TERMS AND CONDITIONS
For supply, installation and repair of equipment by Dahlberg S.A
- Object of these Terms and Conditions, their field of application and place of jurisdiction:
- Dahlberg S.A deals with supply, installation and repair of nautical electronic equipment, marine sanitation, sale and inspection of life rafts of the brand Duarry and official after sales service of the represented brands.
- The present Terms and Conditions are aimed to regulate the provision of services, sales and supply of equipment and materials by DAHLBERG S.A for their Clients.
- Any commercial conditions requested by the Client will be applied only after prior, written confirmation by DAHLBERG S.A
- With express waiver of any other jurisdicción that may apply, the parties accept the Courts of Palma de Mallorca for the resolution of any disputes that may arise from interpretation, application or compliance of the contracts for provision of services and supply of materials between DAHLBERG S.A and their clients, or of the present Terms and Conditions.
- Quotations and orders
- The quotations from DAHLBERG S.A are not intended to be binding before a confirmation from the Client.
- Any confirmations or orders, whether referring to provision of services, sales or supply of equipment or materials, require a written confirmation both from DAHLBERG S.A and the Client to be legally binding. Same requirement applies to any addition, modification or additional agreement. In case of immediate deliveries, an invoice can substitute the referred written confirmation.
- The services provided by DAHLBERG S.A for their Clients are detailed in the reports compiled by the technicians of DAHLBERG S.A, copies of which are always handed to the Client.
- The technicians of DAHLBERG S.A are not authorized to formalize verbal agreements or warrantees that exceed the present Terms and Conditions.
- If a Client makes an order exceeding the agreed credit limit, DAHLBERG S.A is not obliged to provide the ordered service.
- When making an order, the Client is obliged to pay the first instalment and a deposit. DAHLBERG S.A will return the instalment and deposit only when for reasons outside their control the price of the order increases and the client does not accept the increase, making the the contract null and void. In like manner, DAHLBERG S.A returns the instalment and deposit when provision of the service or supply of the material is not possible due to reasons attributable exclusively to DAHLBERG S.A.
Except when specifically agreed otherwise, the prices offered by DAHLBERG S.A do not include the following: packaging, transport, insurance during transport, VAT and other applicable taxes nor interest for deferred payments.
- Delivery terms
- The delivery terms and dates are not binding, except when otherwise agreed in writing. The delivery terms given by DAHLBERG S.A are dependant on the correct and timely reception at DAHLBERG S.A of the goods from the suppliers and manufacturers.
- DAHLBERG S.A is not responsible for delays in deliveries due to force majeure or other unforeseen circumstances not attributable to DAHLBERG S.A. The following cases, among others, constitute force majeure or other unforeseen circumstances: war or similar conflicts, official actions, non-issue of transit , import or export licences, national trade limitations, strikes, lock outs, bankruptcies, and any kind of problems or interruptions in transport, whether they affect DAHLBERG S.A or their suppliers or subcontractors. In such cases, the delivery date will be postponed by a time period equal to the interruption plus a reasonable additional period to allow DAHLBERG S.A to reinitiate its activity.
- DAHLBERG S.A can do partial deliveries of goods and/or services. Every delivery, even when partial, is an independent transaction.
- Delay in reception of the good by the Client
- If the Client delays the reception of the goods ordered from DAHLBERG S.A, the company can store them on account and risk of the Client, being able to contract the services of a transport or storage provider. It is considered a delay when the Client hasn´t taken charge of the goods within a week of being informed that they are available.
- If, due to a delay attributable to the Client in taking charge of the goods, DAHLBERG S.A decides to terminate the contract, it can claim from the Client in proven damages 25% of the agreed sales price, or a higher quantity if the damages should exceed this percentage.
- Risk transfer
The risk is transferred to the Client the moment the goods are at his/her disposal.
- DAHLBERG S.A guarantees the services provided and the good supplied in case of any fault in installation, fabrication and/or materials. The warranty period, according to the following conditions, is six months for the services provided and for the rest of the goods the same period as provided by supplier of the goods to DAHLBERG S.A, always according to the current regulations.
- In any event, in warranty issues the valid legislation is always applied.
