Terms of Sale
Applicability
These Terms of Sale and Delivery (hereinafter referred to as “the Conditions”) shall apply to all sales and deliveries made by TESS Canarias (hereinafter referred to as “TESS Canarias”), unless otherwise explicitly agreed in writing.
The particular conditions or specific requirements established by the Buyer, such as general conditions of purchase, purchase orders or confirmation letters, will not be binding on TESS Canarias unless expressly accepted in writing by TESS Canarias.
Product Information
The illustrations, dimensions, weights and other descriptions provided in the catalogues, brochures and promotional materials of TESS Canarias and its suppliers are for illustrative purposes only and shall not be deemed binding, unless explicitly mentioned in the purchase agreement.
Advice
Any advice provided by TESS Canarias, which is not directly related to the products purchased, should be considered as guidance only and will not impose any liability on TESS Canarias as an advisor.
In the event that TESS Canarias provides advice to the Buyer on the suitability of certain solutions for specific problems, including the preparation of plans, specifications or other related information, such advice will not be binding and TESS Canarias will not be liable as an advisor. Liability will only be assumed if TESS Canarias has invoiced for specific consulting services.
Offers
All offers issued by TESS Canarias are made without obligation and are subject to prior sale, unless explicitly stated otherwise.
The prices indicated in the offers are valid at the time of issue; however, TESS Canarias reserves the right to adjust such prices based on the rates applicable at the time of delivery, including additional charges, unless expressly stated otherwise in the offer.
For imported products, the exchange rate between the euro and the supplier’s currency will be applied on the day of delivery, unless otherwise stated. If the exchange rate has varied by more than 2% since the date of the order, TESS Canarias reserves the right to adjust the price accordingly.
All prices quoted are exclusive of VAT and are subject to changes in customs duties, taxes and other public levies.
Orders
A binding sales contract shall only be deemed to have been concluded upon the issuance of a written order confirmation by TESS Canarias or at the time of delivery of the goods, whichever occurs first.
Delivery dates are indicative and non-binding, unless expressly agreed in writing. Delivery times are always subject to force majeure, events and other circumstances beyond the control of TESS Canarias.
A delay in delivery shall not entitle the Buyer to claim compensation or to terminate the contract of sale.
Delivery
All deliveries are made to the commercial facilities of TESS Canarias, in accordance with the agreed Incoterms unless a delivery to another location is agreed in writing.
Shipowner
The cost of shipping is at the Buyer’s own risk. In the event of an agreement between TESS Canarias and the buyer, TESS Canarias will be responsible for the management of the shipment, reserving the exclusive right to select both the carrier and the most appropriate method of transport.
TESS Canarias will not be responsible for any damage during transport, which must be communicated directly to the carrier.
Packing
The cost of packaging is not included in the price of the goods and will be charged separately.
Returns
The return of goods may be accepted free of charge, subject to prior written agreement, provided that the goods are unused and in their original packaging.
Returned items will be credited with a maximum of 80% of the purchase price.
Payment
Unless otherwise agreed, payment is due upon delivery.
In the event of late payment, TESS Canarias is entitled to charge interest on the amount due, at the rate specified in the invoice.
Defects and Claims
The Buyer is obliged to inspect the goods immediately upon receipt to ensure that they are free of defects.
Any claims regarding defects or discrepancies in the quantity of the goods must be made within 8 days of receipt.
In the event that defects or discrepancies in the quantity are discovered, TESS Canarias will make available to you:
– Replace defective goods at no cost to the Buyer
– Correct the defect or error at no cost to the Buyer,
– Offer the Buyer a proportional discount on the purchase price
– Prove the defective goods, provided that they are returned at the expense of the Buyer.
Liability for errors and omissions
TESS Canarias will be liable for any defects in the design, workmanship or materials used in the goods for a period of 12 months from the date of delivery.
TESS Canarias is obliged to correct defects arising from problems of design, manufacture or materials.
TESS Canarias will not be responsible for defects resulting from incorrect installation, faulty maintenance or treatment that does not comply with TESS Canarias’ instructions.
In no event shall TESS Canarias be liable for indirect damages, operational losses, costs related to the removal and shipment of defective goods, or any other indirect costs to the Buyer.
Product liability
In accordance with applicable mandatory laws, the following applies to TESS Canarias’ product liability.
TESS Canarias will not be liable for personal injury or property damage caused by the goods supplied, unless it is proven that the damage was the result of intent or gross negligence on the part of TESS Canarias or other persons for whom TESS Canarias is liable.
TESS Canarias will not be liable for economic losses, including operating losses, loss of profits or other indirect losses.
In the event that TESS Canarias is liable for claims related to the third-party product, the Buyer agrees to indemnify TESS Canarias to the extent of the limitations of liability described herein.
If a third party brings a claim relating to product liability against either party, that party shall promptly notify the other party.
The liability of TESS Canarias under liability for defective products shall not exceed, in any case, €100,000.
Special conditions
Any deviation from these Terms and Conditions of Sale and Delivery must be explicitly agreed in writing.
If special conditions are included in the offer, they will apply, without prejudice to any differences with respect to these Terms of Sale and Delivery.
Personal data
TESS Canarias collects and processes certain personal data for the purpose of conducting its business. TESS Canarias undertakes to guarantee adequate protection and processing of all personal data received. Personal data is collected solely for business purposes and in full compliance with applicable data protection laws.
Governing Law and Jurisdiction
Any dispute arising under or in connection with these Terms shall be governed exclusively by the jurisdiction of the Spanish courts. However, TESS Canarias reserves the right to initiate legal action against the Buyer in the Buyer’s home jurisdiction.
All disputes between the parties shall be resolved in accordance with Spanish law, with exclusive reference to the jurisdiction of the Spanish courts. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
