Terms and Conditions
1. Scope
The following General Terms and Conditions apply to all products and services provided by GENERAL MACHINES TECHNOLOGY S.L. (‘Seller’) including but not limited to the sale solely of used IT equipment and any other product, and to all future business relationships even in the absence of an explicit agreement to that effect. Any conditions of the Buyer that contradict or deviate from these General Terms and Conditions will not be recognized unless their validity has been explicitly agreed in writing. These Conditions of Sale also apply if the Seller supplies goods and/or services to the Buyer without reservation despite being aware of contradictory or divergent conditions provided by the Buyer.
2. Formation of Agreement
2.1 All Proformas and legally binding declarations must be signed by the buyer in order to be legally valid and confirmed.
This also applies to any additions and amendments.
2.2 Oral collateral agreements and assurances are not valid.
3. Prices
3.1 Unless the proforma invoice/order/invoice specifies otherwise, our prices are quoted net for dispatch from the Seller’s address as specified in the contract of sale.
The Seller shall package the goods in packaging suitable for transportation.
3.2 Our prices do not include statutory VAT. VAT will be calculated at the rate applicable on the day of invoicing and shown separately on the invoice. VAT is due and payable to the Seller unless the Buyer presents confirmation of export to the Seller. If the Buyer presents the export certificate (EUR 1 or DUA) to the Seller only after payment of VAT, the Seller shall refund the VAT to the Buyer. If the transportation is made effective by the seller, the seller will present the export certificate to the authorities.
3.3. If the Buyer presents a valid VAT number (only European Union) the VAT will not be charged under any case.
4. Payment Terms
4.1 The purchase price is payable via bank transfer, PayPal, or credit card.
4.2 The equipment detailed in the proforma must have a defined Incoterm. In case it is not defined, the incoterm used will be EXW (Ex works).
4.3 Payment shall be made in the currency in which the sale was invoiced.
4.4 The goods will not be dispatched or collected until the entire purchase price amount has been deposited into the Seller’s account or until the Seller has received confirmation from the bank executing the transaction that the transfer has been requested and carried out in full, unless it is agreed any kind of credit, or unless the terms of payment agreed between both parties agree to ship the goods without the entire payment in advance. If the Buyer is in default of payment, the Seller reserves the right to charge default interest at the statutory rate. The Seller reserves the right to claim for greater losses because of the default if they can be shown to have occurred. The rights afforded by clause 8 remain unaffected. The Seller reserves the right to make additional claims.
4.5 The Company reserves the right to withdraw credit terms if a net 30-day customer fails to settle invoices in a satisfactory manner.
4.6 All Customers with a Partner Agreement will be provided with a net 30-day account.
4.7 Customers may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim to which the Customer may at any time be entitled.
4.8 The Company reserves the right to charge interest on overdue accounts at the rate of 2% per month.
4.9 The Seller will inform the Buyer of the date on which the equipment will be available for collection or delivery (Load Date). If the Buyer delays in taking receipt of the goods or is in culpable breach of other obligations to cooperate, the Seller reserves the right to invoke clause
4.10 The Seller reserves the right to make additional claims.
4.11 If requested by the Buyer, the Seller can – at the Buyer’s expense – send the equipment to an address specified by the Buyer, although it is not obliged to do so.
4.12 The Buyer is only entitled to exercise a right of set-off if its counterclaims have been confirmed by a non-appealable court decision or are uncontested or are recognized by the Seller. The Buyer is entitled to exercise withholding rights only regarding receivables arising from the same legal relationship that are uncontested or have been confirmed by a non -appealable court decision.
4.13 Any bank commission generated by any economic transaction will be covered by the Buyer, and the Seller reserves the right to charge these commissions in the invoice after informing the Buyer.
4.14 Specific Payment Terms:
4.14.1 New Customers/First Deal:
The first deal with a new customer (no previous purchase from GM TECHNOLOGY S.L.), will be 100% in advance without any exception.
4.14.2 Active Customers: The active and current customers will have individual and specifically agreed payment terms between the Seller and the Buyer.
4.14.3 Those customers willing to get credited payment terms might be asked to provide financial statements of the previous years to support the application to the credit insurance company.
4.14.4 Credit terms might be withdrawn in case the Buyer does not fulfil the agreement for one or more occasions.
5. Partial Deliveries, Returns and Restocking, Packing costs.
5.1 The Seller is entitled to make partial deliveries under previous agreement and confirmation with the buyer. Shipping conditions need to be agreed as well.
5.2 Returns will only be accepted with prior written approval and must be requested within thirty (30) days from the date of delivery. Unauthorized returns will be refused.
Defective or Damaged Products:
In the event that a product is received damaged or is later found to be defective, the Customer may submit a request for return. Upon return, the product will be subject to inspection and testing by the Supplier. Should the product be confirmed as defective due to manufacturing fault, a credit note will be issued for the full value of the product. No cash refunds shall be made; only credit notes applicable to future purchases will be provided.
