Terms of sale
GENERAL CONDITIONS FOR SUPPLIES & SERVICES FROM STEMM INDUSTRIAL EQUIPMENT, SL
1. GENERAL
These general sale conditions apply exclusively to all transactions agreed between STEMM and its customers, except written agreement on the contrary.
These general conditions are the only valid ones, they supersede all purchase conditions and clauses that may appear in the client´s documents, over which they prevail. STEMM´s relationships with its customers, are restricted only to their particular agreement and are completely different from those that they may have with third parts.
2. ACCEPTANCE OF THE ORDER AND RECORDING AS A CONTRACT
The placing of an order by the customer implies acceptance of all STEMM´S general sale conditions.
The order will be executed and shall become a contract, with validity and acceptance dates, if STEMM agrees answering the request, writing and attaching all papers in the offer signed and sealed.
For all orders received and accepted by STEMM will make acknowledgment to the customer via e-mail, noting the documentation received, sending planes overall dimensions for approval and announcing the exact date of delivery.
It is imperative the customer acceptance response to this e-mail to ini astern the manufacturing process.
The order shall enter into force upon customer response and upon payment of the first bill in advance of 30%.
When a technician is requested, the customer will request via e-mail attaching signed and sealed our hourly rate, to acceptance motod
3. DOCUMENTATION
The data and specifications, dimensions, weights, power, time, etc ... expressed in tenders, technical and flat sheets, have an approximate guideline.
STEMM will always supply instructions manual of the machine where the technical features, overall dimensions drawings, details of parts and components, hydraulic and electrical schemes, maintenance instructions, spare parts and especially the control and interventions register are included.
STEMM will provide certificates of all materials and components used in the manufacture of the machine as well as a certified of the testing and trials at the end of manufacture.
All machines have the "CE" certificate of conformity under the terms of the Machinery Directive 2006/42 / EC.
4. DELIVERY
The machine would be considered delivered and finished, when after all the trials and tests been made, it is made available to the customer, ready for shipment. The items will always travel at the risk of the client. STEMM workshops in Ibarra are established as place of performance of the contract, although the machine is sent postage paid. If the client would request
a delay in the delivery of the machine, this does not mean delaying the date bill.
If for any reason, a delay in the delivery is going to happen, STEMM will inform the customer with a minimum of 15 days, indicating the new delivery schedule.
Penalties or compensation of any kind would be admitted by STEMM after a delay in the delivery.
5. PRICES AND PAYMENT
The prices indicated in the offer, refer to material delivered in Ibarra STEMM workshops freight collect. Prices in packaging, protective canopies or containers are not included. The purchase price does not include value added tax, to be applied separately to the selling price.
Payments shall be made as indicated in the method of payment of each offer. Any variation in the characteristics of the order by the customer or unpredictable modifications will be reason for price variation. The client may not exercise the right to withhold payment, even partially, for any reason or justification, even if there is a dispute in progress. The bills referring setting ups and intervention of technicians will be charged 30 days from the invoice date.
6. CANCELLATION OF CONTRACT
If after the start of manufacturing the equipment, the customer decides to terminate the contract, it must inform STEMM with express and sufficient notification. In this case, the customer will pay the in-process materials and existing and ongoing stockpiles both in STEMM and in its subcontractors and suppliers.
7. VARIOUS ISSUES
STEMM reserves the right to assign or subcontract the work partially or totally, and to make on their constructions those improvements or modifications desirable to the benefit of the customer in its opinion, in terms of security, functioning and quality.
In those machines supplied with the Remote Control kit the customer accepts and authorizes the service of STEMM to connect and intervene on the machine via the Internet at any time, without notice, for testing, controls, repairs, readings and modification of technical parameters. In these cases, if due to a major incident it is necessary to immobilize the machine, the customer will be contacted in advance via e-mail, as soon as necessary. When the machine locks, alw ays be in the open position; Remote operation resuming machine ra decided only STEMM service.
T he communication costs, transmission and maintenance of the SIM cards will be provided by the client machine owner, who make annual payments in advance, at the beginning of each year.
