General conditions of sale

General

The sales and supplies of material and equipment (hereinafter, the ‘Supplies’) to be made by OMS Y VIÑAS, S.L. (hereinafter, OYV), a company legally constituted in Spain and registered in the Mercantile Register of Barcelona - Volume 24304, Folio 11, Page B-67385, Entry 39. With Tax Identification Code B-08164253, and with registered office at Pg. Centelles 10-20, 08013 Barcelona, shall be governed by these General Conditions of Sale (hereinafter, the ‘GCS’).

The purchaser (hereinafter referred to as the CLIENT) declares that he/she is aware of and accepts these GCS (General Terms and Conditions of Sale) by placing his/her order, having been informed of their existence and that they are available to him/her at www.oyv.es.

If you have any questions, you can contact Customer Services by e-mail at atencioncliente@oyv.es or by calling 930 000 810 (Monday to Thursday from 9.00 to 14.00 and 15.00 to 18.00 and Friday from 9.00 to 14.30).

Formalisation of orders and scope of supply

The supply includes the materials and equipment included in the quotation accepted by the CUSTOMER and confirmed by OYV. 

The default delivery conditions are at the address indicated by the customer, at street level and in its packaging, unless a special transport is agreed upon and previously quoted. If installation and commissioning of the equipment is agreed, this will be explicitly stated in the quotation. If there are particular delivery conditions to the order, the charges corresponding to the costs associated with the new delivery conditions will be added to the quotation. For orders with destination outside the Spanish territory the delivery conditions are EX WORKS Santa Perpetua de la Mogoda (C.P. 08130).

The weights, dimensions, capacities, technical specifications and configurations relating to the products offered by OYV included in catalogues, brochures, leaflets, online sales platforms and technical literature of OYV or its suppliers are for guidance only and are not binding. 

In OUTLET product requests, the photographs presented in the articles and offers are merely indicative, not contractual, and may be subject to certain modifications with prior notice from OYV. Order requests will be processed in order of receipt. During this process, it is possible that the product is no longer available, in this case, the CUSTOMER will be informed immediately of the unavailability of the product and the impossibility of its supply, therefore, the CUSTOMER may request the cancellation of the order, returning the amount paid in full.

 Prices

The prices of the Supply are net, exclusive of VAT and any other tax, duty or fee, which shall be subsequently passed on in the invoice at the corresponding rates. The validity of the quotations made by OYV is 30 days and the prices indicated are linked to the particular conditions of sale (terms and method of payment).

In the event that the sale is of an OUTLET product, the prices and contents are valid except in the case of typographical error or end of stock. In case of replacement of an OUTLET product not discontinued or on display, the OUTLET price may not be applicable depending on the validity of the promotion, being valid the price of the current price list. Net prices cannot be combined with other commercial agreements.

TERMS OF PAYMENT

• Credit

OYV's Credit Department will evaluate and inform the CLIENT of the viability of granting the credit. In case of refusal, payment must be made by bank transfer in advance.

• Payment deadline

In the case of obtaining credit, the payment term shall be thirty (30) days after the date of the invoice issued by OYV for the material that is the object of the Supply, unless there is an agreement in this respect between the CUSTOMER and OYV deriving from their usual commercial relationship.  

• Methods of payment

The methods of payment accepted by Summa are as follows (previously agreed by the parties):

• Bank Transfers

• Bank draft

• Cheque or promissory note

• Credit card

• Delays

In the event of late payment by the CUSTOMER, the latter will have to pay to OYV, without any requirement and from the due date of the payment, the interest for late payment of the delayed payment, which will be calculated in accordance with the provisions of Article 7 of Law 3/2004, of 29 December. The payment of this interest shall not release the CUSTOMER from the obligation to make the remaining payments under the agreed conditions.

In the event of the CUSTOMER incurring in delays in the agreed payments, OYV may provisionally or definitively suspend the delivery of the Supply or the execution of the services associated with the same.

Packaging

The packaging of the equipment and materials of the Supply shall not be subject to an additional charge on the sale price, but these shall not be returned. According to Royal Decree 782/98, of 30 April, Article 18, and Law 11/1997, of 24 April, on Packaging and Packaging Waste, as the final recipient of our packaging, it is the CUSTOMER'S responsibility to give it the most appropriate environmental treatment (valuation, reuse or recycling).

In Suministro OUTLET, some products may not be delivered in their original packaging.

Transport

Spain

The transport and shipment of goods shall be at the expense of OYV, provided that the minimum amount indicated below is exceeded. This shall be clearly stated in the delivery conditions of the offer and shall be invoiced as stipulated in the offer.

• In all cases, for PENINSULA and BALEARIC ISLANDS, orders with net amounts of less than 100€ will have a minimum charge of 10€ for transport.  

• In the case of the CANARY ISLANDS, orders with net amounts of less than 300 euros will be charged a minimum of 38€ for transport.

In the event that the CUSTOMER declares that he/she is responsible for the transport, he/she must indicate this beforehand in the request for quotation. The goods will be collected at OYV's logistics warehouses. 

