OFFER CONDITIONS

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.
  • The delivery schedule will be reviewed upon receiving the order. If the project involves a concept design review, the delivery time will be reassessed after the design is approved.
  • 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, along with the right to rescind in accordance with the provisions of the Intellectual Property Law.
  • 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.
  • CE – Clause 1: Scope of Risk Assessment and CE Declaration.
    DYMSA INGENIERÍA S.L. commits to conducting a comprehensive risk assessment of the subject of this offer, provided that the following conditions are met:
    • Integral Manufacturing: DYMSA INGENIERÍA S.L. must be the sole manufacturer of the equipment or system to issue a CE declaration.
    • Substantial Modifications: For modifications to equipment not manufactured by DYMSA, these must represent at least 85% of the equipment (considering the electrical panel as 100%) to issue a CE declaration as the manufacturer.
    • Minor Modifications: For modifications less than 85%, a risk assessment will be conducted for the added component, and a CE declaration will be issued for this component alone. However, a CE declaration for the entire integrated machine will not be issued by DYMSA INGENIERÍA S.L. DYMSA INGENIERÍA S.L. reserves the right to request the client to provide the necessary documentation for this assessment. If the client requires it, the scope and cost of a CE declaration for the resulting assembly will be evaluated separately.
    • Integration into Third-Party Lines: DYMSA INGENIERÍA S.L. is not responsible for the integration of its equipment into third-party lines, unless explicitly agreed upon and documented in the contract.
  • CE – Clause 2: Client Documentation.
    • The client commits to providing DYMSA INGENIERÍA S.L. with all the necessary technical documentation for the risk assessment, including plans, electrical, pneumatic, and/or hydraulic diagrams, instruction and user manuals, as well as the original risk assessment and file. If the documentation is insufficient or outdated, DYMSA INGENIERÍA S.L. reserves the right to request the client to prepare new documentation at their expense.
  • CE – Clause 3: Client Responsibility (if DYMSA INGENIERÍA S.L. is not the manufacturer)
    • The client is solely responsible for the final CE declaration of the equipment or system, even if DYMSA INGENIERÍA S.L. has conducted the risk assessment.
    • The client commits to complying with all applicable regulations regarding occupational safety and health, as well as the provisions of Directive 2006/42/EC on machinery.
  • CE – Clause 4: Exclusion of Liability
    • Any modification, alteration, or addition to the machinery supplied by DYMSA Ingeniería S.L. that may affect its conformity with applicable regulations, particularly the Machinery Directive 2006/42/EC, shall release DYMSA Ingeniería S.L. from any liability arising therefrom, including but not limited to, any regulatory non-compliance, damage to persons or property, or loss of warranty.
    • DYMSA INGENIERÍA S.L. is not liable for damages caused by the misuse of the equipment or system, or by the client’s or third parties’ failure to comply with safety regulations.
    • DYMSA INGENIERÍA S.L.’s liability is limited to the services specified in this contract.

WARRANTY

The warranty period offered for the proposed work and/or the materials to be supplied, as well as the procedures for claiming the warranty if necessary, are described in the following points:

• In commercial components the guarantee is covered by the manufacturer/supplier itself, which will determine whether the defect is covered or not.
• In the event of design and manufacturing defects, Dymsa Ingeniería will grant 1 year warranty from commissioning.
• Labour of the replacement of components is not covered by the warranty. Also, DYMSA will not cover trip, diets and needed overnight stay in the intervention of replacement of elements in warranty.
• The warranty does not cover the replacement of items that are considered by nature to be wear parts.
• Interventions on the equipment after the implementation and validation of the machine will not extend the warranty.
• Defects arising from interventions or modifications made by the customer or third parties other than DYMSA, as well as those due to poor maintenance, are excluded from the warranty.
• The customer must communicate to DYMSA in writing, and as soon as possible, the failures or risks of failure.