General warranty

Conva: General warranty

General Conditions of Sale of EXCLUSIVAS CONFORT VALLÉS, S.L. hereinafter CONVA:

1.- Location

Unless otherwise agreed by CONVA in the order confirmation, the place of performance of all contractual obligations shall be Rubí (Barcelona – Spain), and the delivery of goods shall be made at CONVA’s warehouse.

2.- Delivery time

The delivery period shall commence as soon as the order is confirmed by CONVA, the Buyer’s necessary technical documents have fully reached CONVA, the agreed payments and guarantees are given and the required official permits are granted. The delivery period shall be considered completed when the delivery is ready for dispatch at the agreed place. The delivery time will be reasonably extended if reasons beyond CONVA’s control and control prevent compliance with the delivery date. Furthermore, the delivery period shall be extended if the Buyer changes the original order or falls behind in its contractual obligations, especially if the Buyer has delayed delivery of the necessary documents or has delayed the agreed payments.

3.- Price

All prices are to be considered in EUROS. Prices could be revised in the event of major changes in raw material costs. Such modification shall be communicated no less than 5 days prior to its implementation. The prices do not include taxes, duties or other charges, whether of a general or special nature, which shall be borne by the Buyer, unless otherwise agreed in writing, taking into account the Incoterms that may be applicable and/or the conditions of delivery of goods.

4.- Form of payment

Agreed payment dates shall be met by Buyer, without any deduction, set-off or withholding of payment by Buyer being permitted, even if transportation or delivery is delayed due to reasons beyond CONVA’s control. If CONVA deems it appropriate due to the financial position of the Buyer, it may request such guarantees as it deems necessary to ensure due performance of the Buyer’s contractual obligations, and may in the meantime suspend deliveries. In the event that a surety bond is required, the text of the same must conform to the model that CONVA will provide for this purpose.

5.- Shipments

Shipping costs

  • Carriage paid in Peninsula and Balearic Islands (except Formentera) for orders over 400 €.
  • For orders not exceeding 200 €, a charge of 26 € for postage and packaging will be added to the invoice.
  1. For orders between 200 € and 400 €, 18 € charge on invoice for postage and packing.
  • When the customer is in charge of the transport, for orders under 400€, a minimum charge of 10€ will be invoiced or 16€ if the goods are palletized.
  • Deliveries to individuals in the Balearic Islands, for orders under 400 € price per shipment 39 €, for orders over 400 € price per shipment 26 €.

The carrier will always leave the goods at street level. Changes of delivery address, once the goods have left the factory, will be subject to an additional charge and must always be authorized by CONVA.

6.- Acceptance of the goods

The Buyer shall check and carry out the recognition of the consignments, as to quality and quantity, at the very act of delivery. Once the shipments have been reviewed and acknowledged, they shall be deemed accepted by the Buyer, and the Buyer waives any claim. Likewise, the Buyer shall have a period of 24 hours to report any hidden defects or defects in the shipments, after which the Buyer shall lose any action and right to claim for this cause against CONVA. With respect to claims relating to the use, sale or distribution of products sold or delivered, individually or in combination with other products or packaging, or any other claim relating to the contract, Buyer’s rights and CONVA’s liability shall be limited to the exchange of such products or refund of the purchase price, at CONVA’s option. The Buyer shall never have the right to return products that have been accepted or for which the time limit for reporting defects has expired. CONVA’s liability shall never exceed the value of the goods affected at the time of sale.

7.- Reservation of title

CONVA shall remain the owner of all goods supplied until full receipt of the agreed payments. The Buyer authorizes CONVA to record its reservation of title in public records or files, and is obligated to provide any signature required for this purpose.

8.- Warranty

CONVA guarantees exclusively that on the date of delivery the products are in conformity with the agreed specifications. The products are sold without further warranties and without any promises by CONVA as to their processability, potential applications and marketability. CONVA shall be responsible for repairing or replacing any goods which, prior to expiration of the warranty period, prove to be unusable due to bad materials, defective design or poor workmanship. If a delivery remains defective despite repair or replacement, CONVA shall be entitled to take back the defective goods against reimbursement of the payments received. Excluded from CONVA’s warranty and liability are all deficiencies beyond its control, especially if it is as a result of normal wear and tear, false information from the Buyer, improper maintenance, failure to observe the operating instructions, use of any unsuitable material, influence of chemical or electrolytic action, etc. If the Buyer claims that a warranty in accordance with the technical specifications is not met, the warranty will only be valid if CONVA has the opportunity to prove that the warranted parameters are not met. The warranty by CONVA is subject to the timely fulfillment of the payment terms agreed with the Buyer.

9.- Damages

The customer’s warranty and liability claims are comprehensively covered by these conditions. In the absence of specific mandatory laws to the contrary, in no event shall the Buyer be entitled to contractual or extra-contractual claims for damages resulting from, but not limited to, loss of production, loss of use, loss of order, loss of profit and any other direct, indirect or consequential damages. CONVA is only liable to compensate the customer for the costs of remedying defects in the delivery itself.