STEMM guarantees the supply of spare parts and essential components for operation Normal machine for a period of 10 years.
8. CONFIDENTIALITY
Each part will keep confidential all information received in connection with the order.
STEMM may use the name, trademarks and logos of client advertising campaigns on the web and in photographs in our catalogs and data sheets.
9. RETENTION OF TITLE
The material sold, remains property of STEMM until full payment, with the power of checkpoint thereon; the customer may not have the purchased object until the complete payment of the sales price nor alienate to third parts.
10. WARRANTY
The manufacturing guarantee of all the equipment and components is 12 calendar months, against all manufacturing defects, according to the Spanish Civil Code and the Commercial Code of Law. Whenever the client requests an intervention benefit of the guarantee, the customer should always run the application via e-mail and then a preliminary report shall be made before initiating proceedings or authorizing them, under cover of the guarantee.
It is imperative that the client sends at the same time that demand, and at least once a year, the accreditation of changing air and oil filters and other daily, weekly and monthly checks to be recorded as indicated in Chapter 6.4 of the Manual, which is a mandatory condition.
Without receiving these documents, any application will not be accepted.
Following a prior expert opinion will be done before starting or authorizing proceedings, under the protection of the security and, the replacement of any part in which a manufacturing defect is found, will be without charge to the customer and it will be held whenever recognized as defective by our Technical Service. During the warranty STEMM will repair the machine and components in our workshops within a maximum of 48 hours.
Transport of the machine or replaced parts and assembly of the parts in the customer premises, are excluded from the guarantee and will always be borne by the customer.
Travel expenses, tickets, hotels and labor of our technicians are also excluded.
The warranty does not cover wear parts, rings, filters... when there is a misuse or neglect use and in cases of bumps and accidents by chance. The warranty does not cover when the machine is observed misuse and the rules in the Maintenance Manual supplied with each machine are not faithfully followed.
Our warranty excludes all liability for damages, direct or indirect to third parts caused by failures, accidents, malfunction or error maneuver and it is not linked to production processes yields; therefore under no circumstances is STEMM obliged to penalizations or compensation of any kind.
11. INSPECTIONS, QUALITY CONTROL, TRIALS
The client will always have free access to STEMM facilities, in order to examine the manufacturing process, quality, and attend the tests. The costs of tests and inspections made by anyone other than STEMM technicians may be charged to the customer.
Once completed the phases of manufacturing, assembly and commissioning, STEMM may inform the customer the availability of the machine, inviting him to attend the tests and provisional reception, which shall consist in continuous operation for 8 hours, simulating similar cycles to the use of the customer, thanks to a PLC arranged to perform all necessary tests.
When the tests are completed, a certificate will be issued and sent to the customer, leaving the machine ready to send and shall be deemed delivered. From this time it begins to run the warranty period and the invoice is issued.
12. MAINTENANCE VIA REMOTE-CONTROL
The acceptance of this service provides the assurance of monitoring and continuous control of the machine, but implies adopting certain rules and processes which will ensure its proper functioning.
The customer will provide a quality WI-FI signal and will keep it always active, since if the WI-FI connection is cut off the machine can be paralysed for safety reasons. The manufacturer is granted access to the machine to perform check-ups, tests and necessary controls, without the need of express authorization from the customer. The manufacturer undertakes to communicate the changes, on pressure, timing or any other parameters deemed necessary to improve the operation and performance.
13. LANGUAGE OF COMMUNICATION
The language for all written and oral communications, to all documentation, purchase contract and all correspondence between the parts will be the Spanish.
The manuals are always available in Spanish, English and French languages; where needed in other languages, translation costs are borne by the customer.
14. JURISDICTION
For any difference that may arise regarding the interpretation, performance or termination of the contract, in case of dispute, the parts submit to the jurisdiction of the Courts of San Sebastian (Gipuzkoa) and expressly waive any other jurisdiction that may apply. The contract should be regulated according to the Spanish legislation.