Terms and conditions of supply and payment
These terms and conditions govern the operation of the sales service provided by ELITE Machines SLU (hereinafter: ELITE) and the customer (hereinafter: CUSTOMER). These terms and conditions are available at www.elite.es/en/saleterms.
All supplies and services, as well as special contractual agreements, are based on these terms and conditions. Any modification of these terms and conditions must be authorized in writing by an authorized representative of ELITE.
The supplier's terms and conditions also apply to all subsequent orders.
1. Offers
1.1. ELITE offers are non-binding. The order is considered accepted once ELITE has confirmed it in writing to the CUSTOMER. This can also be done by means of a delivery note or invoice. In the case of an ELITE offer with a specific validity period that is accepted within the time limit, this offer is decisive if there is no confirmation of the order within the specified time. In the case of orders for immediate delivery, a verbal agreement, delivery note, or invoice shall also be considered as confirmation of the order. The above changes shall only be valid if they have been confirmed in writing by ELITE. Any objection to the confirmation must be made immediately.
1.2. The documents that form part of the offer, such as figures, plans, weights, measurements, etc., are only approximate unless they are expressly stated to be binding. The same applies to data such as power and consumption. ELITE reserves unlimited ownership and copyright rights to estimates, plans, and similar documents in physical or electronic form, which may not be made available to third parties. ELITE undertakes to make plans or data declared confidential by the CUSTOMER available to third parties only with the CUSTOMER's authorization.
2. Prices and payment method
2.1. Unless otherwise agreed, prices are considered ex works, including loading at the factory, without packaging or transport and unloading costs, plus applicable taxes. The latest ELITE price list always applies.
2.2. The maximum payment term shall be 60 days from delivery within Spanish territory.
2.3. The CUSTOMER may only withhold payments or offset them against any claims if these are not disputed by ELITE.
2.4. Bills of exchange will only be accepted if agreed in advance and will only be considered as payment once they have been honored. All expenses shall be borne by the CUSTOMER. Any payment extensions granted shall not affect the obligation to pay interest.
2.5. If, after signing the sales contract, ELITE becomes aware of a significant deterioration in the CUSTOMER's financial situation, ELITE shall be entitled to request advance payment, withhold deliveries, and/or cancel the contract, even if financing is in progress.
3. Delivery time, delay in delivery
3.1. The delivery period begins with the issuance of the order confirmation by ELITE, but not before the delivery of the documents and instructions to be made available to the buyer regarding technical details, authorizations, or agreed-upon payments on account.
3.2. The delivery period is met if, at the time of its expiry, the goods are ready for dispatch.
3.3. In all cases where ELITE is unable to meet the delivery period for reasons beyond its control (e.g., force majeure, strike, shortage of raw materials, etc.), the delivery period may be extended upon notification to the CUSTOMER.
3.4. In the event that ELITE exceeds the indicated delivery period, ELITE shall only be in default after 30 days of the indicated period. If a claim for damages can be made, this amount is limited to 0.5% for each week of delay up to a maximum of 5% of the total value of the supply.
3.5. In the event of non-acceptance at the time of delivery, ELITE may demand compensation for non-performance.
3.6. If, after an extension of four weeks following notification that the goods are ready for shipment, the CUSTOMER is still delayed in receiving the goods ordered, ELITE may withdraw from the contract and demand compensation for damages in the amount of 30% of the order value. ELITE reserves the right to claim further damages. The CUSTOMER has the right to verify that no damage has occurred or that the total amount indicated is correct.
3.7 Once four weeks have elapsed since notification that the goods are available for shipment, and without prejudice to the possibility of withdrawal or compensation provided for in section 3.6, ELITE may charge the CUSTOMER storage costs at a rate of €10/day, which will be invoiced separately. These charges will be applied from the day after the collection deadline until the goods are actually collected or until ELITE withdraws from the contract in accordance with section 3.6.
3.8. If ELITE anticipates that the order cannot be supplied within a reasonable period from the expected delivery date, or the product cannot meet the characteristics offered in the order, ELITE may cancel the order, refunding the total amount paid or advanced by the customer without the customer being able to claim compensation or interest on the payment or the goods.
