TERMS AND CONDITIONS OF SALE

Article 1.- Object

 

By means of the present Terms and Conditions, the commercial relationship between the CLIENT and EURO HERRAMIENTAS S.L. is regulated, including all purchases of products and services the CLIENT shall contract with EURO HERRAMIENTAS S.L.

 

Article 2.- Orders

  • All supplies and all services of EURO HERRAMIENTAS S.L. are subject to the terms and conditions articulated below. Any provision in any order of the CLIENT that differs from these terms and conditions shall be specifically rejected. Such provisions shall not be binding for EURO HERRAMIENTAS S.L. unless they have been expressly agreed upon and signed in writing by both parties.
  • The sale is formalized when EURO HERRAMIENTAS S.L. accepts the order by sending the corresponding Order Confirmation, either by fax or e-mail, according to the CLIENT’s preference. The order placement by the CLIENT shall not constitute per se a contract, even if EURO HERRAMIENTAS S.L. has previously submitted an offer. Any complementary agreement and any subsequent modification requested by the CLIENT shall be confirmed and shall not take effect until EURO HERRAMIENTAS S.L. expressly by writing accepts the request.
  • EURO HERRAMIENTAS S.L. reserves the right to modify the manufacture of its products and change its technical data and performance parameters. EURO HERRAMIENTAS S.L. shall announce any change, and any cessation of the product, as soon as it is known, including said suspension or change in the web page of EURO HERRAMIENTAS S.L. (speedrill.com)

 

Article 3.-Price

  • EURO HERRAMIENTAS S.L. makes available to all its customers updated information on product prices through the website (OnlineShop). EURO HERRAMIENTAS reserves the right to modify the prices established at any time and without prior individualized communication, always subject to what may be indicated in a particular contract with the CLIENT.
  • The prices indicated in EURO HERRAMIENTAS’ price list shall not include shipping, insurance, installation costs or taxes.
  • EURO HERRAMIENTAS secures the price stated in an Offer until the deadline indicated therein.

 

Article 4.- Payment Terms

  • The payment of the invoiced price shall be made no later than 30 days from the date of issue of the invoice, unless other conditions are specified in the invoice itself. If the delivery of the products is not made or is delayed due to the CLIENT, the payment shall be made within 30 days of the expected delivery date as if there had been no such impairment or delay.
  • The method of payment shall be reflected in the invoice, under the conditions agreed between the Client and EURO HERRAMIENTAS and shall under no circumstances be modified.
  • Invoices will be, in all cases, sent by email. It is the CLIENT’S responsibility to inform and maintain updated their email address to receive their invoices.
  • In case of payment made by means of debit and / or credit card, the amount of the order shall be charged in full. In case, for any reason, EURO HERRAMIENTAS does not place of the product, the amount charged on the CLIENT’S credit and / or debit card shall be refunded.
  • EURO HERRAMIENTAS reserves the right to charge interest and collection costs on any outstanding invoice not paid, in whole or in part, at the agreed maturity, in application of Articles 5 to 8 of the applicable Law (Ley 3/2004 de 29 de diciembre, por la que se establecen medidas de lucha contra la morosidad en las operaciones comerciales).
  • If the CLIENT does not pay on the agreed expiration date, EURO HERRAMIENTAS shall suspend his pending deliveries.
  • In the event of an early termination of the contract for any reason, the CLIENT shall be obliged to immediately pay for all works performed and products supplied, as well as to pay for any damages that such cancellation may occur to EURO HERRAMIENTAS.
  • EURO HERRAMIENTAS reserves the right to charge the CLIENTS all costs of handling, packaging and transport if the products are returned without there being a breach by EURO HERRAMIENTAS. Said charge shall be carried out without the prior consent of the CLIENT.

 

Article 5.- Product Delivery

  • The supply of products shall be made in a single delivery, unless given a concrete or exceptional circumstances such delivery shall be made in several installments, in which case EURO HERRAMIENTAS shall cover the cost of additional deliveries, if agreed so.
  • EURO HERRAMIENTAS undertakes to comply with all the delivery terms agreed with the CLIENT, however these terms may be modified by EURO HERRAMIENTAS for production reasons, in which case the CLIENT shall be notified with the greatest urgency. The CLIENT knows and accepts this situation, which shall not generate any right to claim for any penalty or to declare the termination of the contract.
  • The product is considered delivered upon leaving the EURO HERRAMIENTAS warehouse (Ex-stock EURO HERRAMIENTAS). The deadlines for the delivery of the products are merely informative, not binding on EURO HERRAMIENTAS. Unless expressly agreed in writing by EURO HERRAMIENTAS, the CLIENT shall not be entitled to request the cancellation of an order or any compensation (including the return of postage) in the event of a delay in the delivery of the product. The CLIENT shall not refuse to pay the price of the products already delivered when a partial supply of an order has taken place.

