Terms and conditions
GENERAL TERMS OF THE CONTRACT
AMERICANA DE BATERÍAS, S.L.
1 Terms of delivery and payment
We deliver throughout the Iberian Peninsula, the Balearic Islands and the Canary Islands. All peninsular deliveries are free of charge. Within the province of Pontevedra we have morning-afternoon delivery service, the transit time outside the Pontevedra peninsula will be between 48 and 72 hours, the above may vary depending on the time and day of placing the order or for any reason of cause greater.
Forms of payment by card, PayPal and electronic transfer are free of charge
Batteries will be shipped once payment is received unless otherwise agreed.
For deliveries in the Canary Islands and outside Spain please contact us in advance via the contact telephones: +34986336869 or info@AmericanaDeBaterias.com
2 Contract/Order Process
Any order can be placed online or by calling any of our numbers.
After filling in the required details and sending the order request your purchase will be registered in our database. The order has the same validity, no matter if it is placed online or by phone. To place an order, we must accept our terms of sale and data protection policy.
By sending the "order confirmation" our customer is confirmed to record the order in the database; this confirmation does not represent acceptance of the order. The contract becomes valid with the receipt of the credit memo of the order.
3 Return advice
To benefit from the act of return you must notify us within 7 days from the time of goods are received.
For advice, please contact:
American Batteries SL, CIF B27856772
Av. Domingo Bueno 132, 36400, Porriño
Contact Phones: +34986 336 869
4 Legal consequences of repayment
For a return to be valid, both parties have to collaborate. On the one hand, the customer has to return the goods and on the other our company has to reimburse the customer. Everything mentioned above does not apply if the case is closed or if the goods are damaged or used. Avoid unnecessary costs by alerting them if the goods are damaged or used.
You will be responsible for the costs of return and delivery.
Warranty arrangements are completely free
5 Property reserve
The merchandise remains our property until full payment of everything, including future debts incurred against the buyer arising from the business relationship. In order for the reservation of ownership to be valid, we have the right to require the immediate return of the goods without replies, unless it is a legal notice.
6 Portal Web
We do not guarantee that our website meets your requirements and that it is available at all times without interruption, on time, safe and error-free. The use of the website will be at your own risk; We assume no responsibility especially for the results that may be obtained through the use of Internet portals and for the accuracy of the information obtained in the framework of Internet portals.
7 Intellectual property protection
Creative content on the Website, for example, texts, photographs, graphics and videos as well as the database are subject to the protection of copyright law and other rights of protection. The content of the Website may not be copied, disseminated, modified or made accessible to third parties. To the extent not otherwise indicated, all trademarks on our Website are protected by trademark law. Our Website does not grant any license to use intellectual property by us or third parties.
8 Information - High
To register on our Website you must indicate some of the personal data such as: the name and the address. This data will be stored in our database and can be changed later from. After registering, you will receive a password and name for your account by email. You will need to ensure that no other person has access to your password or account. Both contractual parties may terminate the account at any time without having to explain. For our part, when deregistering an account all stored data will be deleted.
GENERAL CONDITIONS OF THE CONTRACT
AMERICANA DE BATERÍAS, S.L.
I. - Scope of application-
These general conditions of contract will be applicable to any contract that is made between AMERICANA DE BATERÍAS,S.L. hereinafter "the Company" within itsactivity, that is, the purchase-sale,import, export and distribution of energy accumulators and their accessories and waste producer with which hereinafter will be called "the Customer" or the "supplier" or "contracts" or "subcontracts".
These general conditions of contract may onlybe modified by written agreement betweenthe parties, so that the clauses or conditions that appear, printed or handwritten, in the orders, quotes, letters or other documents issued by the Client will be invalid in this sense.
The modification by AMERICANA DE BATERÍAS,S.L. of these general conditions of contract will not affect contracts already perfected. These general conditions of contract are public and are communicated to customers by postal mail, electronic mail, telephone communication or other means that the Company chooses, and it will not be necessary to communicate them to customers, suppliers and subcontractors each time a contract is made, it will be enough to communicate them once since they are the same for all operations except in writing agreement to the contrary.
In any case, and so that the Client cannot allege the lack of communication of the same, they are at your disposal in the offices of the Company located in Avd. Domingo Bueno, 132, 36400, Porriño, Pontevedra, in theURL: http://www.americanadebaterias.com/ and in the Registry of Movable Property of Pontevedra in the section of "Register of General Conditions of the Contracting" with the name of "General Conditions of Contract AMERICANA DE BATERÍAS,S.L. ",
2.- CONDITIONS OF SALE / RENTAL OR ASSIGNMENT
The Cliente has the right to receive a written and detailed quote of the service or product he contracts. The validity of the same will be 15 days from the date of its elaboration. The Company shall have the right to vary the total cost of the budget when the market prices of the products offered or used in the provision of the service vary. The acceptance of the budget will be obtained through your signature.
The Cliente is responsible for the veracity of the measures and data provided to the Company for all purposes.
The Company will not receive any remuneration for the realization of the budget provided that the service is provided by AMERICANA DE BATERÍAS,S.L. however, if the client, once the budget has been made, decides to desist from the budgeted services, he must pay the necessary working hours for the preparation of said budget, and pay the rest of the expenses incurred for the preparation of the same.
If theC liente places the order directly and does not request the preparation of a budget, it is understood that he renounces the realization of the same.
In this way, the Company may carry out the requested order when theCompany has given its agreement by accepting the quotation by e-mail, telephone or fax or has renounced the preparation of the same by placing the order directly.