Returns of Undamaged Products in Perfect Condition (Restocking):
Customers may request to return undamaged products that are in perfect, resalable condition. Such returns shall be subject to the prior written consent of the Supplier and acceptance upon inspection. Products must be returned unused, unaltered, in original packaging, and accompanied by all accessories and documentation.
Approved returns of undamaged goods shall be subject to a restocking fee, and credit notes will be issued as follows:
- For Partners with an Official Contract: 70% of the original product value will be credited.
- For all other Customers: 50% of the original product value will be credited.
The remaining value shall cover restocking, administrative, and handling fees.
In all cases of restocking, the Customer shall bear full responsibility for all transport and return shipping costs.
5.3 No order except full container loads of printing devices will have packing cost applied in the contract of sale, unless agreed previously. Costs to be applied are as follows:
5.3.1 20 feet container with double wood floor: 450€
5.3.2 20 feet container with only half wood floor: 300€
5.3.3 20 feet container with single floor: 150€
5.3.4 40 feet container with double wood floor: 600€
5.3.5 40 feet container with only half wood floor: 450€
5.3.6 40 feet container with single floor: 250€
6. Intra-Community Deliveries (Entry Certificate)
6.1 For deliveries made from Spain to other countries within the European Community (intra-Community deliveries) the Seller will not add VAT to the amount charged to the Buyer insofar as the deliveries are exempt from VAT un. The Buyer shall at the Seller’s request provide proofs of delivery and other documents required under Spanish VAT law as proof of exemption from VAT. The entry certificate will be produced by the Seller and made available to the Buyer who will inspect it and confirm to the Seller that it is correct for every delivery.
6.2 The Buyer shall without being requested to do so inform the Seller of its VAT registration number and any changes to it and shall provide the Seller with information regarding its capacity as businessperson, the transportation of the delivered good s, the use to which they will be put, and the Buyer’s duty to report statistics.
6.3 If the Buyer fails to provide some or all the necessary information/documents described in clauses 6.1 and 6.2 it will be liable for any resulting losses, expenses and costs incurred by the Seller, especially Spanish VAT and any additional charges. Documents such as the CMR or Custom Clearance will be requested by the Seller to confirm the exportation of the goods.
6.4 The Seller will not be liable for the consequences of the Buyer failing to supply details or supplying incomplete or incorrect details except in cases of intent or gross negligence on the part of the Seller.
7. Export
7.1 The Buyer is responsible for obtaining any necessary export licenses unless the Seller is required to do so by statute or by a final, non-appealable administrative decision or court ruling. If the Seller is responsible for obtaining the license(s), the Buyer shall provide whatever assistance is necessary for this purpose.
8. Withdrawal and Compensation
8.1 The Seller reserves the right to withdraw from the contract in the following instances without prejudice to any of its other rights:
a) If the Buyer does not pay the purchase price within ten days of the availability date specified in the contract of sale or if
within three days no bank confirmation of a completed payment transfer has been provided.
b) If the circumstances provided for in clause 4.4 apply and the Buyer has not taken full receipt of the goods within seven days
of the availability date specified in the contract of sale.
c) If the Buyer acts contrary to the assurance provided in 7.2 or is in breach of its obligation to cooperate as per 7.1 sentence 2.
8.2 The Buyer shall compensate the Seller for any loss incurred, including, but not limited to, any profit lost, as a result of the equipment being sold at a lower purchase price. The Buyer shall furthermore be liable for the costs of storing the equipment until such time as it is remarketed and collected, these costs to be charged at the rate of €10.00 per day per pallet plus a one- off administration charge of €250.00 per order. If the Buyer fails to collect the equipment, the same storage costs will be charged to the Buyer until it is collected.
8.3 The Buyer reserves the right to produce proof of lesser loss.
9. Transfer of Risk
Risk passes to the Buyer when the object of purchase is collected or, in the circumstances provided for in clause 4.5, transferred to the haulage operator. Insofar as the circumstances described in clause 4.4 apply, the risk of accidental destruction or accidental deterioration of the object of purchase will pass to the Buyer as soon as it defaults on acceptance of or payment for the object of purchase.
The Buyer is liable for all transport-related costs and risks from the moment of the transfer of risk. These costs include, but are not limited to, transport costs, customs and excise duties, taxes and other public charges, costs for customs formalities for import and export, insurance, and costs for loss, damage, delays, etc.
These costs will be assigned to the Seller when the incoterms are CFR, CIF, DAP and the transportation has been organized by the Seller. If the transportation is managed by a third party not arranged by the Seller, all transport-related costs shall be liable of the Buyer.
10. Reservation of Title
The Seller retains ownership of the object of sale until receipt of all payments arising from the business relationship with the Buyer.
11. Applicable Law, Place of Jurisdiction, Place of Performance, and Partial Invalidity
13.1 These terms of business and all legal relations arising between the Seller and the Buyer are governed by the law of Spain. Any contingency will be disputed in The Courts of Seville (Spain)