 

Article 6.- Transport

  • Transportation costs are not included in the prices of the product and are borne by the CLIENT.
  • Once the products supplied leave their warehouses, EURO HERRAMIENTAS will not be responsible nor for the products neither for the duration of their transportation. EURO HERRAMIENTAS accepts no responsibility for losses due to packaging, non-obvious damages, errors in delivery, discrepancies or total or partial loss of deliveries, unless it is communicated in writing in a reliable manner to EURO HERRAMIENTAS within ten days following the delivery of the supply, and previous inspection by EURO HERRAMIENTAS which concludes in acceptance of such responsibility.
  • In the event that, at the time of delivery, obvious damage is detected on the packaging or on the product itself, the CLIENT shall indicate it immediately on the delivery document signed by the carrier, otherwise no claims will be accepted for such concept.
  • If the expedition or delivery is delayed by the CLIENT for a period exceeding one month, starting from the date on which the material was available, the CLIENT may be billed for the storage costs until its actual delivery.
  • It is an essential condition that at the delivery of products any incident that shall be found on the products or the packaging is communicated to EURO HERRAMIENTAS, by email to ayuda@speedrill.com on a maximum period of 24 hours from delivery.

 

 

Article 7.- Return of products/terms and conditions for Distributors

  • The CLIENT shall have a period of 5 days from the product delivery to file to EURO HERRAMIENTAS any claim regarding the product supplied. After the abovesaid period the products shall be considered as accepted by CLIENT. The claim shall in all cases be made in writing, either through the space dedicated to it on our website or by sending an email to the following address: info@speedrill.com
  • EURO HERRAMIENTAS shall, in no event be responsible and reserves the right to refuse possible returns in case of products in poor condition due to improper use or transport damages. The transport costs caused by a return shall be shared equally between the CLIENT and EURO HERRAMIENTAS. In such event the CLIENT shall send the material to EURO HERRAMIENTAS by paid postage and EURO TOOLS shall return the repaired material also freight prepaid. If a product is received for repair and it is verified that its operationally correct, the CLIENT shall receive the product to freight collect. Only in the following events product return shall be accepted:
    1. The return of non-defective products is not accepted, except in exceptional cases prior to return, accepted in writing by EURO HERRAMIENTAS. In these exceptional events of return an additional charge for management and administration expenses shall be applied and shall be equivalent to the 20% of the value of the product, and the costs of return transport shall always be assumed by the CLIENT. Returns are not accepted for amounts less than € 100.
    2. Malfunctioning products at the time of receipt: If the product is defective, a refund request must be made via web form or via email to info@speedrill.com

Once assigned a return number, the product need to be sent to EURO HERRAMIENTAS with its original packaging, original manuals and accessories and with the corresponding return number visible on the outside of the packaging.

  1. Malfunctioning material in guarantee period: In case of defective material within the guarantee period, the management of the guarantee shall be accepted, once the requirements of EURO HERRAMIENTAS have been met. Once assigned a return number the product needs to be sent to EURO HERRAMIENTAS within a maximum period of 7 days. The return number shall appear on the outside of the packaging. If, after the 7 days described, the product has not been received, the return file shall be canceled.

 

Article 8.- Return of products/terms and conditions for final clients or users

 

  • Final users have the right to request the return of a product purchased from EURO HERRAMIENTAS within a maximum period of 14 days from receipt of the product. After 14 days, EURO HERRAMIENTAS reserves the right to accept or reject the return of the product.
  • Final user has the obligation to notify EURO HERRAMIENTAS the return of the product, either through the space dedicated to such purpose on our website or by sending an email to the following address: info@speedrill.com. The rejection of the package at the time of delivery of the product shall in no event be considered valid and sufficient.
  • The final user shall assume the management and shipping costs for the return of the product in the event of return. Equally, any returned product will suffer a depreciation in its value and such depreciation will also be assumed by the final user. The depreciation of the value of the product shall be stipulated by EURO HERRAMIENTAS. The refund shall be made under the conditions assigned and notified in the return file.
  • Malfunctioning products at the time of receipt: If the product is defective, a refund request must be made via web form or via email to info@speedrill.com. Once assigned a return number, the product need to be sent to EURO HERRAMIENTAS with its original packaging, original manuals and accessories and with the corresponding return number visible on the outside of the packaging.
  • Malfunctioning material in guarantee period: In case of defective material within the guarantee period, the management of the guarantee shall be accepted, once the requirements of EURO HERRAMIENTAS have been met. Once assigned a return number the product needs to be sent to EURO HERRAMIENTAS within a maximum period of 7 days. The return number shall appear on the outside of the packaging. If, after the 7 days described, the product has not been received, the return file shall be canceled.

 

Article 9.- Modification or cancellation of orders

Once an order has been placed, EURO HERRAMIENTAS will proceed to prepare the order, and from that moment no cancellation or modification of the order shall be accepted.