10.- Limit of liability

CONVA’s prices are prepared and negotiated on the basis that its maximum legal liability will be limited. Clients have their own means of limiting risk, and duplicating them would be superfluous. CONVA is willing to negotiate higher liability limits, subject to a corresponding proportional price increase. Unless otherwise agreed, CONVA’s liability shall never exceed the value of the goods concerned at the time of sale. CONVA is released from any liability above this maximum, even if caused by its own negligence or breach of duty, except in the case of fraud on the part of CONVA.

11.- Patents

The sale of the goods by CONVA shall in no event convey any license under any patent relating to the products or their composition, and Buyer expressly assumes all risks of patent infringement by reason of their use or sale of production, singly or in combination with other materials or in any manufacturing operation in any process.

12.- Buyer’s default

In the event of non-performance or failure to timely or properly perform any of the Buyer’s obligations, as well as in the event of a declaration of bankruptcy, liquidation or dissolution of its company, CONVA shall be entitled to give notice of total or partial termination of the contract or suspension of its performance in whole or in part. This will be done by means of a reliable notification, without the need for further warning of non-compliance or judicial intervention, and without CONVA being liable for damages, without prejudice to any other rights CONVA may have. As soon as any of the above circumstances occur, all claims CONVA has against the Buyer shall become due and payable immediately. If the Buyer fails to make payment on time or in full, upon CONVA’s first demand, the unpaid products shall be returned by the Buyer. If such products are not returned by the Buyer, CONVA, without prejudice to its other rights and actions, shall be entitled to recover the products sold without further request, notice or judicial intervention.

13.- Force majeure

“Force Majeure” means for the purposes of this contract the existence of any contingency, circumstance or cause beyond the control of the party invoking it, including, but not limited to the following circumstances: imposition or submission to any law, regulation, decree, order or request of any authority (national, state, autonomous, provincial or municipal), confiscation, riot, war, riot, fire, flood, earthquake, storm, explosion, strike, lockout, machinery or factory shutdown, impossibility of obtaining raw materials, equipment, diesel fuel or transportation. If due to Force Majeure either party is unable to fulfill any obligation under this contract other than the payment of the price, such party shall be exonerated from its performance, provided that it notifies the other party indicating the beginning and nature of the situation of the Force Majeure. The party invoking Force Majeure shall send immediate notification upon termination of the cause for Force Majeure. CONVA shall not be liable to Buyer for any loss or damage arising from failure to perform or failure to perform its obligations on time or in full due to Force Majeure. This clause applies to CONVA and its plant, and to the Buyer and its plant. Notwithstanding the foregoing paragraphs of this Article, if Buyer is affected by Force Majeure, Buyer shall not be relieved of any of its obligations to accept and pay for shipments made prior to receipt by CONVA of Buyer’s notice of Force Majeure; nor may Buyer invoke Force Majeure to delay payment of amounts due. In the event of Force Majeure, CONVA shall have the right to distribute, as it deems reasonable, the quantities of useful products among its customers and its own requirements.

14.- Compensation

CONVA is entitled to set off any sums due to it from the Buyer (which in this respect is understood to mean all companies forming part of the same group as the Buyer), against any sums payable to the Buyer.

15.- Products

The purchaser and/or installer, given his knowledge and conditions of the installation site, shall be ultimately responsible for ensuring that the products are in accordance with the characteristics of the environment.

The Company reserves the right to change/modify any model during the season in which the tariff is in effect.

16.- Catalogs and documents

The data contained in catalogs and technical documents shall be binding only if explicitly stipulated as such in the catalogues and technical documents. All documents provided by CONVA to the Buyer shall be considered confidential and may not be transferred under any circumstances or for any reason whatsoever to third parties, nor copied or used without the prior written consent of CONVA. If the order is not placed, all catalogs and documents must be returned immediately to CONVA. measures to prevent their

17.- Confidentiality and Data Protection

In compliance with the provisions of Law 15/1999 of 13 December on the Protection of Personal Data, the personal data provided by the Buyer will be part of the file of customers of the Seller, whose purposes are the maintenance of the contractual relationship, control and management of sales and their corresponding collections. CONVA will treat such data with the utmost confidentiality, and undertakes not to use them for a purpose other than that for which they have been collected, as well as to keep them with due care to ensure their security and their alteration, loss, or unauthorized access. CONVAS undertakes to maintain professional secrecy with respect to the aforementioned personal data, even after the contractual relationship has ended. The Buyer authorizes CONVA to retain his data for a period of five years after completion of the contractual performance. The Purchaser has the possibility of exercising the rights of access, rectification, cancellation and opposition by sending a written communication to the attention of the Data Protection Officer at the address:

EXCLUSIVAS CONFORT VALLÉS, S.L. – CONVA, Avda Antoni Gaudi, nº 57-61, Pol. Ind. Rubi Sud. 08191 Rubí (Barcelona – Spain)

18.- Separability

These terms and conditions shall be deemed severable, and if any of them should be invalid for any reason whatsoever, the remainder shall remain valid with full force and effect.

19.- Language

In case of discrepancy between texts in Spanish and texts in any other language related to the sale of the goods, the Spanish text shall prevail.

20.- Charter

This relationship shall be governed by Spanish law, the parties expressly waive any other forum or jurisdiction to which they may be entitled and agree to submit to the courts of Barcelona any difference or dispute arising from the validity, interpretation, compliance or enforcement of the General Conditions of Sale.

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