GENERAL SALES CONDITIONS
APPLICATION
The General Sales Conditions hereunder set forth the rights of the Seller (A. Leyva S.A.) and the Buyer. Placing an order implies the acceptance of these conditions by both parties. The present conditions will be applied unless a different agreement is reached between the two parties
CONTRACT CONDITIONS
Any order accepted by the Buyer will be considered firm and definitive. The Buyer has 10 working days, as of the date the order was placed, to communicate any change in writing; after such time has elapsed, the order will be accept by the Seller even if the Buyer does not sent a confirmation. The Seller is authorized to supply quantities inferior to those detailed in the order if circumstances beyond the Seller’s control may arise.
PARTIAL DELIVERIES
The order can be supplied in partial shipments.
DELIVERY DATES.
Delivery dates and all other dates are given as an indication. A delay can never be used as a reason for cancelation of the order and does not give right to compensation.
DAMAGE AND LOSS DURING TRANSPORTATION
See the INCOTERM specified in the order. Should it not be specified, the shipment is considered to be EXWORKS; therefore, the goods will be transported at the risk of the Buyer. In the event of damage, theft, total or partial loss, it is up to the Buyer to make claims to the forwarding agent within the time limit established by law, and to take any legal action.
CLAIMS
Claims placed by the Buyer relating to defective goods or quantities will be accepted only if previously communicated to A. Leyva, S.A. in writing within a period of ten days after the date the goods were received by the Buyer.
RETURNS
Returns will be accepted only if they were previously communicated to and authorized by A. Leyva, S.A. within the stipulated term. The items returned must come with the packaging, boxes, labels, etc. in which they were originally received and should be made using the forwarder specified by A. Leyva, S.A.
PAYMENT CONDITIONS
The basis for calculation of the invoice due date is the date the invoice was issued. Please refer to the payment conditions specified in the invoice itself.
DELAY IN PAYMENT
The delay in payment will result in the following:
The immediate claim for payment of all outstanding invoices, including any costs derived from returning goods, bank charges, or document costs.
Cancelation of pending deliveries, until the Buyer is up to date with his payments; at that point, A. Leyva S.A. may cancel the rest of the order or ship it, and the Buyer will be bound to accept it even if it is not within the established delivery term.
UNPAID INVOICES
In case of unpaid invoices, the Buyer will be obliged to pay to A. Leyva, S.A. the due amount and the corresponding legal interests.
AGENTS
Commitments made by our Agents shall be valid only upon written acceptance by A. Leyva, S.A.
THE “LEYVA” BRAND
The Buyer shall not use the “Leyva” brand as if it were his own brand or as if it were part of his brand, nor should he use the brand in such a way that customers are induced to think that the Buyer is the owner of the brand.
COPY OR REPRODUCE
In accordance to Law, the Buyer shall not totally nor partially copy or reproduce the models bought from or shown to him by A. Leyva S.A. Furthermore, the Buyer shall not transmit to third parties information that may allow them to copy or reproduce said models totally or partially. The items delivered to an establishment shall not be displayed nor sold in other establishments, unless there is an express written agreement with the Seller. The Buyer shall not give these items in any way to any retailer, wholesaler or semi-wholesaler nor to any type of channel of distribution or to any authorized distributor, unless there is an agreement with the Seller.
CANCELATION OF AN ORDER
A. LEYVA, S.A. is authorized to cancel an order, even after having sent an order confirmation, if a negative financial or commercial report about the Seller is received from a specialized entity or if the Buyer is not up to date with his payments to A. Leyva S.A.
RETENTION OF OWNERSHIP CLAUSE
Property of the goods shall be retained by the Seller until the Buyer has paid the price in full; furthermore, the Buyer shall be accountable for all the risks and liabilities on the goods, including those derived from force majeure. As a result of this clause, the goods must be reinstated immediately to us by simple claim. Should it be necessary, A. Leyva, S.A. is hereafter authorized to collect the goods in any location where they might be.
LITIGATION OR LEGAL DISPUTES
In case a legal dispute may arise, the sole court having jurisdiction shall be the Court of Linares or Jaen, Spain.