I. GENERAL DISPOSITIONS
a) The acceptance of the offer includes the acceptance of the following conditions, and any alteration, variation, deviation of them or added to them will affect or force the seller, unless it´s agreed in writing.
b) The acceptance of the offer must be accompanied by sufficient information, including that related to the drawings of the parts to be manufactured, the issuance of licenses and/or import licenses (if any), to enable the seller to proceed immediately with the order. If not, MOLDTECH will be free to amend the offer prices to cover any increase or decrease in the cost that has taken place after acceptance, as a result of the lack of supply of the information required. Any established letter of credit shall be varied accordingly.
c) In cases where an offer has not been made, it must be understood however that the acceptance of any order by MOLDTECH is subject to the aforementioned conditions.
d) If the purchaser’s order contains conditions, it is understood that these conditions will not govern this agreement in any way and that the order is accepted subject only to the conditions mentioned in this Document. This will apply even if MOLDTECH knows them or does not contradict them expressly, unless their validity is explicitly approved in writing.
e) MOLDTECH reserves the right to subcontract the manufacture in whole or in part.
f) Unless it is withdrawn before, the offer is open for acceptance within the time limit stated therein or, where no term is mentioned, within 15 days of the date thereof.
Orders received and accepted by MOLDTECH will not be subject to total or partial cancellation without the written consent of MOLDTECH. In the event of such consent MOLDTECH reserves the right to make a cancellation fee if it believes that it is fair, reasonable or necessary to do.
The verification and final examination at the place of manufacture of MOLDTECH may be made, if desired, in the presence of the buyer’s representative without any additional charge if this buyer´s representative be at the manufacture place after notification to the purchaser. If the product is required to be examined during the manufacture by an external authority, the corresponding expenses will be charged as an extra charge unless such examinations have been specified and included in the price.
In any case, it will be clearly understood that these checks and tests should not delay the progress of the manufacturing work.
If MOLDTECH does not receive shipping instructions with the purchaser’s order within 14 days of notification to the buyer that the products are ready for delivery:
a) MOLDTECH will withdraw the products for storage until the buyer can accept the delivery and charge the buyer as an extra the net costs of transport and storage of the products.
b) Products will be considered as issued 14 days After MOLDTECH has notified the buyer that they are ready for delivery and then the terms of payment clause will be applicable in respect of such products.
a) The delivery will be made FCA Moldtech unless otherwise agreed in the offer.
b) Where a deadline for delivery and/or finalization is specified, all efforts shall be made to satisfy the same, but no liability shall be attributed to the seller for delay in delivery or termination
VI. ORDER OF ASSEMBLY IN SITE
The delivery will be FCA unless it is contrary to the established. The standard offer of MOLDTECH does not include the order of installation on site. In case of agreement, The order will be subject to the following conditions: In case of hiring the order will be subject to the following conditions
a) If it is necessary to do civil works for the installation of the equipment, the client must have carried out these tasks before the arrival of the technicians to the final destination.
b) MOLDTECH will send the customer a list of all the necessary tools to install the equipment and perform the initial production tests.
c) MOLDTECH will send the technicians for the installation and the production tests, previous confirmation of the previous points.
d) During the installation, the client will provide the following services:
- Local transportation, accommodation and maintenance for the technicians of MOLDTECH;
- Machines, tools and supplies needed for installation and testing of equipment production;
- Support staff who are previously agreed.
e) MOLDTECH will carry out all the tests that are necessary to ensure that the equipment works correctly. Likewise, they will carry out a production test manufacturing a concrete element in each equipment. Once this production test has been carried out satisfactorily, the client will sign the final reception of the equipment. If the customer fails to provide services previously pronounced and as a result it is not possible to perform the test, it will be considered performed and the client will sign the receipt of the equipment and start of the guarantee period.
f) If the customer fails to provide the means and services previously pronounced and as a result the installation is delayed, MOLDTECH will be able to pass on to the customer the expenses caused by said delay.
The performance established in the offer will be indicative, in view of the numerous factors outside the control of MOLDTECH regarding the performance of its products.
