GENERAL CONDITIONS – The acceptance of our offers implies the agreement of the parts with the supply and sales general conditions stated below, exception made for against expressed conditions.
SETUDIES AND PROJECTS – TARNOS. S.A. remains in possession of the intellectual property of projects, studies, etc. sent to the customer. These ones can not be transferred to third parties nor be used with other aims without its expressed authorization and must be given back if asked for.
The data in our catalogues are marely indicative and can be changed without warning. Any order based in the catalogue must be confirmed by our Commercial Dpt.
It is understood that the purchaser knows the properties, features and special conditions about the use of the purchased material. The customer will be responsible for the omissions and mistakes of general conception contained in sent sketches or plans for their approval.
PERIOD OF VALIDITY OF OFFERS – Contents of our offers are informative until explicitly accepted and have a validity of one month. This period passed by, they must be confirmed.
ORDERS FORMALIZATION – Orders must be confirmed by persons endowed with the sufficient power of doing it on behalf of the purchaser and remitted to TARNOS S.A. through any means that permits to put its whole receipt on record.
ORDER ANNULMENT – TARNOS S.A. reserves the right to ask the customer for indemnity because the damages caused by the cancellation of a contract already in progress.
DELIVERY PERIOD – The execution periods shown in our offers are merely informative. They are not final until a firm offer exists and all the administrative conditions of it – both concerning the drawings approval and the down payment are completed.
A delay in the delivery can not imply the payment of damages, except if it is clearly stipulated in the order. In any case, they can not be higher than the 0,5 % for each week with a maximum of a 5 % of the net value of the order and only if the delay can be attributed to TARNOS. S.A.
PAYMENT CONDITIONS – The payments will be carried out as follows ( exception made for other expressed agreements) :
The 30 % of the whole cost at the formalizing of the offer, through money transfer or check.
The remaining of the amount must be paid within 90 days since the delivery of the material, through a money order with banking costs on the account of the purchaser.
PACKING ,DELIVERY AND TRANSPORT – Our offers are always based on the goods in our stores or factories. The goods travel on the account and risk of the customer, exception made if he expressively asks TARNOS. S.A. to make it following its own instructions and always on its account. The packing in the offer is the essential for the safe transportation of the goods and included in the price. Exception made if the customer specifies some kind of special requisite that will be on the account of the purchaser too.
The customer can receive as-a-whole or general drawings if expressively appears in the contract, but he will never receive the drawings of execution of the delivered sets, that are filed in TARNOS. S.A.
ASSEMBLY AND STARTING – TARNOS. S.A .will provide skilled staff in the fittings and/or starting of a set if stipulated in the contract. The amount of their work and the generated expenses will be charged in a separated bill.
The time spent for the round trips of the technicians will be considered as working time, as the furthter days spent because of the fact that the sets and the preliminary works are not ready. The customer has to carried them out on his account, following the previously given drawings and instructions, as also licences, authorizations and other previous works so that the technicians can carry out their work.
TARNOS. S.A. does not take any responsibility for any damage suffered or caused by foreign people or staff at the service of TARNOS. S.A.’s technicians during those activities.
If the order concerns several different sets and the delivery is carried out at different times, the payment of each partial delivery must be paid off independently.
Delays in the payments will not be allowed under no circumstances, even in case of lawsuit. If delays are produced, corresponding legal interest rates and/or legally demandable indemnifications will be accrued.
POST-SALE GUARANTEES – TARNOS.S.A. guarantees the quality of its products and takes the obligation of adopting the suitable measures if the set does not fulfil the specific work according to what was sold to the customer.
This responsibility will be taken only if the customer immediately announces them, gives back the set and proves they are attributable to our company. If the communication is not immediate, we will understand that the customer has accept them and gives his implicit approval, renouncing to the guarantee.
TARNOS. S.A., moreover, will not take any responsibility if it is proved that the customer himself manipulated the set against the instructions collected in its handbook or acted repairing it himself without TARNOS. S.A. explicit authorization.
The guarantee period will be of one year since the delivery of the set, an 8-hours a day work been considered. This limit been exceeded , the guarantee period will be proportionally reduced.
This guarantee is not applicable to materials or accessories provided by other builder or by the customer, which – if defective – only will have the guarantees recognized by their provider, in any case never attributable to TARNOS. S.A.. The guarantee period will not be extended following the replacement of pieces or repairing of the set within the guarantee period…
The guarantees of industrial or economic results for the purchaser will exist only if they are contemplated in speecific agreements signed at the formalizing of the order.
If the set is given back and exchanged with a new one under guarantee, that one will remain under TARNOS S.A.. property, except if it is repaired.
If the customer asks the sending of technicians to examine, repair or check a set, their costs will be separate charged for the customer.
POST-SALE SERVICE – TARNOS. S.A.. offers to its customers a free consultancy about doubts concerning the correct use of the purchased sets, without any limit of time since the sale. Nevertheless, the specific studies carried out under the customer request will be considered as a separated service and charged accordingly.
AUTHORITY RESERVATION, CANCELLATION – In any case (even against third parties), TARNOS. S.A.. remains the owner of every provided material or engine until the total amount is paid.
In case of breach of contract, TARNOS. S.A. can choose to take them away from anywhere, at any time and without warning or to demand payment. In both cases it reserves its right to legally request indemnifications for perjudices and damages. Until this moment, the customer keeps the merchandize with diligence against any risk.
LEGAL RESPONSIBILITY – TARNOS. S.A. does not take any civil or other responsibility for damages caused by the undue use or inadequate fittings of its products.
JURISDICTION – As far as all the matters emerging from the non-fulfilment of the agreed deal are concerned – and specially in the occasion of non-fulfilment of the present contract – both parties undergo the Madrid Courts and Tribunals. So, purchaser and seller expressely renounce to any charter or specific or ordinary jurisdiction that could correspond to them, exception made for the above indicated one, the costs of any kind or nature that could emerge from the aforementioned non-fulfilment, being on the o account of the purchaser.