These conditions are applicable to the sale of all products marketed by AUTOMOCION ORYX PARTS.S.L. from January the 1st 2016 and will replace the general sales conditions in force.
Any order from our customers constitutes acceptance of these conditions and customer waivers of his own purchase conditions in general.
The orders are subject to acceptance by Automoción Oryx Parts S.L. after verification of its availability in the STOCK, which could lead to the reduction or cancellation of its delivery.
It is prohibited to alter the packaging and contents of the products supplied by AUTOMOCIÓN ORYX PARTS, as well as the sale without the original packaging.
AUTOMOCIÓN ORYX PARTS, S.L offers products of original or equivalent quality as defined in the regulations of the European Commission nº 1400/2002 de 31 de Julio de 2002.
PRICES
The prices listed in our rates do not include Value Added Tax , which is charged as stipulated by the law of that tax , except Ceuta , Melilla and the Canary Islands , where pricing will be established according to current tax legislation to those territories.
AUTOMOCIÓN ORYX PARTS, S.L. reserves the right to change the prices and discounts prior notice to the customer of 15 days.
TRANSPORT
The transport expenses will always be charged to the seller, provided that the minimum order amount is above 150 euros ; if not, a stipulated amount will be charged on the bill in respect of carriage (11,50EUR for deliveries in Spain) .
DELIVERY TIME
Delivery times are always indicative and are subject to the existence and availability of goods in storehouses.
The delay in supplies, duly justified , will not represent cause for penalty or claim by the client.
PAYMENTS
The bills will be paid at the address mentioned on the invoices, settlement of an invoice by Bank Draft does not modify the conditions.
Nonpayment of a bill or exceeding the time limit for a payment will entitle to AUTOMOCIÓN ORYX PARTS, S.L. to requiring full and immediate execution of all pending or owed payments without notice. Moreover, any amount not paid fifteen days after the deadline will have increased amount with interests in force required by banks.
Cash payment or guarantees (personal or bank guarantees) may always be required, in the absence of sufficient references for the solvency of the buyer.
We reserve the right based on our assessment of risk or guarantees, to fix or reduce the risk granted and setting new payment terms.
Credit notes to buyer will be performed only when this is up to date in its payment obligations. In case of nonpayment, Automoción Oryx Parts S.L., reserves the right to suspend the supply.
All judicial and extrajudicial costs generated by the claim of non-payment will be paid by the buyer.
The courts will settle any dispute in this matter will be those of Zaragoza , jurisdiction corresponds to the registered company office of the company, because there is where the acquisitions are considered made..
OWNERSHIP RETENTION
In any case and even in front of third parties, AUTOMOCIÓN ORYX PARTS, S.L. will conserve ownership of all goods supplied, as long as all payments are not fulfilled; goods in this case can be withdrawn from customers to our request.
In case of bankruptcy AUTOMOCIÓN ORYX PARTS S.L. will have the right to recover the sold goods.
Also, in case of any kind of purchaser seizure or foreclosure prior to settlement of invoices, the customer compromises to declare in the diligences the ownership of AUTOMOCIÓN ORYX PARTS, S.L.
SALES RETURN
AUTOMOCIÓN ORYX PARTS, S.L. will not accept returns that have not been previously agreed by our commercial department. If accepted, shipping of the goods is paid by the customer.
Under no circumstances may be accepted returns of products with expiry date , special storage requirements or where there are indications of improper storage or handling, even if the return had been agreed.
The customer may not send the material until receiving final authorization, and in the case of returning the material for reasons beyond AUTOMOCIÓN ORYX PARTS, S.L. 10% of the price of the material returned will be charged on the delivery note as “return management” with a minimum cost of 12 euros.
GUARANTEE
Our products are guaranteed for 6 months according to the nature of good from the date of sale to the final consumer, invoice date , covering defects in materials or workmanship , unless expressly agreed otherwise.
AUTOMOCIÓN ORYX PARTS, S.L. is obliged to replace the piece requested warranty.
AUTOMOCIÓN ORYX PARTS, S.L. excludes guarantees in the following cases:
– Normal wear.
– Defective assembly or handling.
– Indemnification for third persons.
AUTOMOTIVE ORYX PARTS, S.L. does not sell parts for marine engines. If our parts are used to repair marine engines without our consent, it is done at the customer’s expense and risk. In no case will AUTOMOCIÓN ORYX PARTS, S.L be the subject of a claim for possible failures or costs associated with a possible breakdown of said marine, marinized or used on board vessels for functions other than propulsion.
JURISDICTION
Both parties will submit, in case of complaint for any reason, to the courts of Zaragoza, expressly waiving any other jurisdiction that might apply.