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Terms & conditions

KELVIN SA, Madrid Commercial Register (RM Madrid), Book 7,389, Folio 107, Page 72,588, Entry 1. CIF/VAT: ESA28150134 CAMINO DE SAN MARTIN DE LA VEGA, nº 12 - 28500 - MADRID- Tel.: +34 917 540 325 - Fax: +34 913 049 639 - contact@kelvingear.com

 

  1. Scope of application:

KELVIN SA has given to MOVERICA ONLINE SL the right to manage their online store. This activity is managed by MOVERICA ONLINE, S.L., CIF: B-66658097, Passeig de Gràcia 56, 6A, 08007, Barcelona.

 These Terms and Conditions are applicable to all sales or services described in our leaflets, price lists, catalogues, advertisements, quotations, website or verbally. Any amendment shall be confirmed in writing by KELVIN SA. Any other terms or conditions shall be excluded. By placing an order, you agree to these Terms and Conditions.

 

  1. Offer and acceptance:

 The only valid offers shall be those made by KELVIN SA through its Official Catalogue. Quotations or offers shall only be valid in writing and for a period of 30 days.

Orders shall not commit KELVIN SA unless it confirms them in writing by "Order Confirmation". You must check the Order Confirmation and notify us immediately in writing of any mistakes, otherwise the content of the Order Confirmation shall be applicable.

Any amendment to your order must be notified in writing to KELVIN SA, which reserves the right to accept or refuse it and to amend the conditions of this agreement and the delivery deadline set out in the Special Conditions.

In addition, this agreement shall be deemed to be completed once the product ordered by the customer has been dispatched. KELVIN SA reserves the right to supply different products from those ordered at any time, but we guarantee that the functions and operation of the products supplied will be equivalent to those ordered.

 

  1. Price and means of apyment:

The stated prices do not include VAT, transport, packaging and installation costs, or customs duties, which shall be payable by the customer. The prices shall be maintained provided there are no changes to the terms of the order or the standard delivery conditions. Where additional delivery costs are incurred to meet the purchaser's requirements, those costs shall be payable by the purchaser.

KELVIN SA may opt at any time to amend the current sales prices or terms. In any event, the applicable price and conditions shall always be those determined at the time the customer agrees to the order. Payment shall be made upon delivery of the product or, where agreed, by the payment date indicated on the invoice. Cheques will be accepted at our discretion. The payment deadline is essential. KELVIN SA may suspend delivery until the order has been paid in full. In the event of late payment, the legal interest rate plus two percentage points will be applied.

 

  1. Delivery:

The delivery deadlines stated on the Order Confirmation are approximate. KELVIN SA reserves the right to make partial deliveries, in which case the sale of each item received shall be deemed to be completed.

If the order is not delivered within 30 days of the scheduled delivery date, a penalty of 0.5 per cent of the total value of the order will be charged for each full week of delay, up to a maximum of 5 per cent.

The delivery of the products shall take place at the facilities of the buyer (DAP Barcelona, Incoterms 2000, International Chamber of Commerce), and the customer shall be responsible for the purchased products from the moment they leave the warehouses of KELVIN SA, their good condition having been verified at the time of delivery, and for taking out insurance to cover the risks of carriage, theft and destruction during transit. All parcels, boxes and items shall be packaged appropriately for their transport and storage. If you refuse to take delivery without our prior approval, you will be liable for any resulting costs or damage, including storage, until your acceptance.

The risk of loss of the goods is transferred upon delivery. The customer shall have eight days from receipt of the ordered product to verify that it is not faulty and complies with their order. Once this period has elapsed, the customer shall be deemed to have accepted the product.

If the product is found to be damaged or faulty due to a manufacturing fault, the customer may return it to KELVIN SA in its original state, with its packaging, product return form and delivery note.

The costs of returning the product shall be payable by the customer.KELVIN SA will not be liable for any faults or defects caused during the transport of the products.

 

  1. Retention of title

The ownership of the products shall be transferred upon full payment, until which time you must insure them and store them separately and may not modify, paint or sell them.

 

  1. Documentation

The product referred to on the front page of this agreement shall be delivered together with the corresponding delivery note, which shall include, as a minimum, the following information: order number, description of product delivered, product reference number and quantity delivered; as well as any additional documentation provided for in the "Special Conditions" and any information necessary for the use and handling of the products.

 

  1. Intellectual and industrial property

 Any information provided by KELVIN SA, regardless of the medium or means of transmission used, necessary to the development of the purchased product referred to in this agreement shall remain forever the exclusive property of KELVIN SA, and the use thereof for any purpose other than that for which it is intended shall be prohibited.

The technology and know-how incorporated in the products, together with the industrial and intellectual property rights for the products, are the exclusive property of KELVIN SA.

For these purposes, the customer expressly waives any right they may have regarding product development, and undertakes not to file under any circumstances a patent or any other industrial or intellectual property right which may derive from the development of the product.

Reproduction of the products and, in particular, spare parts is prohibited.

 

  1. Confidentiality

Any information supplied by KELVIN SA to the customer shall be confidential and under no circumstances may it be disclosed without express written authorisation from KELVIN SA. Confidential information may not be used for any purposes other than those provided for in this document.

  

  1. Guarantees

 KELVIN SA guarantees that the product which is the subject of this agreement has been manufactured in accordance with all applicable legal specifications.

In addition, it guarantees that it will provide the customer with the information necessary to ensure that the use and handling of the products does not pose a risk to the health and safety of workers.

KELVIN SA guarantees the products against any design or manufacturing fault for a period of 12 months from their delivery, and undertakes to replace or repair to the customer's satisfaction only those products which prove to be faulty.

The repair, modification or replacement of parts during the term of the guarantee shall not mean an extension of the guarantee, without prejudice to the guarantee of those parts or replacement parts.

The cost of repairs or replacements originating in this way shall be payable by KELVIN SA, including when they have to be carried out away from its premises, except for the costs of transporting faulty products and the assembly and dismantling of faulty machinery. The replaced parts shall be returned to KELVIN SA.

KELVIN SA does not guarantee or accept any liability for faults arising from the normal wear and tear of the products, use which is inappropriate to their purpose, use which does not conform to the rules and conditions for their usage, an unsuitable environment, excessive use, installation carried out without following the advice of KELVIN SA, or modifications made to the products by customers without KELVIN SA's prior agreement.

In order to benefit from the guarantee, customers must not carry out themselves or have a third party carry out any repairs to the faulty products.

The customer must notify KELVIN SA within 15 days of detecting a fault, providing a detailed explanation of the flaws detected.

In the event of resale of the products, the customer undertakes to inform the new purchaser of the rules for use of the product.

 

  1. Liability

KELVIN SA's liability is strictly limited to the obligations laid down in the "Order Confirmation", together with these Terms and Conditions.

  

  1. Force Majeure

 

KELVIN SA accepts no liability for delays (including to delivery or services) caused by circumstances beyond its reasonable control, and shall be entitled to an extension for their execution. Such circumstances shall include, but not be restricted to, strikes, acts of terrorism, war, transport, supply or production issues, exchange rate fluctuations, government action and natural disasters.

If the cause persists for more than two months, this agreement may be cancelled by either party, with no right to compensation.

 

  1. Subsidiarity

These Terms and Conditions shall apply unless otherwise specified in the Special Conditions, in which case the latter shall take precedence.

 

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