TERMS AND CONDITIONS

I. General

The following conditions apply to all contracts, deliveries and other services, unless changed or excluded with the express written consent of EngiSpares S.L (hereinafter referred to as the Seller).

Customers (hereinafter referred to as the Buyer) are legal entities (companies / entrepreneurs) with whom a business relationship is entered into. If a Buyer does not wish these terms and conditions to apply against him, he must immediately communicate this in writing.

Differing general terms and conditions of a Buyer do not apply. Buyer’s conditions do not become part of the contract even if the Seller does not contradict them once more and provides the contractually agreed delivery / service without reservation.

EngiSpares S.L acts in good faith.

II. Offer and scope of delivery

1. Offers (quotations) from the Seller are non-binding. These can be requested via the contact form on the Seller’s website (https://www.engispares.com) and by email (info@engispares.com)

2. With the order – method: confirmation of the quotation by email – the Buyer declares bindingly that he wants to purchase the ordered goods. The Seller is entitled to confirm the quotation on which the order is based within one week of receipt by issuing an invoice (pro forma invoice) to the Buyer

III. Price and payment

1. Unless otherwise agreed, the prices apply ex the Seller’s warehouse, excluding packaging. Prices are exclusive of VAT, where applicable, and exclusive of all costs related with shipping and acceptance (export / import taxes, insurance, other fees, etc.)

2. The Buyer undertakes to pay in advance (100% advance payment) and within 10 days of receiving the invoice (pro forma invoice). After this period has expired, the Seller is entitled to immediately cancel the contract / delivery by unilateral, written notification to the Buyer and to sell the service elsewhere

3. Receipt of payment is confirmed by the Seller via a receipted invoice

IV. Delivery time and delay

1. Delivery times and dates are only considered approximate. The delivery period begins with receipt of payment, provided this has happened in accordance with III. The delivery period is deemed to have been met if the goods have left the Seller’s warehouse by the time it expires

2. The contract is concluded subject to correct and timely delivery by own suppliers. This only applies in the event that EngiSpares S.L is not responsible for the non-delivery, of which the Buyer will be informed immediately after becoming aware of it and be provided with a new delivery date. If this date is rejected, the Buyer will receive a full refund

3. Compliance with the delivery dates requires the Buyer to have fulfilled his contractual obligations

V. Transfer of risk and transport

1. Unless otherwise agreed in writing, the shipping route and means are at the discretion of the Seller

2. The handover is deemed to be the same if the Buyer is in default of acceptance

3. Delivered goods must be accepted by the Buyer without prejudice to his rights under VI, even if they have minor defects

4. Partial deliveries are permitted

5. The risk is transferred when the goods are handed over to the freight forwarder (mail order purchase)

VI. Notification of defects and liability for defects

1. For legal entities (companies / entrepreneurs) and for commercial use of the goods, the warranty is one year from delivery of the goods

2. There is no warranty for damages arising from the following reasons:

– inappropriate or improper use
– incorrect assembly or commissioning by the Buyer or third parties
– natural wear and tear (in the sense of a wearing part)
– incorrect or negligent treatment (lack of maintenance / care)
– unsuitable operating resources / fluids
– chemical, electronic or electrical influences, unless they are due to the fault of the Seller
– improper changes or repair work carried out by the Buyer or third parties without the prior approval of the Seller

3. The goods received must be checked immediately after delivery for quantity, quality and guaranteed properties. Obvious defects must be reported to the Seller in writing within 14 days at the latest

4. After subsequent fulfillment has failed, the Buyer can withdraw from the contract due to a legal or material defect, but he is not entitled to any claim for damages (including “loss of use”) due to the defect

VII. Place of performance, place of jurisdiction, applicable law

1. Place of performance and exclusive place of jurisdiction for delivery and payment as well as for all disputes arising between the parties is the headquarters of the Seller or the local court of Palma de Mallorca

2. The relationship between the contracting parties is governed exclusively by the law applicable in Spain – excluding the UN Convention on Contracts for the International Sale of Goods

3. Severability clause: Should a clause of this contract be or become ineffective, the effectiveness of the remaining clauses remains unaffected. In this case, the contractual partners agree to replace the invalid clause with one that comes closest to the economic purpose pursued by the invalid clause