- The warranty period starts running when the risk is transferred. The warranty will become null and void in such cases where the defects stem from the following causes: non-compliance of the instructions of use and service, modifications of the product and/or use of spare parts that don´t comply with the specifications of the originals. Small variation of colour, measurements and/or other characteristics of quality or function are not object of warranty.
- DAHLBERG S.A does not take responsibility for normal wear and tear of certain parts and components.
- The right to claim warranty-related services belongs exclusively, in a personal and non-transferable way to the Client as a direct purchaser of the goods.
- The present warranty rules out any other warranty claim, except in a case of gross misconduct or negligence by DAHLBERG S.A.
- The products sold by DAHLBERG S.A must be installed by authorized personnel of DAHLBERG S.A, or failing this, by an authorized distributor. Otherwise, DAHLBERG S.A will not accept responsibility for installations carried out.
- Retention of title
- The ownership of the goods is not considered transferred until the Client has paid in full, leaving the ownership of the goods in the meantime reserved for DAHLBERG S.A. The Client is obliged to insure the products sufficiently in favour of DAHLBERG S.A, against a risk of loss or damages in the event of non-acquisition of the goods.
- The Client can transfer or process the goods that are subject to retention of title, but only when not in arrears with payments. Under no circumstances can he pawn or pledge as a security the above mentioned goods.
- In case of processing or merger of the goods subject to retention of title, DAHLBERG S.A will acquire the ownership of the processed or merged goods in corresponding proportion of their value.
- According to the present Terms and Conditions, the Client surrenders in favour of DAHLBERG S.A any right to credit acquired by resale of the goods subject to retention of title. However, the Client can cash in the said credits in his name and on his account. This power will be revoked in case the Client falls into arrears with payments. If the goods have been processed or merged, the transfer is limited to the value of the goods subject to retention of title.
- The Client is obliged to notify DAHLBERG S.A without any delay of any embargo by a third party of the goods subject to retention of title.
- Should the Client fall in arrears with payments, or should in any other way not comply with the present clauses, DAHLBERG S.A is authorized to recover immediately all the goods sold to the Client, since the ownership would not have been transferred to the Client, who hereby authorizes DAHLBERG S.A and its employees to recover the goods. The claim or recovery of the goods by DAHLBERG S.A does not remove the responsibility from the Client to pay in full and to accept the cession of the goods and the right of DAHLBERG S.A to claim the payment in full.
- Payment terms
- After completion of the work and/or delivery of the materials, the invoices are to be paid either in cash (subject to the Law 7/2012 of 29th of October that regulates the cash payments), with credit/debit card or through a bank transfer if the Client doesn´t have a credit facility with DAHLBERG S.A. Furthermore, the parties can establish different credit conditions, credit verification of the Client allowing. Except when otherwise agreed, the goods are delivered freight collect, meaning charged to the Client, either through own transport or independent transport company. DAHLBERG S.A can apply any amount received from the Client towards any overdue, unpaid invoice. In such cases, the received amounts will be destined first of all to cover eventual costs and expenses, secondly to cover the principal debt, and thirdly, to cover the accrued interest. Should DAHLBERG S.A use this option, the Client is to be informed accordingly.
- The overdue, unpaid amounts will bear interest from the due date, corresponding to the official interest rate established by the annual Spanish State Budget plus two points.
- Should the buyer fall in arrears with payments, not comply with some of the obligations derived from the present Terms and Conditions or bankruptcy proceedings have been started either by himself of on behalf of a third party, all his obligations towards DAHLBERG S.A will be considered immediately due. In such cases, DAHLBERG S.A at its discretion can withhold any pending delivery of goods or demand appropriate guarantees, which will be communicated in a reliable manner.
- Assignment of credits
Without an express agreement from DAHLBERG S.A, the Client can not give, transmit or transfer to third parties any rights of credit he may have with DAHLBERG S.A.
The Client is indefinitely obliged not to disclose to others any commercial or business-related information considered confidential, that he, in accordance with the present contract, has obtained from or about DAHLBERG S.A.
