General terms and conditions of sale
February 3rd 2023 - Revision 3
FIRST. Our prices are net prices according to the rates in force, and may be subject to revision depending on the variations of such rates in force on the date of supply.
The aforementioned prices do not include any taxes levied on the aforementioned sale, which shall always be for the account and at the expense of the purchaser.
SECOND. The terms of payment shall comply with the provisions of Law 15/2010, of July 5, amending Law 3/2004, of December 29, establishing measures to combat late payment in commercial transactions, without exceeding in any case the maximum periods established therein.
THIRD. Our supply does not include those materials and services that have not been expressly confirmed in writing by ATLAS COPCO, S.A.E.
FOURTH. No responsibility is accepted for delays in delivery due to causes beyond our control or due to extraordinary and unforeseeable circumstances.
FIFTH. Our material is guaranteed against any manufacturing or design defect, obliging us to replace the defective parts, subject to justification before our technical department of the appropriate claim. Our warranty does not cover elements of normal wear and tear, such as gaskets, seals, diaphragms, hoses, etc. In case of manipulation or modification of the material, which is outside our written authorization, this warranty is void.
SIXTH. The purchaser undertakes to insure the material against the risks of transport, unless, with the prior written agreement of ATLAS COPCO, S.A.E., it has agreed to cover such insurance.
SEVENTH. The material travels at the risk and expense of the buyer. ATLAS COPCO, S.A.E. shall pass on in the invoice the expenses corresponding to postage and packaging.
EIGHTH. ATLAS COPCO expressly reserves ownership of the product until full payment by the buyer of its price, expenses and applicable taxes.
NINTH. In order to compensate the costs derived from each order, ATLAS COPCO, S.A.E. shall invoice a minimum amount per order and shall not accept the return of the material, unless expressly agreed otherwise in writing.
TENTH. Failure to pay the invoice on its due date shall automatically entail a monthly interest charge for late payment on the amount not paid until its effective payment.
ELEVENTH. Any liability of ATLAS COPCO, S.A.E. shall in any case be limited to the value of 100% of the price. ATLAS COPCO S.A.E. shall never be liable for indirect and consequential damages such as, but not limited to, loss of profit, profit, contracts and/or production.
TWELFTH. The final holder shall be responsible for the delivery of the container to an authorized manager for proper environmental management.
THIRTEENTH. ATLAS COPCO S.A.E. is registered in the Registry of Producers of Electrical and Electronic Equipment (RII-AEE), with WEEE No. 6010, and of Batteries and Accumulators (RII-RPA), with RPA No. 1293.
FOURTEENTH. These General Conditions and the Order shall be governed by Spanish law. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods (the Vienna Convention).
ATLAS COPCO, S.A.E. and the buyer, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of Madrid to settle any difference in relation to the execution or interpretation of the General Conditions and the Order.
FIFTEENTH. Any offer will be legally binding on us only after you have received our written acceptance of any order from you based on such offer, and we may withdraw our offer at any time.
By placing the order, you certify that the order will not be used for any purpose related to chemical, biological or nuclear weapons, or missiles capable of delivering such weapons, or for any other purpose prohibited by applicable law.
By placing the order, you certify that you will comply with applicable local and international foreign trade and customs requirements or any embargoes or other sanctions.
You will notify us immediately in writing of any breach of this statement.
We shall not be obligated to perform a binding order or agreement or any part thereof or related thereto, nor shall we be liable for any failure to perform, if such performance is prevented by any impediment arising from applicable local and/or international foreign trade and customs requirements or any embargo or other sanctions.
We shall be entitled to terminate a binding order or agreement or any part thereof or related thereto, with immediate effect and without notice, if performance is prevented by any impediment arising from applicable local or international foreign trade and customs requirements or any embargo or other sanctions.
The customer shall indemnify us for any direct or indirect damages resulting from the breach of this declaration.
SIXTEENTH. Basic information on Data Protection:
- Responsible: Atlas Copco S.A.E.
- Purpose: Accounting, fiscal, administrative and customer billing management and subsequent processing.
- Legitimation: Execution of contract/order.
- Recipients: We inform you that, unless legally required or with your express consent, Atlas Copco S.A.E. will not transfer your data to third parties.
- Your rights: Access, rectification and deletion of data, as well as other rights, as explained in the additional information.
- Additional information: You can consult our additional detailed information on data protection on our corporate website https://www.atlascopco.com/es-es/legal-notice.