMPANY.

GENERALITIES
These General Conditions of Sale cancel the previous edited conditions and are applicable to all sales made by the COMPANY, with headquarters at C/ Venezuela 35 08019 Barcelona, and CIF A-43080852.

The fact of placing an order with the COMPANY implies knowledge and acceptance of the General Conditions detailed in this document, these being fully applicable, unless derogated in writing by the COMPANY.

In the hypothetical case of difference between the Conditions of Sale defined by the COMPANY and the Conditions of Purchase defined by the CUSTOMER, the former will prevail and be of preferential application, and those of the CUSTOMER will be null and void, unless it has been previously communicated and agreed in writing by both parties.

The trade names of all PRODUCTS supplied by the COMPANY must not be altered, modified, or falsified.

PURCHASE PRICES
The COMPANY makes available to the CUSTOMER a list of PRODUCTS with their Rate Prices, which correspond to the standard and general purchasing conditions. Its validity is annual or until the issuance of another list of Rate Prices that cancels the previous one.

The detailed Rate Prices are before taxes, for order shipping dates within the validity of each price list and for the merchandise placed in our warehouses, except in case of prior negotiation or different conditions specified in the quote sent to the CUSTOMER. .

The Rate Price lists may be modified at any time, notifying fifteen calendar days in advance of the date of application.

Any type of INSTALLATION, START-UP, TRAINING, TRAVELING, DIETS or any other concept that is NOT explicitly reflected in them is EXCLUDED in ALL OFFERS.

TAXES
The corresponding taxes will be applied according to the legislation in force at all times.

ORDERS
Only those received via email (with the CUSTOMER's tax information, attached file, pdf or Doc, stamp or signature, quote or offer) will be accepted as firm orders, at the addresses specified in this document in the SUPPORT AND section. CUSTOMER MANAGEMENT.

Orders received by the COMPANY will always be considered accepted by the purchasing company, CUSTOMER (issuer of the order), so that the order will be shipped and billed.

In the event that the order valued by the CUSTOMER does not exactly match the stipulated conditions, it will be communicated for modification or cancellation.

The PRODUCTS will always be supplied in complete packaging units.

Orders that have already been delivered cannot be expanded or modified and, therefore, extensions or modifications will be considered new orders for all purposes. Orders that have already been placed cannot be canceled, except for stockable material or after private negotiation with the COMPANY.

Specific conditions regarding the cancellation of orders:
Yo. For PRODUCTS normally stocked by the COMPANY, the cancellation of an order already shipped will imply that the CUSTOMER bears the transportation costs derived from both shipping and its return to our warehouses.

ii. For unstocked PRODUCTS or special production, in the case of cancellation of the order, both the finished PRODUCTS and those in the process of manufacturing will be supplied and invoiced, except after specific negotiation with the CUSTOMER.

For orders of non-stockable PRODUCT, the COMPANY will request a firm order from the CUSTOMER and, as the case may be, an advance payment of the amount thereof.

The purchase and sale operation, regardless of the place of delivery of the merchandise, is understood to be completed at the registered office of the COMPANY. Consequently, both parties accept the jurisdiction of the Courts and Tribunals of Barcelona, waiving their own jurisdiction and domicile.

The money orders received or any other payment method are nothing more than a means to facilitate it and do not change its address, which is established in Barcelona for all legal purposes.

DELIVERY TIMES
The delivery times provided by the COMPANY are for information purposes, although adjusted to the actual manufacturing and transportation times. But due to the possible appearance of unforeseen events beyond the control of the COMPANY such as delays in production, causes of force majeure such as strikes, accidents, etc., no penalties will be accepted due to delays in deliveries.

MATERIAL DELIVERY
The COMPANY delivers the merchandise to its own warehouse located at 35 Venezuela Street in Barcelona, except in the following cases:

Yo. Shipping of material with freight collect to the delivery point defined by the CUSTOMER (goods on truck on site in the case of large air treatment equipment). The merchandise will always be delivered at street level.

ii. Shipping of material with postage paid to the CLIENT's sales center in the cases defined in the following SHIPPING AND SHIPPING section.

Except in those cases previously agreed upon, the material will never be delivered to third parties.

When receiving the merchandise, the date, time and recipient must be recorded on the delivery note of the material provided by the carrier, mentioning any discrepancies that may appear. If no discrepancy is noted, it will be understood that the CUSTOMER has received the merchandise in the desired conditions.

