These conditions shall apply to orders between STAHLWILLE, S.A.U. as the Supplier (hereafter referred to as STAHLWILLE) and the Customer. Under no circumstances shall the Customer’s own purchase conditions apply. Changes or additions to these conditions shall take effect only through an agreement signed by a representative of STAHLWILLE.
2. Orders and returns
a) STAHLWILLE reserves the right to not accept orders with a net value of less than €75.00 excluding VAT
b) Products that have been supplied in the appropriate condition shall not be accepted as returns without the written agreement of STAHLWILLE.
- a. The return of goods shall be possible only for items that are listed in the catalogue that is current at the time of the return. The goods must also be in perfect saleable condition and in their original packaging.
- b. The Customer must apply in writing, together with a copy of the purchase invoice, for the return of the goods.
- c. The return must be authorised by STAHLWILLE.
- d. The Customer shall return the goods free of shipping and other charges. STAHLWILLE shall reserve the right to apply a deduction of 20% for the purposes of management and reclassification.
- e. The cancellation of the resulting subscription shall be possible only through the acquisition of new goods.
c) STAHLWILLE reserves the right to make changes to the characteristics of the goods when this is necessary for reasons of safety, legal matters, design or technical improvements. STAHLWILLE reserves the right to supply goods of equivalent value and capacities.
a) Every order shall be deemed to be a separate contract and the Customer shall not have the right to withhold payment of any invoice nor to reject an order in part or in full, due to the delay or failure of STAHLWILLE in another order.
b) The shipping of goods is checked by our staff in each shipment. No claim referring to the quantities, condition or content of the order shall be valid if these matters are not reflected in the carrier’s delivery note. In every case, these matters must be communicated to STAHLWILLE in writing within 24 hours from receipt of the goods.
c) Delivery times are approximate and STAHLWILLE shall not accept responsibility for any delay. The delivery time shall not be binding unless this is agreed in writing.
d) STAHLWILLE can cancel the supply of orders in the event of any failure on the part of the Customer with respect to its obligations as a Customer, if the Customer is in a state of default, insolvency or bankruptcy, has a current request for pre-arrangement with its creditors or an arrangement with its creditors (requested by the Customer or by a creditor) or if STAHLWILLE understands that the Customer’s economic or legal situation could give rise to any of the previously named situations.
e) If the goods are supplied for export, the Customer shall be responsible for complying with any legislation or regulations that regulate the import of goods in the country of destination and for paying any charges or costs that are incurred through this activity.
4. Reservation of title
Goods shall travel at STAHLWILLE’s risk until the receipt and signing of the carrier’s delivery note by the Customer
a) Independently of the delivery of goods, STAHLWILLE shall retain the title until full payment of the invoice. Furthermore, the ownership of the goods shall not be transferred to the Customer until it has paid the total amount of any other order delivered by STAHLWILLE.
b) Until STAHLWILLE has received the payment, the Customer shall keep these goods as a recognised depositary who shall continue to be accorded a fiduciary relationship, with respect to the goods, between the Customer and STAHLWILLE.
c) If the payment is overdue in whole or in part, STAHLWILLE may at any time enter any premises of the Customer where the goods are stored with the purpose of recovering them, without prejudice to the assertion of any other rights. All charges incurred by STAHLWILLE in relation to the repossession of goods shall be charged to the Customer.
d) Without ruling out other events, STAHLWILLE may recover the goods and request total payment of the debt if the Customer is in a state of default, insolvency or bankruptcy, has a current request for pre-arrangement with its creditors or an arrangement with its creditors (requested by the Customer or by a creditor).
a) The price that will be applied will be the price indicated in the STAHLWILLE list of prices that is current at the date of delivery. Prices shall be understood to be net, excluding VAT, excise taxes, customs charges or any other cost that shall be incurred by the Customer.
b) STAHLWILLE reserves the right to change prices without prior notification.
a) As a general rule, we issue invoices on the 15th and last days of each month and the payment of the invoices must be made with the expiry of 60 days from the invoice date.
b) In the event of payment delay, STAHLWILLE shall charge interest at the legal interest rate plus three percentage points, without limiting claims to other losses incurred by the delay and the expenses occasioned.
c) The Purchaser’s failure to pay on the due date of an invoice shall give STAHLWILLE the right to withhold the delivery of goods and to require payment of all invoices and deliveries that have not yet been paid, including those that are not yet due.
7. Warranties and liabilities
a) STAHLWILLE products are guaranteed against material or manufacturing defects.
b) The following cases are excluded from warranty:
- i. Products, consumable parts or pieces that are used up or subject to wear and tear.
- ii. Malfunction caused by normal wear and tear, especially wear parts.
- iii. Any item that has been modified without approval, not maintained, inadequately maintained or subjected to misuse or force.
c) In the case of a warranty, STAHLWILLE’s liability shall be limited to the repair or replacement of the product. It shall not be responsible to the Customer for any loss or damage that arises from the use of goods supplied, nor for the improper use of goods or their use for a purpose for which the goods were not made.
d) Any warranty claim must be requested in writing and approved by STAHLWILLE. For the processing of this warranty claim, it will be necessary to send the item accompanied by the purchase invoice.
e) STAHLWILLE shall not be liable for the charges incurred through the collection or shipping of the item upon which the warranty is served.
f) STAHLWILLE continually adapts its goods due to technological advances and in order to fulfil the customer requirements, it can change and remove credentials in the catalogue without prior notice. Items that are not listed in the catalogue shall be substituted by other equivalent items.
g) Repair while under warranty shall not extend the warranty period of the goods.
a) Simply by the act of placing an order, the Customer assumes the recognition of these conditions and, to deal with any dispute, it expressly submits to the Courts and Tribunals of the City of Madrid, by specifically renouncing any other jurisdiction under which it might otherwise fall.
b) These conditions shall remain in force until they are revoked.
c) If any of the provisions of these conditions is or becomes invalid in part or in whole, the remaining provisions shall remain valid.