Below, the terms and conditions applicable to the offers issued by DYMSA INGENIERIA S.L.:
- The approval of the offer implies the express acceptance of conditions indicated herein.
- In the case that this proposal is for the supply of equipment or materials, the responsibility for the operation of the equipment, parts or materials as a whole is excluded if the start-up is not carried out by DYMSA INGENIERIA S.L. personnel.
- In the case of the supply of feeders (IPF), vision cameras, robots, etc., leveling and alignment are the responsibility of the client unless otherwise specified in this offer. (Failure to comply with this point may lead to malfunctioning of the feeders).
- The offer does not include the hiring of the third parties of the Approved Inspection Body (AIB) as OCA’s type, or external verification services, unless expressly indicated, and, therefore, must be assumed by the client.
- Ownership of the supplied components will be DYMSA until full payment of the project.
- DYMSA INGENIERIA’s terms of acceptance may be modified without the aforementioned deadline being met, as long as there are conditions (such as war, catastrophe in general, changes in raw material prices, currency exchange rate fluctuations, and the like) that make it economically unviable or very burdensome for DYMSA INGENIERIA S.L. to maintain the initially agreed conditions or that result in an increase of the indicated price of 5% or more. In this case, DYMSA is recognized the right to cancel the Order.
- All orders must be previously accepted by Dymsa at the start of the work.
- Orders accepted by DYMSA INGENIERIA have the quality of commercial sales contracts. Consequently, they cannot be cancelled without just cause by either party, or can the buyer return the goods without DYMSA INGENIERIA’s consent.
- The prices fixed in DYMSA’s order acceptance will not be subject to revision, unless one of the following events occurs: If the material is imported, those factors beyond DYMSA’s control vary, such as (but not limited to) tariffs, taxes or fluctuations of more than 10% over the initially issued / accepted offer. It should be noted that DYMSA INGENIERIA products contain materials with fluctuating prices (gold, platinum, copper and other precious or semi-precious metals).
- The client is committed to the delivery of the necessary documentation for the normal design and development of the works that are described.
- Delivery time will be reviewed upon receipt of the order.
- The delivery time will be counted from the receipt of the order and delivery of all documentation necessary to start the work.
- Delays beyond DYMSA Ingeniería’s control, such as validation periods by the client, delivery of specifications and/or samples, etc., will not be counted in the delivery time.
- All orders must be previously accepted by Dymsa at the start of the work.
- The client agrees to deliver the necessary documentation for the correct design, development and planning of the work, in a timely manner, and to collaborate with DYMSA Ingeniería in whatever it reasonably requests.
- DYMSA will have the ability to revise the offer or quote a new one if any of the following situations occur:
- If the customer modifies the initial specifications after the offer has been approved.
- Design changes and/or reworks caused by errors in the costumer documentation.
- Request changes in the project after approval and imply changes or improvements in this.
- Any changes requested after the start-up/commissioning.
- Labour of installation and start-up/commissioning outside of the timetable (Monday-Friday) (not holydays/days off) and work schedule (8h-20h) of DYMSA.
- During start-up:
- The client undertakes to have all the necessary components for the carrying out of tests, as well as the personal necessary for the execution of the same ones and their validation.
- The start-up/commissioning will be carried out with the full disposition of the machines and/or production lines necessary for the realization of the same ones and in a continuous way.
- DYMSA is not responsible for any loss, production line stops, and others generated by the implementation of the works referred to in the offer.
- DYMSA will not allow penalties in budgets for delays in the delivery of machinery.
- The intellectual property of the systems developed will be of DYMSA, being able DYMSA to advertise results obtained.
- Any agreement that is not part of this offer is excluded. Any agreement will require our written confirmation. Without such confirmation, it will not be accepted. The sending of the proforma, official order or document that expresses the intention to purchase the project, equipment or equipment, materials or consumable parts, by the client, and which refers to the number or partial or total description of this offer will be considered as acceptance of all the conditions reflected herein by the applicant (the client).
- Until the CLIENT has made full payment for the price of the supplied elements (hereinafter, the «Concept»), including any additional costs, ownership of the Concept shall remain with DYMSA INGENIERÍA S.L. (hereinafter, «DYMSA»).
- The CLIENT shall have possession and use of the Concept from the time of delivery, but may not transfer ownership, encumber it, or dispose of it in any way until full payment of the price has been made.
- The risks of loss or damage to the Concept shall be borne by the CLIENT from the time of delivery.
- The CLIENT is obligated to pay the price of the Concept in the manner and timeframe agreed upon.
- In the event of the CLIENT’s failure to pay the price, DYMSA may:
- Reclaim Ownership of the Concept: DYMSA may repossess the Concept without the need for judicial authorization, and the CLIENT shall immediately return it.
- Terminate the Contract: DYMSA may terminate the sales agreement and claim compensation for any damages caused.
- All costs associated with the recovery of the Concept or the termination of the contract shall be borne by the CLIENT.