SHIPPING AND SHIPPING
There is no minimum amount for the management, preparation and shipping of an order.

The minimum amount for shipping the merchandise postage paid is €700.00.

The merchandise sent freight collect at the CUSTOMER's request will be sent through one of the transports selected by the CUSTOMER.
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The merchandise will travel at the expense and risk of the buyer even if it is sent carriage paid.

OWNERSHIP OF MATERIALS
All material invoiced by the COMPANY to the CLIENT will be the property of the COMPANY as long as the COMPANY has not paid 100% of the amount, authorizing it to recover it in the event of not satisfying the payment in the agreed terms and dates and without disregard of the recovery actions that are undertaken through the courts or through our insurer in order to compensate the COMPANY for the loss of value of used material, late payment interest or any other damage or loss caused by the CUSTOMER.

PAYMENTS
For new CUSTOMERS, prior to delivery of the material, a report will be requested from the credit insurance company with which the COMPANY works, in order to know the viability of the sale and collection operation. The risk associated with each CUSTOMER will be that insured by the aforementioned insurance company. In the event that the risk assigned to the CUSTOMER is exceeded, the following operations must be carried out with advance payment.

At the same time, in the event that the credit insurance company rejects the risk request for the CUSTOMER, the material will be provided with prior advance payment.

As a general rule, the first order of each new CUSTOMER will be paid in advance, before the delivery of the material.

The credit payment conditions will be those agreed individually with each CUSTOMER, always within the legal limits existing at any given time.

RETURNS
Returns must always be authorized by the COMPANY. Return requests must be communicated in writing to the COMPANY using the established protocol.

If the return is accepted, a document will be sent to authorize the return, which must be attached to the shipment. The minimum requirements to meet to continue with the acceptance management are:

Yo. Indicate delivery note or invoice number of the material

ii. Perfect condition of the material, with its original packaging and interior documentation

iii. Age of delivery of the material in the purchase less than 6 months

iv. Shipping of material with shipping paid by the CUSTOMER.

v. Document indicating the reason for the return

After 2 days of receipt of the material by the CUSTOMER, claims for damage and/or loss due to transportation will not be accepted.

The maximum period for any other type of claim will be 10 days from the date of delivery of the material.

CLAIMS
For claims relating to equipment damage due to transport, they must be made to the transport agency immediately, detailing the damage on the delivery note if the damage is visible, or within a maximum period of 2 days if the defect appears. inside the packaging. It is important to inform the COMPANY about the situation to collaborate in resolving the claim.

GUARANTEE
All PRODUCTS supplied by the COMPANY have a 2-year warranty in the peninsula and the Balearic Islands, provided that their storage, transportation, installation, use and maintenance have been appropriate, in accordance with current applicable standards, as well as with the instructions. of use and work limits defined for the PRODUCT in question.

The guarantee will lose its effect due to breakdowns caused as a result of improper use, excluding any liability of the COMPANY for possible damages and/or losses, direct or indirect, derived from the material or its use.

COVERAGE
It will cover any manufacturing defect, as long as our equipment is installed, maintained according to regulations and used under normal conditions in accordance with the specifications of our Catalogs and Manuals.

COVERAGE EXCLUSIONS
Expendable and/or replacement materials included in preventive maintenance.

Functional defects or breakages of parts and components not attributable to the COMPANY.

The labor and trips to the installation that are caused for the start-up, review, rearming and/or adjustment of security or any other intervention, whether or not there is a breakdown or failure in the equipment.

Expenses caused by difficult access to equipment, necessary auxiliary means or for the replacement of defective parts.

Damage caused by lack of maintenance.

Defects due to transportation or handling.

Parts and components that have not been originally assembled in the factory or, failing that, by authorized personnel of the COMPANY's Technical Assistance Service.

Corrosion of equipment due to its exposure to aggressive environments, due to the effect of ice, fire or any extraordinary cause.

Damage caused by equipment operating with faulty voltage, improper connection to the electrical network or generating set.

PROCEDURES
Request for Technical Assistance to the equipment installed on site, the CLIENT must send in writing in detail the reasons and failures of the equipment for which such assistance is required or
the defective part in case of replacement, under warranty, as well as the data corresponding to the equipment and/or installation, and informing of the safety means necessary in the installation.

