SALES GENERAL CONDITIONS
1. ACCEPTANCE.- Customers, by making a purchase at Blumaq S.A., accept the present sales general conditions which are shown in the moment of the purchase at every sales establishment of Blumaq S.A.; something that is not listed or specified in these conditions shall be subject to the Law 3/2004 of 29th of December.
2. ACCOUNT OPENING.- Customers, before granting a credit purchase, must negotiate an agreement on Sales Particular Conditions. It will be concluded by the signature of a sales agreement that will be returned it to our offices with Customers’ signature. Blumaq S.A. reserves the right to assign to clients a credit limit of supply.
3. PRICE.- The price of our offers does not include transport charges or payment taxes. Its validity period is of fifteen days.
4. DELIVERY.- Quality or quantity incidences observed on the boxes by the client at the reception of the material must be specified in writing on the transport delivery note and report it to Blumaq S.A. within 24 hours of reception.
5. CLAIMS.- Disagreement claims because of possible errors in the reception of the material will not been admitted after fifteen days from the acquisition.
6. SALES RETURN.- Customers should comply with the following established requirement in order to return any supplied material. The requirements have to be accomplished in this order:
a) Customers have to contact with their business partner to obtain the return authorization together with the corresponding RMA (Return Merchandise Authorization). Customers have to specify: (1) the references and quantities intended to return, (2) the number of delivery notes or invoices in which appears that material, and (3) the reasons why they return it.
b) The number of the RMA, previously given by their business partner, has to appear clearly identified on the boxes of the shipment. Returns have to be done within ten days after the acquisition of the RMA.
c) Supplied goods have not been acquired by Blumaq S.A. specifically for the Customer on an express request of the latter.
d) Return shipment has to be paid by the client.
The returns that are not an error or an incidence attributable to Blumaq S.A. will suffer a surcharge of a 5% of the sales price due to handling, storage and administrative charges with a minimum of 25 Euros. That surcharge will be deducted from the credit note together with the transport charges or any other cost supported by Blumaq S.A. while processing the return. The goods must be in perfect conditions, with its original packaging and without having been handling in order to be credited. If not, the goods will be available for the Customer at our warehouses for a maximum period of six months from their reception. After that period, the goods will become property of Blumaq S.A.
7. GUARANTEE.- New Products sold by Blumaq S.A. have a limited guarantee of six months from the delivery date against all manufacturing defects provided that they have been used under normal conditions and they have not been the subject of changes or alterations unauthorized. Blumaq S.A shall be informed immediately about any suspicion of malfunctioning of the products before doing any manipulation or dismantling. This is the first and essential condition in order to admit a guarantee claim. Blumaq S.A. reserves the right to carry out any necessary test or analysis before the acceptance or refusal of a claim.
Returns of material with presumption of guarantee, where necessary, will be subjected to the same rules specified in 6. Sales Return, excluding c) and d).
Guarantee claims, when admitted by Blumaq S.A., shall give the right to refund the Customer the money paid, or the replacement of defective parts which will be sent prepaid if the Customer opted for this. Blumaq S.A. is not required in any case to indemnify the Customer or third party for the consequences of the use of the products, whether direct or indirect damages to people or properties or any loss of benefits.
8. PAYMENT TERMS.- The due date and the payment method of invoices shall be established as agreed within the particular conditions of the account opening accepted by the Customer, and shall be indicated in each invoice. Customers shall pay in advance a 25% of the value of those orders which need an express previous acquisition on the part of Blumaq S.A. to its supplier. That advanced payment would be irrecoverable if the order was cancelled subsequently by the Customer. The nonpayment of the total or part of an expired invoice shall produce an accrued interest for the period of delay computed from the next day of the due date at the rate applicable under the law 3/2004 of the 29th of December. In addition, it shall carry the advancement of the rest of the maturity dates and the immediate enforceability for all the debt.
Overdue or unpaid invoices will not admit any type of extension in the payment. Consequently, the only means of payment admitted in order to cancel those overdue or unpaid invoices will be cash payment (cash in hand, credit card, bank cheque, etc.) or bank transfer to the bank entity mentioned by Blumaq S.A. at the precise moment.
Blumaq S.A. will cease supplies to the Customer if any of the following circumstances occur:
a) Exceeding limits of the credit granted.
b) Any request of payment deferment.
c) The existence of an overdue or unpaid invoice.
d) Insolvency situation of the Customer.
9. RESERVATION OF TITLE.- As long as the Customer has not fulfilled each and every outstanding amount due to the purchase, material shall remain property of Blumaq S.A. with all inherent rights even to third parties whom should be warned expressly by the Customer about this condition.
10. DATA PROTECTION.- Blumaq commits itself to comply with the Organic Law 15/1999 on Personal Data Protection and its development regulations, RD 1720/2007, of December 13.