1.- TENDERS
KOOLAIR, S.L. tenders shall be valid for one (1) month, even when no effective date is stated, unless mutually agreed and clearly stated in the tender. The lead time of deliveries indicated are provided as guidelines only, and any commitment to a particular delivery date shall be acquired only upon formal receipt of an order. Nevertheless, these lead times of delivery are susceptible to variation, if after the initial order the customer makes modifications to quantities or dimensions this can lead to an increased delivery date.
2.- PRICES
Unless otherwise indicated, all prices shall be considered ex works Móstoles (Madrid, Spain), and do not include packing, carriage and taxes. Price list may be modified without prior notice, and are only guaranteed when the order is confirmed.
3.- TRANSPORT
The goods shall be transported at all times to the account and risk of the buyer, even in cases where KOOLAIR, S.L. has made the arrangements for transport. Under no circumstances will KOOLAIR, S.L. be held responsible for any loss or damage to the goods whilst in transit.
4.- INSURANCE
Once the transport is hired for the acquired goods, the buyer will sign insurance, at their own expense, in order to cover any eventualities whilst the good are in transit.
5.- LEAD TIMES OF DELIVERY
The lead times of delivery indicated on the order confirmations shall be mutually agreed. KOOLAIR, S.L. will not accept under any circumstances any penalty for delays, nor any losses or damages resulting from such cause.
6.- INVOICING AND PAYMENT CONDITIONS
In the case of part deliveries, KOOLAIR, S.L. will issue a separate invoice for each delivery. The payment terms and conditions shall be mutually agreed. On the assumption that for a partial or total price agrees to do the payment in instalments, KOOLAIR, S.L. reserves the right to demand to the buyer, in that case, the setting-up of reasonable guarantees to assure the payment of such price.
If the goods cannot be delivered for reasons beyond the control of KOOLAIR, S.L., the invoice shall be issued in accordance with the estimated date of delivery, allowing KOOLAIR, S.L. the faculty to collect storage charges from the buyer according to the delay in the delivery and volume of goods. The value of this charge shall be added to the conditions of the definitive order.
The payment terms and conditions applicable to a purchase order shall not imply tacit agreement with these conditions for future orders.
7.- WARRANTY
KOOLAIR, S.L. warrants its products for a period of two (2) years from the date of delivery of such products.
This warranty shall become null and void in the event of improper use, inadequate installation, or non-compliance with legal regulations.
Warranty coverage requires that all goods supplied must be checked at the time the goods are received at the place of delivery.
In the case of components not manufactured by KOOLAIR, S.L., such as electric motors, regulators, fan, motors etc, KOOLAIR, S.L. will transfer the warranty it receives from the manufacturer of such components.
A signature of the shipping note without notes shall imply acceptance of the goods with regard to both dimension and finish.
8.- CANCELLATIONS
In the event of cancellation by the buyer without just cause, the buyer shall pay to KOOLAIR, S.L. all expenses incurred, as well as any claims for damages that shall be opened.
9.- HIRE PURCHASE AND RETENTION OF OWNERSHIP
KOOLAIR, S.L. retains full ownership of all goods pending collection, with such goods considered to be surrendered in consignment. Ownership will not be transferred to the buyer until full settlement of the debt contracted within the stipulated term.
10.- JURISDICTION
In the event of litigation or incident regarding the interpretation or performance of this agreement, the parties hereto with express waiver of their own jurisdiction, expressly acknowledge the jurisdiction and applicable law of the courts of Madrid.