VIII. FACILITIES AND AUXILIARY SERVICES
The equipment supplied by MOLDTECH may require specific installations that must be executed by the customer as a previous step to the shipment and assembly of said equipment. For each case, MOLDTECH will specify the customer the installation needs of each equipment. The client must provide the auxiliary facilities that may include as a guide:
1) Compressed air installation: the customer must have their own compressed air installation when the machines operate with pneumatic vibration, with sufficient pressure for the correct functioning of the vibrators and with a contribution of flow in relation to the number of vibrators that they wish to act simultaneously.
2) Heating system for molds: when the machines incorporate non-electric heating systems, the customer must have their own heat production facility.
3) Electrical installation: the client must have an electrical installation with the necessary characteristics for the correct and safe operation of the machines with electrical installation.
1) MOLDTECH guarantees the correct functioning of this equipment against any manufacturing, for twelve months, from the date of signature of the receipt certificate. This commitment of guarantee does not imply on the part of MOLDTECH a maintenance commitment that does not respond to manufacturing defects
2) MOLDTECH will not be responsible for damages resulting from improper use of the equipment supplied, the end user is solely responsible. In case of using the equipment for purposes other than the MOLDTECH specifications, for another type of operation and / or other type of material, the manufacturer’s consent is necessary.
3) MOLDTECH will replace any part or component that MOLDTECH recognizes as defective, which must be replaced only as a result of defective materials and manufacturing and discovered within twelve months from the signing of the receipt.
4) For the purposes of this condition, the date of issue will be when the product leaves the factory of MOLDTECH.
1) Written notice of any defect is given as soon as it is discovered and is not made or attempted to be repaired or replaced in any other way than by MOLDTECH, or with his express written authorization.
2) All materials and components supplied by subcontractors will carry the subcontractor’s warranty, beyond which MOLDTECH does not accept any responsibility.
3) Except for the supply of the replaced component, MOLDTECH will not be responsible and the buyer undertakes by this contract to indemnify MOLDTECH against any civil liability filed against MOLDTECH under Civil Law or under any Statute, Regulation or Order from a Competent Authority regarding any claim, loss, damage or expense directly or indirectly due to, caused by or as a result of the existence or occurrence of any such defect or for any personal injury or property damage attributable to it.
4) This warranty and commitment replaces and excludes any other guarantees, conditions, rights and civil responsibilities, whatever they may be, whether expressed or implied, statutory or otherwise, which may exist if this stipulation does not apply.
5) All MOLDTECH responsibility is subject to the terms of payment, strictly observing all other obligations of the buyer to MOLDTECH under this contract
X. PRICE VARIATIONS
Once the validity period of the offer expires, MOLDTECH reserves the right to modify the price of the equipment and services offered.
XI. PAYEMENT TERMS
The payment terms are those declared in the MOLDTECH offer. All payments must be made in full, no discount or deduction being allowed unless otherwise agreed. MOLDTECH reserves the right to apply a 3% interest above the current interest rate.
XII. REFERENCES AND ILLUSTRATIONS
a) All descriptive specifications and those related to transport, plans and details about the dimensions presented together with the offer are estimated only, and with the descriptions and illustrations contained in catalogs, price lists and other advertising materials, it is merely intended to present an idea of the equipment described in them and none of those materials is part of the contract. They should not be considered in any case as complementary contractual information on the quality of the products.
b) All plans and designs and other information presented in connection with the offer or any contract that may arise from it are the property of MOLDTECH and are subject to it retrieval at all times; they are presented in a strictly confidential way and for the sole purpose of the offer, the contract and the subsequent maintenance of the equipment; none of the plans or designs or written material, or any part of the information contained in them or otherwise may be provided, copied or otherwise communicated to third parties, nor may any use be made of them except for the purpose of the offer, the contract and the subsequent day-to-day maintenance of the equipment.
XIII. FORCE MAJEURE
This will consider those events or circumstances that could not be foreseen or foreseen but that cannot be avoided, such as war, military mobilization, fire, sea damage or acts of nature, strikes, lockouts or any other type of labor conflicts. MOLDTECH is not responsible for the costs and delays arising from acts of force majeure. MOLDTECH in these cases reserves the right to terminate the contract unilaterally.
The buyer guarantees that any design or instructions given by him will not cause the violation of any patent grant, registered design or registered trademark in the execution of the buyer’s order and indemnify the seller against all costs and damages that may arise from the breach of this guarantee.
XV. LEGAL APPLICATION AND INTERPRETATION
c) The contract and these conditions will be subject to Spanish legislation.
d) The titles of these conditions will not affect its legal application.