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General Sales Conditions

OBJECT OF THE CONTRACT

Almarin Equipos y Servicios Portuarios, S.L. (hereinafter referred to as ALMARIN) sells to the BUYER the materials specified in the particular conditions of the sales confirmations and / or delivery notes and / or invoices issued.

ACCESSION

Except for a special and written agreement, any order made to ALMARIN implies, by right, on the part of the client, their adherence to the general conditions of sale that are set out below. And all this despite any contrary clause that may appear in the general conditions of purchase of the Client, and whatever the moment in which these conditions have been made known to ALMARIN.

PRICE

The price will bind ALMARIN when it has issued the acceptance letter admitting the customer's order. The price is net, so it must be increased in accordance with the VAT that is applicable at all times. The buyer will make the payment in accordance with the particular conditions of the sales confirmations and / or delivery notes and / or invoices issued by ALMARIN. Prices are established taking into account: taxes, customs duties, exchange rates and legislation in force; the cost of materials, wages and transportation; regulations on capital movement; all of this in force on the date of the proposal. In the event of any variation that influences the cost of the materials, ALMARIN will have the right to increase the price.

PAYMENT

Payment terms cannot be delayed or modified. Nor may any discount be applied to the payment made under any pretext, even if it is contentious. Failure to pay the stipulated price, whether total or partial, will accrue a default interest of 2% per month on the legal interest of the current money, which will be computed from the day on which said price must have been paid until the date of your cash payment. In the event of non-payment, the deliveries that are eventually pending will be suspended by right until the full payment of all the amounts owed with the corresponding late-payment interest and rights is made. Likewise, in the event of delays in payment, ALMARIN will be empowered to postpone the delivery time of the equipment, however, the client cannot use this circumstance to delay payments. The buyer will be responsible for and charged to the buyer for all expenses incurred by ALMARIN as a result of the efforts to collect amounts owed to it, such as, among others, professional lawyer and bank fees. Failure to pay the cost in the stipulated time will in any case mean the loss of any discounts that may have been offered for prompt payment.

TITLE RESERVATION CLAUSE

The merchandise remains the property of the seller until full payment of the price by the buyer.

DESIGNS

The descriptions and illustrations contained in brochures and / or other means of advertising of the seller only represent a generic image of the merchandise and are excluded from the contract, unless otherwise indicated, which must be expressly stated.

PROJECT

The seller will execute the projects based on information provided by the buyer, being their responsibility for their accuracy. ALMARIN will not accept any responsibility for damages resulting from the poor adaptability of the merchandise to the premises.

DELIVERY TIMES

The delivery will take place at the ALMARIN facilities. It will be understood that the seller has delivered the merchandise when it has made it available to the buyer, transferring the risk to the buyer from that moment. The delivery times mentioned in the acceptance of orders are indicative, but not mandatory. Any delay in delivery, if it does not exceed two months, cannot justify the refusal to accept the delivery of an order, nor the cancellation of the order, nor the claim of any compensation for damages and / or interests. Orders are considered fully executed when the materials delivered correspond to those that have been contractually established. In the event that circumstances occur directly related to the work to be carried out by ALMARIN, but not attributable to it, that prevent it from starting, developing or finishing the contracted work or supply, the initially agreed delivery period will not be binding on ALMARIN, and It must be computed from the moment in which the circumstances allow the seller to perform the service.

TRANSPORTATION AND INSURANCE

Unless expressly agreed otherwise, which will be duly specified in the particular conditions of the sales confirmations and / or delivery notes and / or invoices issued, the cost of insuring the merchandise, as well as that of its transportation to the place of delivery will always be at the buyer's expense. The costs of unloading the material at the place of delivery will always be borne by the buyer.

INSTALLATION

In the event that special conditions, if any, include assembly in the buyer's premises, the following conditions must be met: The buyer shall have convenient access to the premises where the merchandise must be installed, with sufficient width and space for allow the use of cranes, trucks or other necessary material. The buyer shall allow the seller to carry out the assembly without interruption during the latter's working hours. In the event that the above conditions are not met, the seller may terminate the contract or increase the stipulated price.

WARRANTIES AND MAINTENANCE

Without prejudice to what is stipulated in the following clauses, the guarantee period of the merchandise in terms of the adequacy of its structure and materials for the purpose for which they are intended is twelve months. This guarantee does not contemplate breakdowns or deterioration of the components of the merchandise, since they are intended for permanent use, liable to cause rapid wear and tear and depreciation and unpredictable verification over time. The buyer must ensure the proper functioning of the components through inspections and preventive maintenance thereof, to be carried out at least twice a year. The buyer must maintain a stock of parts and have technically qualified personnel for the maintenance of deteriorated equipment. Our technicians will give adequate training to the aforementioned personnel, at the time of the assembly of the equipment. The aforementioned guarantee will not be valid if the constant parameters of the descriptive memory and the technical documentation attached to the merchandise are not respected or exceeded. Buyer's discrepancies that are the result of damage to the materials being sold must be recorded in writing on the delivery note, and sent in the same way to ALMARIN within a maximum period of seven days after delivery. Otherwise, it will be considered that they have been received to the satisfaction of the buyer. Claims that do not meet these requirements will not be accepted or paid. ALMARIN will not be responsible for any alterations, deterioration and damage that the material sold may suffer as a result of its incorrect handling, use or placement by the buyer.

EXPORT

In the case of international sales, the rules of the Incoterms in force at that time will be applicable and the sale price must be guaranteed by an irrevocable letter of credit under the conditions expressly agreed upon.

JURISDICTION AND COMPETENCE

Both parties, expressly waiving any jurisdiction that may correspond to them, agree to submit their discrepancies in the fulfillment and interpretation of this contract to the jurisdiction of the Courts and Tribunals of Barcelona.