In the case of Start-up included, it will be necessary to complete the Previous Document.

During the technical assistance to the installation by the COMPANY, it is mandatory that the CLIENT present, to facilitate access, the necessary means and operate or act on the installation when necessary.

The work to be carried out during the Technical Assistance is conditional on compliance by our staff with the Occupational Risk Prevention Standards.

The equipment, facilities, accesses and/or any other circumstances that do not depend on our staff and make it impossible to comply with the Prevention Rules, will cause the work to be stopped, and the expenses caused by this circumstance will be borne by our CLIENT.

CONDITIONS
It is required that the payment of the invoice corresponding to the equipment has been attended to within the agreed period.

Existence of a failure or replacement of a spare part attributable to the COMPANY, and accepted by our Technical Service.

Correct installation, use and maintenance of the equipment, applying the regulations in force.

Equipment that has not been modified or manipulated by people other than the COMPANY.

All liability that may arise from any event not expressly included in this warranty is declined. Likewise, all liability is declined for damage to people or things that may be caused by an anomaly in the installation of the equipment.

Acceptance of these warranty conditions implies acceptance of these warranty conditions. No modification of these conditions is accepted, unless agreed by both parties, CUSTOMER and COMPANY, before the assistance or order is provided.

DOMAIN RESERVATION
The reservation of ownership of the material will be in favor of the COMPANY until the CUSTOMER has made full payment for the PRODUCTS purchased. Without prejudice to what is mentioned in the previous paragraph, the expenses caused by the deterioration or destruction of material supplied by the COMPANY from the moment of its delivery are borne by the CUSTOMER.

If there is no discrepancy, it will be understood that the CUSTOMER has received the merchandise in the desired conditions.

CUSTOMER SERVICE AND SUPPORT
The contacts for CUSTOMER service and attention are indicated below:

Material orders:
T. 93.303.44.06 orders@charmex.info

Requests for quotations and technical queries:
T. 93.303.44.06 tecnico@charmex.info

Technical assistance:
T.93.303.44.06 sat@charmex.info

Administration and returns:
T.93.303.44.06 clima@charmex.info

PARTICULAR CONDITIONS OF THE CANARY ISLANDS, CEUTA AND MELILLA
Material orders that must be served to the Canary Islands, Ceuta and Melilla, will be served in the COMPANY's warehouse (Ex Works) or at the address specified by the CUSTOMER within the national peninsular territory. Shipping costs will be due, regardless of their amount, except in the case of prior negotiation.

The guarantee will cover the amount of the parts necessary for the repair, provided that the COMPANY receives the defective parts, with the CUSTOMER responsible for the labor.

In the event that the CLIENT requires the repair of the equipment on site, the COMPANY will economically assess the costs of travel, overnight stays and subsistence allowances. If the repair is under warranty, labor or replaced parts will not be billed.

The rest of the conditions are invariable with respect to the general conditions of sale defined above.

SPECIAL EXPORT CONDITIONS
Material orders that must be served outside the national territory (Portugal, Andorra, France, etc.) will be served in the COMPANY's warehouse (Ex Works) or at the address specified by the CUSTOMER within the national peninsular territory. Shipping costs will be due, regardless of their amount, except in the case of prior negotiation. If the delivery point is nationwide, the minimum order amount for shipping to be paid will be €700.00.

For each CUSTOMER, prior to the delivery of the material, a report will be requested from the credit insurance company with which the COMPANY works, in order to know the viability of the sale and collection operation. The risk associated with each CUSTOMER will be that insured by the aforementioned insurance company. In the event that the risk assigned to the CUSTOMER is exceeded, the following operations must be carried out with advance payment.

The first order of each new CUSTOMER will be paid in advance, before the delivery of the material.

At the same time, in the event that the credit insurance company rejects the risk request for the CUSTOMER, the material will be provided under advance payment.

The credit payment conditions will be those agreed individually with each CUSTOMER, a maximum period of 30 days.

The support and service to the CUSTOMER will be carried out in Spanish, except in those cases in which it is not possible and from time to time it can be carried out in English.

At the same time, the technical documentation of the equipment will be available in Spanish and English, as well as in French if the CLIENT so wishes.

The guarantee will cover the amount of the parts necessary for the repair, provided that the COMPANY receives the defective parts, with the CUSTOMER responsible for the labor. The warranty will be 1 year.