AD Caucho 2010, S.L's General Conditions of Sales

These General Conditions of Sales govern the sale of the Seller's products.

The Purchaser will fully accept all conditions. These prevail on any conditions of purchase of the Purchaser.

The Seller can update and/or modify the General Conditions of Sale's contents at any time and without notification. We recommend the Purchaser to check it regularly.

Choice of product

The Purchaser is the only one responsible for the choice of the product and the use he wants to do with. Consequently, and in conformity with catalogues, prices and/or general information about the product, the Seller is not responsible and does not guarantee that the product is appropriate for the technical use provided for by the Purchaser. The Seller also does not guarantee that the product achieves, totally or partially, the aims provided for by the Purchaser at the moment of the purchase of the product.

Transfer of risk

Unless otherwise specified, the transfer of the goods' risk from the Seller to the Purchaser occurs when the goods arrive at the destination indicated by the Purchaser, or when the goods are available to be recovered for or by the Purchaser. Risks are also transferred if the Purchaser decides to postpone the removal of his goods.

If the Purchaser notices missing or damaged goods during the transport, he can express reservations on the documents presented by the transporter, on receiving those goods. These reservations will have to be confirmed to the transporter by registered letter with recorded delivery, within three working days after the delivery date.

Delivery

Delivery period begins to run with the date of the confirmation of the order, and are only indicative. The Purchaser can not claim for compensation in case of delay in delivery.

If the removal of goods is the responsibility of the Purchaser and that after its providing the latter does not come to pick it up, the Seller can stock it and, after he got on to the Purchaser, the Seller can decide to deliver or sell the goods by way of compensation, at the cost and risk of the Purchaser. In case of delivery by instalments and if the Purchaser persists in not picking up the goods, the Seller can cancel the contract, cancelling by that way the rest of the ongoing order.

If for some internal reasons the production has to be temporarily suspended or reduced, the realization of the order can be temporary reported proportionally to the stop time. But under no circumstances the concerned parties can use it to cancel the order, except force majeure.

Force majeure

The Seller shall not be liable for the delay in case of unforeseen and unavoidable events in the production or delivery of the goods, and if it persists more than a month, he will be able to cancel the orders, without obligation to compensate the Purchaser. Events like strikes, lack of transport, accidents within the company or fires, and more generally, all facts beyond the Seller's control are considered force majeure.

Complaints

Only e-mail and mail complaints will be accepted. The complaints times are:

• Five days as from the goods' delivery at the place indicated by the Purchaser, in case of obvious uncompliance between the goods ordered and delivered.
• Before being used and no later than ten days as from the goods' delivery at the place indicated by the Purchaser, when the defects can not be noticed with an ordinary review or an elementary check.
• Without delay, or no later than two months as from the goods' delivery at the place indicated by the Purchaser, when the defects can only be noticed with a comprehensive review, a test or the installation of the goods into the machine.

The already delivered and transformed part of the goods can not be subject to claims. In all cases, at least 90% of the goods subjected to claims have to be available, intact and perfectly identifiable. The defect notification of a part of the goods do not free the Purchaser to pay, within the time limits, all the goods. He can not refuse the goods either.

Prices and payment terms

Value added tax are not included in the products prices but are applicable at any time. Unless otherwise specified and written into a agreement between the two parties:

• The prices indicated in the quotation are exclusive of tax and for the quantity quoted.
• The payment in cash is to be made against the handing over of the goods.
• The place of payment in cash is the Seller's address.

Payment times

The indicated prices are calculated in Euro (€) and are for payment in cash. In case of payment by instalments established in the Contract, a non-payment will lead to the advance maturity of the entire debt.

In the same way, in case of payment and delivery by instalments, the non-payment of the delivery shall entitle the Seller to express reservations for future deliveries. Still for the payment by instalments, waiving the first payment does not permit the Purchaser to come back to his order. However, in case the order is cancelled for personal reasons, the advances already made remain Seller's property, by way of damages for the harm.

In case of Purchaser's bankruptcy, compulsory liquidation or receivership and, more generally, any change in the Purchaser legal status that impairs his solvency, the Seller shall require the immediate payment of the goods debts already delivered but still unpaid.

Delay in payment

If the Purchaser fails to make payment by due date, he shall pay to the Seller the statutory interest rate applied to commercial debts published in the Spanish Boletín Oficial del Estado.

In case of Purchaser's non-payment within eight days after the Seller demand, the latter can require the immediate payment of all the unpaid invoices, and a prepayment of future deliveries corresponding to registered orders.

In case of Purchaser's credit and/or solvency deterioration, just as delay in payment, the Seller shall demand a personal or real guarantee, or require the orders' prepayment. In every case, if it is about orders that have to be prepared, the Seller shall suspend its implementation or execution, until the Purchaser provides a personal or real guarantee, or failing that prepays the goods.

If the Purchaser does not comply with the provisions above, the Seller shall decline the order, cancel the contract and claim damages.

Property reserve

The ownership of the goods will be transferred from the Seller to the Purchaser only on completion of the entire payment of these goods.

Until its complete payment, the goods can not be pledged, given as security and can not infringe in any way on any third party rights. The goods can only be sold in usual trading terms.

As long as the goods ownership has not been transferred to the Purchaser, the delivered goods maintenance costs are assumed by the latter. The Purchaser will have to insure it against theft, fire, water, etc. and will have to prove it to the Seller if the latter asks for it.

Privacy policy

Personal data provided by the Purchaser through forms, online information requests, products and services orders, or any other mean will be registered into the Seller's customer database. The same goes for data collected in delay in payment and heritage solvency common files, or any other legitimate means.

AD Caucho 2010, S.L guarantees that measures have been taken to manage confidentially data and so it can not be modified, lost, processed, and to prevent somebody to access it without authorization, in accordance with the law in force. The Purchaser has the right to access, modify or delete the data he provided to the Seller, through a mail written to AD Caucho 2010 S.L, C/ Santa María, 95-B, 08911 Badalona, España, or through the online “Contact” form.

Data provided can be used by the Seller to communicate events, bargains and news by e-mail to the Purchaser. As soon as the Purchaser provides his e-mail address for the first time to the Seller, he can declare not to want receiving that kind of information.

Applicable law and jurisdiction

These General Conditions of Sale are regulated by the Spanish law.

Both parties agree that in case of dispute concerning the application and interpretation of the present contract, regardless of its nature, it shall be referred to the exclusive jurisdiction of the Seller, that is to say the city of Barcelona. However, the Seller can refer a matter to the court of the Purchaser's competent jurisdiction.