 

Article 10.- Limitation of liability

  • EURO HERRAMIENTAS shall be released from any liability for loss or damage caused as a result of factors or causes that are not attributable to EURO HERRAMIENTAS
  • EURO HERRAMIENTAS shall be responsible for defects in the products provided that the CLIENT has warned EURO HERRAMIENTAS of such deficiencies within the warranty periods specified above. The responsibility is limited to carrying out the necessary repairs in our facilities and / or delivering alternative products.
  • EURO HERRAMIENTAS shall not be liable for any loss of profits or other consequential damages, whatever the cause thereof.
  • When the products are manufactured by EURO HERRAMIENTAS according to the design and / or specifications of the CLIENT, EURO HERRAMIENTAS shall not assure that such products are suitable for the use projected by the CLIENT.
  • The maximum responsibility that in any case shall be assumed by EURO HERRAMIENTAS shall be the price of the products and / or services provided to the CLIENT from which any liability could be derived by EURO HERRAMIENTAS as provided in these Terms and Conditions, therefore not assuming any additional responsibility.
  • EURO HERRAMIENTAS shall in no event held liable for any loss due to lost profits of the buyer of the products.

 

Article 11.- Title and Risk

  • All products are under the risk and responsibility of the CLIENT since the delivery to the carrier.
  • While the CLIENT has not paid the price in full and all charges related to the product sale, the product supplied shall be considered property of EURO HERRAMIENTAS, retaining until payment all inherent rights. The CLIENT shall be, under the abovesaid circumstances, considered the trustee of the products and must store them separately, clearly identifying them as EURO HERRAMIENTAS’ property.
  • If upon expiration of any term the client does not make the amount owed effective, EURO HERRAMIENTAS may choose between demanding the immediate payment of all due installments and expiring or terminating the contract and withdrawing the products held by the CLIENT, without obligation to reimburse any amount received, which shall be for the benefit of EURO HERRAMIENTAS as compensation for breach of contract, without prejudice to the compensation for damages caused to EURO HERRAMIENTAS that shall be claimed.
  • In the event that, after the payment is due and the CLIENT has not proceed to pay, but has sold the product or any part of the product to a third party, it shall be considered that such sale has been made as an EURO HERRAMIENTAS’ agent. The CLIENT shall carry out the procedures of such sale on behalf of EURO HERRAMIENTAS and shall take a separate account to register EURO HERRAMIENTAS’ sales and proceeding to pay to EURO HERRAMIENTAS immediately all amounts received for such sale.
  • If, prior to the total payment of the products, the CLIENT starts a bankruptcy proceeding or has all his goods seized, or is declared in a winding-up process, it is obliged to expressly state that the products acquired from EURO HERRAMIENTAS are property of EURO HERRAMIENTAS. If, in spite of this, they were seized, the CLIENT shall facilitate the exercise, by EURO HERRAMIENTAS, of the relevant third party domain proceeding, being all the expenses incurred in by EURO HERRAMIENTAS, borne by the CLIENT. The CLIENT, in addition to the special affectation to the fulfillment of his obligations, established on the products that are sold, will respond of them with all his other goods.

 

Article 12.- Health and safety at work

  • It is the sole and exclusive responsibility of the CLIENT, who must ensure that the products are installed correctly and safely, according to the instructions previously provided by EURO HERRAMIENTAS and following the guidelines of good commercial practice, without risk to health or safety of people. EURO HERRAMIENTAS is not responsible for the breach by the CLIENT of this clause.

 

Article 13.- Industrial and Intellectual Property

  • EURO HERRAMIENTAS has registered and reserved all copyrights, patents, trademarks, and the right of legal protection of the designs registered in its drawings, circuits, software, documents and equipment.
  • All drawings, specifications, documents, etc., added to offers and delivered to the CLIENT are exclusively for personal use. They shall not be copied neither totally nor partially and shall in no event be made available to third parties without the express written consent of EURO HERRAMIENTAS
  • Any software program provided by EURO HERRAMIENTAS is not part of the sale, but the CLIENT receives a license to use such program. If the software has been supplied included with other products, then it can only be used in conjunction with such products.
  • In the event that the CLIENT is required or sued by a third party for infringement of industrial and / or intellectual property, whatever the cause is, for any of the Products provided by EURO HERRAMIENTAS, the CLIENT shall immediately notify such file to EURO HERRAMIENTAS so that he can exercise his right to defense being the CLIENT banned to take any action or make any transaction without EURO HERRAMIENTAS’ prior written consent.

 

Article 14.- Responsibility for circumstances beyond control

EURO HERRAMIENTAS shall not be responsible for the breach of any term of this contract if it is caused by any circumstance beyond EURO HERRAMIENTAS’ control

 

Article 15.- Enforceability

If any provision of the present TERMS AND CONDITIONS should be held invalid, unenforceable or illegal for any reason, the outstanding Terms and Conditions shall remain otherwise in full force and affect apart from such provisions that shall be deemed deleted

 

Article 16.- Applicable Law and Dispute Resolution

  • The present Terms and Conditions will be governed by and construed according to Spanish Law, both State law or Autonomic Law, whichever corresponds. All documents, communication and notices relating to the Terms and Conditions shall be in Spanish.
  • If a dispute arise between the Parties in connection with the Terms and Conditions, Parties must ensure that they will promptly meet and engage in good faith discussions in order to reach an amicable solution. In the event no amicable solution is reached, both Parties agree to submit to the jurisdiction of the Courts of Madrid.