1 QUALITY AND WEIGHTS
All goods are manufactured according to the usual standards and consequently the variation of weights and measures is subject to a plus or minus 4% tolerance.
2 CONFIRMATION
Upon receipt of an order the seller shall send one confirmation and/or one proforma invoice to the customer. Such an order confirmation and/or proforma invoice is the proof that the order has been booked by the seller: all customers must receive it and return immediately one copy duly signed to the seller as final acceptance. Any alteration made by the customer in the order confirmation or proforma invoice must have final acceptance of the seller.
3 TERMS OF DELIVERY
All terms and conditions such as prices, payment terms, shipment times and so on are always stated in the order confirmation and/or proforma invoice. The invoices are based on those conditions agreed upon by both parties.
4 RETENTION OF TITLE
Until such time as the price of the goods and all the monies owing by the customer to the seller on any account whatsoever have been paid to the seller in full, the property in and title to the goods will remain invested in the seller. Such property in the goods shall remain in the seller not withstanding that the risk in the goods has passed to the customer and not withstanding that the customer may have possession of the goods. The customer shall hold the goods as bailee for the seller until the date of payment and the customer will insure the goods to their full replacement value without charge to the seller.
5 ORDERS UNDER L/C OR BANK GUARANTY
The manufacture of the orders under conditions of L/C or Bank Guaranty will be started only after the receipt of the original L/C or Bank Guaranty correctly issued and the promised shipment time is counted from the receipt thereof only.
6 TRANSPORT
The seller has entire freedom in the choice of the means of transport in the case of goods sold CIF and/or DAP. In the case of goods sold FOB; FOT or EX-WORKS, the means of transport could be at the client' option if so agreed upon. If the customer has the option of the means of transport and if he does not advise the seller in due time, the seller shall be entitled to send the merchandise by the first available means at his disposal. The seller cannot be held responsible for delays due to the missing of advice thereof by the customer soon enough.
7 DELAYS
The seller shall not be held responsible for non-delivery or delay in shipments due to strikes, lockouts, fire, breakdown of machinery or transportation means, or other causes of major force such as prohibition of export or import, war, civil commotion, confiscation, Act of God, governmental action, and/or any act or occurrence beyond seller's control such as unusual market conditions or non-delivery of raw materials, increases in freight rates, etc., in which instances it may be necessary to revise prices to an amount to be agreed upon by both parties.
8 FAULTY GOODS OR WEIGHTS
Claims for damaged or missing goods as well as discrepancies in weights and so on must be lodged with the carriers when accepting delivery of the consignment and an official acknowledgement must be obtained. Then the customers must apply to the Insurance.
9 ARBITRATION
Any dispute whatever which cannot be settled privately shall be referred to Arbitration in accordance with the rules in force at the time and shall be governed by Spanish law. The address of the seller is the place of contract for payment and legal disputes.