4. Transfer of risk, receipt, and assembly
4.1. The risk passes to the CUSTOMER at the latest upon shipment of the supplied parts, even if partial deliveries are made or if ELITE also takes care of other services (e.g., shipping or transport and installation costs). At the buyer's request, we will insure the shipment at their expense against theft, breakage, transport damage, fire, water, and other insurable risks.
4.2. If shipment is delayed due to circumstances attributable to the CUSTOMER, the risk passes to the CUSTOMER from the day the goods are ready for shipment. ELITE is authorized to invoice the goods.
4.3. Partial deliveries are permitted provided that they do not entail excessive costs for the CUSTOMER.
4.4. Assembly, commissioning, and demonstration work shall be paid for separately. Preparation, travel, and waiting times shall be invoiced as working time. Before the arrival of the technicians, the necessary structure for the equipment must be prepared at the installation site.
If necessary, our technicians must be provided with the necessary lifting equipment, personnel, assistants, etc., free of charge. The agreed working hours do not include public holidays.
5. Retention of title
5.1. The goods supplied by ELITE shall remain the property of ELITE until full payment of all debts, including any bills of exchange.
5.2. ELITE is authorized to demand that the goods be insured against theft, breakage, or damage by the CUSTOMER until the debt has been paid in full.
5.3. The CUSTOMER may not transfer or sell the goods until full payment has been made. In the event of seizure, confiscation, or other dispositions by third parties, the goods shall remain the property of ELITE until the debt incurred by the CUSTOMER has been paid in full.
5.4. In the event of breach of contract by the CUSTOMER, particularly in the event of late payment, ELITE is authorized to collect the goods, and the CUSTOMER is obliged to hand them over.
6. Claims for defects
6.1. All parts that prove to be defective as a result of circumstances arising prior to the transfer of risk shall be repaired or replaced at ELITE's discretion. The discovery of such defects must be reported immediately to ELITE in writing. Replaced parts shall become the property of ELITE.
6.2. The CUSTOMER, subject to agreement with ELITE, shall allow ELITE the time necessary to carry out all repairs and replacement supplies it deems necessary. Otherwise, ELITE shall be exempt from liability for any consequences arising therefrom.
6.3. The costs incurred for repair or replacement shall be paid by ELITE as soon as the claim is justified.
6.4. The CUSTOMER has the right to terminate the contract, within the framework of legal regulations, if ELITE (taking into account legal exceptions) allows an adequate period of time to pass for repair or replacement due to a defect in the material. If the defect is only minor, the CUSTOMER is only entitled to a reduction in the contract price.
6.5. No warranty is granted in the following cases:
Incorrect or inappropriate use, incorrect assembly or commissioning by the CUSTOMER or third parties, normal wear and tear, incorrect or negligent handling, inadequate maintenance, inadequate service products, chemical, electromagnetic, or electrical influences. Provided that these are not caused by ELITE.
7. Liability
7.1. ELITE is liable for damage not caused by the delivered item itself, regardless of the legal grounds, only if:
- in the case of intentional fault
- in the case of undue infringement of life or health
- in the case of maliciously concealed defects
Other claims are excluded.
8. Warranty, limitation period
All claims by the buyer, regardless of their legal basis, expire 12 months after delivery of the goods. This also applies to defects in a work or in the items supplied that have been used for a work.
9. Return policy, right of withdrawal
The CUSTOMER has the right to return the purchased products if, having purchased a product in stock, the return is communicated within 14 days of receipt of the goods by the CUSTOMER. In this case, the return, shipping, and handling costs will be deducted from the total value of the product.
Exceptions to the right of withdrawal: In the case of products manufactured to order or designed specifically for the customer, returns will not be accepted.
10. Use of software
If software is included in the delivery, the CUSTOMER is granted a non-exclusive right to use the software supplied, including its documentation. Its use on more than one system is prohibited.
The CUSTOMER may only copy the software for backup purposes. No other modification or use is permitted without the express permission of ELITE.
11. Applicable law
The relationship between ELITE and the CUSTOMER shall be governed, for all purposes, by Spanish law.