General sales conditions
1. Scope of application
These general conditions of sale will apply to all contractual relationships between Tubos y Aceros Inoxidables S.L. (hereinafter TAINOX) and the buyers of its products. The conditions proposed by the buyer in the order or in any other document will only be understood as incorporated into the sales contract when they have been expressly accepted in writing by TAINOX.
2. Offer and acceptance
If nothing else is provided in the offer itself, TAINOX offers will remain in force for a period of 7 calendar days from the date of issue. Notwithstanding the foregoing, TAINOX may revoke its offers at any time before receiving acceptance from the buyer.
The products will comply with the agreed specifications. If specifications have not been agreed, the products will comply with the general specifications applicable to products of the same genre sold by TAINOX on the delivery dates. The information about the product that appears in manuals, web pages, price lists or any other information about the products will only be binding if express reference is made to them in the offer or in the contract.
The agreed delivery date means the date on which the goods are expected to be ready for departure from TAINOX facilities. TAINOX is empowered to make partial deliveries. If a specific delivery date has not been agreed, delivery will be made in accordance with TAINOX logistics planning.
TAINOX will not be liable to the buyer for direct or indirect damages or for the harmful consequences of delayed delivery. If the quantity of product sold is determined according to its weight, the agreed weight will be considered as approximate and the quantity to be supplied may be adjusted by TAINOX for the total order of each type of product / class of material, and the price will be adjusted according to it corresponds. The weight of the product indicated by TAINOX in printed form or in other supplies will be presumed correct, unless proven otherwise.
5. Defective products and product faults
- The products supplied will be free of any vice or defect. The products will only be considered defective if they do not meet the expressly agreed specifications for each particular delivery, or failing that, if the products do not meet the general TAINOX specifications applicable on the delivery date. TAINOX is not responsible for the misuse of the supplied products that do not meet the specifications required by the client and by the product itself.
- If the products present any defect or defect in quantity or quality, the buyer must notify TAINOX in writing within the periods provided for in article 336 of the commercial code, and in the case of hidden defects or defects that are not Reasonably detectable upon receipt of the merchandise, the buyer must notify TAINOX of the defect in writing within 15 days from the date of delivery of the products. After the aforementioned deadlines, the claims will not be valid. Likewise, they will be invalid if the buyer had introduced any modification in the delivered product.
TAINOX will never be responsible for the work of third parties or any other expense that may be imputed, any claim must be explicitly resolved by Tainox.
- Any action related to the sanitation of the products must be cited within three months from the exposure or delivery of the goods, without prejudice to the claims or protests that the buyer must make pursuant to the previous section
6. Force majeure
None of the parties will be responsible for the delay in the execution or the non-execution of their obligations that result from events or circumstances beyond their control such as labor disputes, commercial disputes, denial of licenses, exception made as regards the above circumstances are consequence of a breach of the party invoking it.
7. Reservation of title
TAINOX reserves the property of the delivered goods until the buyer has paid their price in full. Until ownership of the products has been transferred to the buyer, TAINOX will have the right to regain possession and control of the goods. The buyer assigns to TAINOX the credit rights derived from the sale of any new good or product not paid to TAINOX, in the proportion corresponding to the amounts owed by the buyer.
8. Limitation of liability
Without prejudice to the provisions of these General Conditions of Sale or to what has been expressly agreed to the contrary, TAINOX will in no case be liable for damages such as incidental, indirect, consequential losses, or economic damages or intangible assets with loss of profit, loss of profit, loss of production or waste production or damages derived from claims from the buyer's customers.
However, this exclusion does not apply in cases of gross negligence or willful conduct of Tainox.
The total or partial nullity of 1 or more clauses of these general conditions will not affect the validity of the contract, neither of the remaining clauses nor of the rest of the affected clause in case of partial nullity. The clause that is totally or partially null will be replaced by a clause whose economic result is as similar as possible to the result intended by the null clause
TAINOX is governed by the legal jurisdiction of the Community of Madrid.