Outside Spain

The transport and shipment of goods to destinations outside Spain will be previously quoted and agreed through the different incoterms.

Complaints

You may send your complaints and claims to the contact channels indicated, and they will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period. Mail: atencioncliente@oyv.es or telephone 930 000 810.

• Defective products

Once the Supply has been received, the CUSTOMER shall check the contents of the same at the time of receipt, in order to verify any possible defects and/or faults that may be attributable to OYV, leaving a record on the transport document and notifying OYV of the existence of these defects and/or faults within a maximum of 24 hours after receipt.

Once 24 hours have elapsed since receipt of the Supply by the CUSTOMER without OYV having received written notification of any defects or faults, the Supply shall be deemed to have been accepted, and the guarantee period shall begin to run from this moment onwards.

• Return of goods

To request a return, it is necessary for the CUSTOMER to contact OYV.

OYV will not accept returns of items that are special due to their characteristics, such as personalised decoration, or that are outside the sales programme and have been purchased or manufactured specifically for the CUSTOMER.

The deadline for notifying a return is 14 days from receipt of the Supply by the CUSTOMER.

For a credit note to be issued, the products must be in their original condition and with the packaging intact. If the product is opened, both the packaging and its contents and accessories must be in perfect condition. In cases where the causes of the return are beyond the control of OYV, a penalty equivalent to the cost of transport and handling for reverse logistics will be applied. 

Guarantee

• Machinery

OYV guarantees the machinery products that have been supplied with regard to defects in materials, manufacture or installation, for a period of one year from the date of receipt of the supply or completion of the installation if applicable, unless expressly stipulated in the quotation or acceptance of the order.

In the case of the sale of OUTLET products, used material is not covered by any guarantee. In the case of new products, the guarantee will be 1 year with OYV.

The guarantee expressed in the previous section consists of the repair or replacement (at OYV's choice) of the elements that have been recognised as defective, either due to material defects or due to manufacturing or installation defects. Repairs are understood to be carried out in OYV's workshops or at the CUSTOMER's premises at OYV's discretion. The guarantee covers the parts replaced, as well as the travel and labour costs related to the Technical Service responsible for remedying the defect.

The repair or replacement of a defective element of the Supply does not change the starting date of the guarantee period of the Supply as a whole, which shall be that indicated in section IX a. The repaired or replaced item shall have the guarantee extended to the initial one for the period equivalent to that which it has been out of use due to the fault during the guarantee period itself.

Under no circumstances will OYV be responsible for repairs carried out by personnel from outside its organisation.

In the event that the Technical Service has been sent at the request of the CUSTOMER to correct a fault and that this, for any of the aforementioned reasons, is not covered by the guarantee, the CUSTOMER must pay the cost of the repair if immediate intervention is required or request a quote for the repair.

• Other products

OYV does not offer warranty on products other than the machinery category, except for those brands that provide direct manufacturer's warranty. In the event of applying any type of guarantee, the product will be replaced by OYV, free of charge for the CUSTOMER.

In the case of OUTLET product sales, OYV offers a 6-month guarantee.

• Defective products

The warranty does not cover damage or defects due to normal wear and tear caused by use of the equipment or material supplied. Also excluded from the guarantee, which shall also be considered expired, are damages and defects caused by inadequate conservation or maintenance, incorrect or negligent storage or handling, abusive use, variations in the quality of the electrical supply (voltage, frequency, disturbances,...), modifications introduced in the Supply without the written approval of OYV, installations subsequently modified without following the technical instructions of the product and, in general, any cause that is not attributable to OYV.

Limitation of liability

The liability of OYV, its agents, employees, subcontractors and suppliers for claims arising out of the performance or non-performance of its contractual obligations shall not exceed in the aggregate the basic contractual price and shall in no event include damages arising from loss of profits, loss of revenue, production or use, capital costs, downtime costs, delays and claims of the CUSTOMER, substitute energy costs, loss of anticipated savings, increased operating costs or any special, indirect or consequential damages or losses of any kind.

The limitation of liability contained in this clause shall prevail over any other limitation contained in any other contractual document that is contradictory or inconsistent with this clause, unless such provision further restricts OYV's liability.

Intellectual property

The intellectual property of the quotation, in all its terms, and the information attached to it, as well as that of the equipment that is the object of the Supply and that of the elements, plans, drawings, software, etc., incorporated or related to it, belongs to OYV or its suppliers, and therefore its use by the CUSTOMER for purposes other than the completion of the order is expressly prohibited, as well as its total or partial copying or transfer of use in favour of third parties without the prior written consent of OYV.

Applicable law.

Submission to jurisdiction and competence

These Conditions shall be governed by, and construed in accordance with, Spanish law.

The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.

Confidentiality

The Parties shall treat all documents, data, materials and information provided by one of them to the other as confidential and shall not disclose them to any third party or use them for any purpose other than the performance and development of the Supply, unless the prior written consent of the other Party has been obtained. The foregoing shall not prevent OYV from providing the CUSTOMER's name and the basic data of the Supply as part of its commercial references.