Our General Conditions of Sale are an integral part of our quotation. They are applicable to any order of our products, with the possible inclusion of modifications which the parties concerned may formulate through express and written agreement.
Our quotations are without commitments and are to be understood as net prices, in the specified currency without taxes, for merchandise located in our factory.
An order may not be cancelled once it has been accepted by IESA, unless by written agreement. Non-acceptance of the merchandise by the customer will not be an exemption from payment.
Any indication of the quantity sold must be considered as approximate, the vendor being able to deliver 5% more or less quantities (in the prices and conditions of the contract in question).
The prices of our products are based on the daily market prices of raw materials, welfare expenses and energy. As a result, our prices may be changed at the time of delivery, should there be changes in the aforesaid factors, for the price lists are conditioned to the maintenance of the said costs.
When an import or export operation is carried out in euros, in the event of a change of parity of the euro in relation to the currency of the other country, the price must be modified in the same proportion as the proportion of the exchange rate.
Moulds and tooling – When the execution of moulds or special tooling is necessary, the price which is shown for these is only a part (less than 50%) of the true cost: the tool or mould will be for the exclusive use of the customer, but it will remain in the hands of IESA, which reserves the ownership thereof, so that they may not be removed from our factory.
The delivery times are given as indication. Passing these dates may only give place to cancellation, penalties or claims for damage if these have been stipulated and accepted at the time of the order.
The merchandise travels at the risk of the consignee, even if sold free to destination. The information on delivery notes, despatch notes etc. serves as documentary evidence of the amounts sent. The customer should therefore check the merchandise on arrival in order to retain any rights against the carrier, mentioning the damage in the transport delivery document.
Guarantees – IESA, is responsible to see that the product complies with the specifications requested in the enquiry order and is within the tolerance according to the standards applicable, and furnishes its guarantee, in this sense, up to the maximum limit of the value of the product , accepting no other responsibilities distinct from this. Except that it is specified in the offer and accepted by IESA. Clear and exact specifications are expressly requested as to the work to be done by the product, so as to avoid failures through incorrect definition of the operations to be covered. There are various solutions for each application. For this reason express definition is requested of the specification or standards required or the working conditions which it is wished to cover, for the purpose of giving the best value possible for money.
In the case of damage caused to the merchandise, recourse must be sought against the carrier, our responsibility being terminated at the moment of the delivery to the transport company.
Claims must be made within 8 days of reception of the merchandise in order to admitted; it is essential to give the number and date of the invoice for any claim. After this time, except for express agreement, we accept no responsibility.
Returns must be made carriage paid to our address and will only be admitted after mutual agreement prior to the return.
When the purchaser’s credit has deteriorated, we reserve the right, even after partial despatch of some materials, or the commencement of works, to demand from purchaser such guarantees as we deem appropriate with a view of the good execution of the undertaking given. If the purchaser refuses to satisfy this right, we are entitled to cancel all or part of the undertaking.
Unless otherwise provided for, our invoices are payable at sixty days from invoice date, net and without discount. Any amount not paid at the due date will bear an interest with all the rights conferred by law and without previous notice from the due date, at 20% per annum.
Any payment not made at the due also makes any amounts owed demandable, whatever may be the payment conditions agreed previously. Our agents and representatives are not empowered to collect sums due for invoices, except under express stipulation.
Unless otherwise agreed, the taxes indicated in the invoices are always for the account of the customer.
Only receipts issued by the Company are valid for settlement. In the event of a bill being returned or a draft being referred to the drawer after acceptance of the invoice, the Company reserves the right to require immediate payment in full of the total amount due, to suspend the carrying out of any uncompleted contract until the payment of the indebted amount is made, or to rescind the said contracts for the amounts outstanding for delivery and claim damages as appropriate.
The following are considered as causes of cancellation or interruption of the undertakings if they occur after formalization of the contract and hold up its execution: labour conflicts and any other circumstance, such as fire, mobilisation, requisition, embargo, insurrection, lack of supplies, restrictions in the use of energy, etc.
The party suffering the circumstance set out above shall advise the other party without delay. Any motive of those above expressed cancels both our responsibility and that of the purchaser.
Unless otherwise provided for, transport cost are for the account of the customer. All the packing cases must be returned to our address, free of charge and in good condition.
The fact of dealing with us and coming to an agreement implies formal acceptance of our conditions of sale.
The party contracting with us renounces formally any general or special condition of purchase or sale with may figure in a printed letter form or in documents with he may have used.
The merchandise will continue to be the property of the vendor until the amounts due are fully paid by the purchaser, even in the case where the materials have already been used.
Legal competence – Any sale is normally made and paid for in Izarra.
Any litigation caused by contracts completed with our customers shall be submitted to the competence of the Vitoria Courts, the parties renouncing any other jurisdiction to which they may be entitled.