Terms of Sale
Payment Terms
The applicable payment terms are expressly set out in this quotation and shall govern the specific transaction to which it relates..
(Bank details: SWIFT CAIXESBBXXX – IBAN ES77 2100 2012 62 0200015962)
In the event of any delay in the payment of any of the agreed amounts, Dis-per Albero, S.L.L. shall be entitled to suspend the manufacture, delivery and/or installation of the goods until such payment is duly regularised, without giving rise to any right to compensation or any adjustment to agreed timeframes.
Delivery and Invoicing
Upon total or partial delivery of the goods, the corresponding delivery note shall be issued. The goods shall be invoiced upon completion of the installation (if applicable) or, where no installation is included, upon delivery of the goods. The invoice shall include the applicable tax in force at the time of issuance.
Delivery shall be deemed to have taken place when the goods are made available to the purchaser at the premises of Dis-per Albero, S.L.L. or at the agreed place of destination. Any partial delivery may be subject to partial invoicing.
Risk in the goods shall pass to the purchaser upon delivery, even if installation has not yet been completed.
Electrical and Home Automation Connections
Electrical and home automation connections must be carried out by a specialised third-party company. Accordingly, such connections are not included as part of the installation services provided by Dis-per Albero, S.L.L., which shall carry out exclusively the works expressly described in the quotation..
Electrical and home automation connections do not form part of the scope of works of Dis-per Albero, S.L.L. and are not considered part of the installation. Consequently, Dis-per Albero, S.L.L. shall accept no liability whatsoever for defects, malfunctions or incidents arising from such connections or from the actions of third parties performing these works.
Scope of the Quotation
Any materials or works not expressly included in the quotation are automatically excluded. Any extension or addition to the contracted scope shall be invoiced separately. Any modification or extension of the quoted works must be requested in writing and expressly accepted by Dis-per Albero, S.L.L., which shall issue a supplementary quotation where applicable.
Delays Due to Force Majeure
In the event of force majeure or circumstances beyond the control of Dis-per Albero, S.L.L., including but not limited to disruptions in the supply of materials, strikes, logistical incidents or extreme weather conditions, the delivery and installation deadlines shall be automatically extended for the duration of the impediment, without any right to compensation or penalties in favour of the purchaser.
Construction Delays Attributable to the Purchaser
Where installation cannot be carried out as scheduled due to construction delays attributable to the purchaser, installation shall be subject to rescheduling in accordance with the installation programmes of Dis-per Albero, S.L.L. In such cases, the costs incurred by Dis-per Albero, S.L.L. as a result of such delay shall be subject to renegotiation.
The purchaser shall bear the costs arising from storage of the goods, immobilisation of equipment and rescheduling of human resources, without prejudice to Dis-per Albero, S.L.L.’s right to apply Clause 9 relating to advance invoicing.
Retention of Title
Ownership of the goods shall remain with Dis-per Albero, S.L.L. until full payment of the price has been received. Notwithstanding the foregoing, the risk of loss or damage shall pass to the purchaser upon delivery, even if installation has not been completed.
In the event of non-payment, Dis-per Albero, S.L.L. shall be entitled to recover the supplied goods without the need for prior judicial demand, with the purchaser bearing the costs of removal, transport and reinstallation.
Impossibility of Installation Due to Causes Attributable to the Purchaser
Where, for reasons beyond the control of Dis-per Albero, S.L.L. and attributable to the purchaser—including, by way of example and without limitation, delays in construction works, lack of preparation of the support or installation area, absence of required service connections, or any other circumstance preventing proper execution of the works—the installation of the contracted product cannot be carried out on the scheduled date, Dis-per Albero, S.L.L. shall be entitled to invoice the agreed amounts in accordance with the established payment terms, even if installation has not been performed.
In such case, five per cent (5%) of the total amount pending invoicing shall be retained as a guarantee in favour of the purchaser and shall be payable once installation has been completed.
Furthermore, the purchaser shall bear the costs arising from the storage, handling and safekeeping of the goods for the period during which they remain at the premises of Dis-per Albero, S.L.L., provided that such delay is not attributable to the latter.
Jurisdiction
The contracting parties expressly submit to the exclusive jurisdiction of the Courts and Tribunals of Palma de Mallorca in relation to any matters arising from this quotation, any subsequent contract and the corresponding order.