- Data protection and storage
According to the Organic Law 15/1999 of the 13th of December on Protection of Personal Data (LOPDAT) and the Law 34/2002, of 11 of July 2002 on Information Society Services and Electronic Commerce, the following applies:
- The Client data will form a part of a file called CLIENTS, registered at The Spanish Data Protection Agency, property of DAHLBERG S.A with domicile in C. Gremi Passamaners 8, Nave 12, in the city of Palma de Mallorca (Balearic Islands). The file is used for the purposes of client management, quotations, invoicing and accounting.
- The Client can exercise his right of access, rectification, cancelation and objection according to the current legislation, by communicating it to DAHLBERG S.A.
- Similarly, in conformity with the contents of the Law 34/2002 of 11th of July on Information Society Services and Electronic Commerce, the Client expressly accepts to receive marketing communications and promotional material from DAHLBERG S.A by e-mail or by other electronic communication methods.
The re-export of goods outside the Spanish territory is subject to corresponding legislation of Europe, Spain, United States of America or any other that is applicable in the context. Re-export is not applicable without the necessary authorizations. The Client should specifically not infringe the so called “U.S. Export Administration Regulations”. The Client is obliged to study and obey the above mentioned normative as well as any other that may be applicable. The Client answers to DAHLBERG S.A regarding the compliance of the said obligation.
- Applicable Law
- The present Terms and Conditions, as well as any relationship between DAHLBERG S.A and the Client are subjected to Spanish laws and jurisdiction.
- In the case that one or several provisions of these Terms and Conditions are, or become invalid, inefficient or impossible to comply with, they will be automatically substituted by others which are as far as possible similar to the commercial purpose of the substituted stipulations. The validity and utility of the rest of the stipulations will stay unchanged.
- In addition, the Commercial Code, the Civil Code and other applicable laws apply to the present Terms and Conditions.
- Conditions related to technical service of DAHLBERG S.A
- All warranty services, modifications, and/or repairs of the goods delivered to the Client by DAHLBERG S.A have to be carried out by the Technical Service of DAHLBERG S.A.
- All material delivered by the Client to DAHLBERG S.A for repair or modification are considered delivered in perfect condition, except for what is manifested by the Client at the moment of delivery. The Client can request a revision of the condition of the material before the delivery to the workshop. If any material is handed over with undeclared defects by the Client, DAHLBERG S.A will not take responsibility for their repair.
- The lead times depend on the Client´s place on the waiting list and a timely delivery of spare parts by the manufacturers and suppliers, these waiting periods not giving any reason for the Client to lodge a claim. DAHLBERG S.A can give an estimated delivery date or inform about the progress of the repair on request of the Client.
- Place of performance of the obligation
- The present Terms and Conditions, as well as any relationship between DAHLBERG S.A and the Client will be governed by and subjected to Spanish legislation.
- The place of performance of the obligations derived from the present Terms and Conditions is the business address of DAHLBERG S.A.
- With express waiver of any place of jurisdiction that may correspond them, the parties accept the Courts and Tribunals of Palma de Mallorca for settlement of any litigious matters that may affect the interpretation, application and compliance of the present Terms and Conditions, and of contracts that govern the provision of services and supply of materials between DAHLBERG S.A and their clients.
Returns of products bought by the client, despite functioning correctly, adjust to the following rules:
- The return is not accepted in case the order has been made specifically for the client, and he has been previously informed of this
- The packs are indivisible, therefore partial returns are not accepted
- The admittance of return is subject to prior inspection of the material by qualified personnel of DAHLBERG S.A
- The returned goods must be properly packed in their original packaging, undamaged and unsealed, marked clearly with the number of return and forwarded with the transport paid to following address:
Gremi Passamaners 8, Nave 12
Poligono de Son Rossinyol
07009 Palma de Mallorca, Baleares
- To accept the said return, DAHLBERG S.A reserves the right to apply a reduction of the credited amount by 20% of the applied sales price. The goods will not be accepted if they show signs of deterioration or incorrect use, or have lost their market value due to time passed, in which cases the goods will not be refunded.
- The refund will not be returned to the Client, he/she can only opt to change the material or have the refund as a credit on account for future operations.
- Reception of the goods
At the reception of the goods it is essential to indicate in the delivery note, before signing it for the carrier, of any imperfections or signs of incidents in the packaging, and imperative to communicate such incidents to DAHLBERG S.A within 24 h from the reception of the goods.