2.2.- Time and place of delivery-
The delivery time will be the one that has been expressly agreed between the parties.
The place of delivery of the goods will be the address of Americana de Baterías, the customer or the place agreed by the parties.
The documentation that accredits the delivery of the goods is the corresponding delivery note, contract, consignment note or any other document issued by the Company.
The delivery time will be extended:
• When the requirements expressed by the client are not met.
• When the client provides the Company with inaccurate data.
• When there are reasons beyond the control of the Company that prevent compliance with the delivery date, especially those causes caused by third parties outside the Company.
• When delays occur in the transport and it is carried out by a third party outside the Company.
• Where theC iente changes the original order or detraces from its contractual obligations, in particular those relating to the delivery of the documents necessary to carry out the operation or to the agreed payments.
Likewise, the Customer will be obliged to allow the delivery of the goods and in particular the following obligations:
• Accessibility to the means of transport necessary to get the goods, being responsible for the damage that any machinery of the Company may cause as a result of not having properly enabled its facilities or landfor transit.
• Freedom of transit through the facilities for the workers of the Company and of the subcontractors who are responsible for carrying out the agreed works, to the extent necessary.
• Supply of electrical energy and any other supply necessary for the delivery of the goods.
• Means for loading and unloading of goods.
All prices must be considered as net in the agreed currency, without any deduction of any kind, unless otherwise agreed and will be the one agreed by the parties.
The prices do not include taxes, fees or other charges, both of a general and special nature, unless otherwise agreed in writing, taking into account the Incoterms that may be applicable and / or the conditions of delivery of the goods.
Unless otherwise agreed, payment must be made in cash without any discount, and without deduction, compensationor withholding beingallowed. The Company will accept as means of payment the bank transfer, the promissory note, the confirming, the bank draft and the check.
In the event that payment dates have been agreed, these must be complied with by theC liente even if the delivery is delayed due to matters beyond the control of the Company. If the Company deems it appropriate, it may request the guarantees it deems necessary to ensure the due fulfillment of the contractual obligations of the Cliente,being able to suspend the deliveries in the meantime.
2.5.-Accrual of interest for late payment and compensation for collection costs-
With effect from the agreed payment date, the Cliente must pay interest for late payment according to Law 15/2010, which establishes measures to combat late payment in commercial operations, which are set with the acceptance of these general conditions of contract in the maximum legal permitted. If theCiente defaults on a payment or the provision of an agreed guarantee, all charges outstanding at that time, whether due or not, shall be considered liquid and enforceable. In addition to the accrual of these interests when the Cliente incurs in arrears, the industrialist will have the right to claim fromthe Cliente the collection costs referred to in Law 15/2010
2.6.-Acceptance of the provision of the service or delivery ofgoods. -
The document of receipt of goods that will be delivered to the customer's home or to the place ofsignified by the parties,must be signed by the customer or another authorized person. In the case of absence of these, the Customer when accepting these conditions, will give as valid the signature of another person who, being in these dependencies, receives the merchandise and signs the acceptance of the same having to identify himself at the delivery with his name and National Identity Document.
At the time of delivery, thecustomer shall verify the goods,in terms of quality andquantity,within a maximum period of 2 days from delivery.
The Company grants the Cliente the period of 7 days from the making available of the goods to communicate in a reliable way the vices or hidden defects of the products delivered.
The Company reserves the right to use products in the provision of services other than those agreed, provided that they are of similar characteristics to those agreed and of equal or superior quality.
The Company will have the right to charge the client a price for the custody of the material that does not happen to collect, a price that will be set depending on the area where it is located.
Rental or assignment of use. - It is understood accepted the material subject to rental contract or assignment of use to the signing of the lease or assignment at the date of making available to the same.
The lessee or assignee will receive the object of the rental or assignment contract in perfect conditions of conservation and operation, indicating the instructions for its handling and providing the technical, legal and safety preventions necessary for its normal use and is obliged to return it in the same state that it is received, at which time the natural wear and tear that originates will be taken into account , not so when there has been negligence on the part of the lessee or assignee, causing breakdowns.
Because the material is handled by the staff of the lessee or assignee, this is responsible for any breakdown due to improper use, as well as for the damages caused and to the third parties that are affected by any accident caused by the misuse of the material by the negligence of its manipulator.
The material is the property of the lessor or assignor and may not be subleased or loaned to third parties without the express permission of the lessor or assignor. Likewise, the identifying signs or trademarks of the lessor or assignor may not be replaced or concealed. Failure by the lessee or assignee to comply with this obligation shall relieve the lessor or assignor of any liability in the event of a breakdown.
Material for rent or assignment not returned, whether derived from Theft-Theft or any cause that makes it unusable, will be considered as a sale of new material and will be invoiced at the market price. It is the obligation of the lessee or assignee to file a complaint with the data.
Both the transfer of the material, as well as its return at the end of the term of rental or transfer of use, will be at the expense of the lessee or assignee, as well as the expenses that may originate the unloading or loading of the equipment described, assembly or disassembly thereof.
As a result, the transport will be carried out under the sole responsibility of the lessee or assignee.
The lessee or assignee of any machinery or material must have subscribed during the term of the rental contract or assignment of use a CR insurance, of which he will provide proof to the lessor or assignor.
The site, and installation, will be carried out by the lessee or assignee under his responsibility and in accordance with the legal / administrative regulations in force.
In addition, for the use of certain machinery and materials you must have the specific qualification or training.
The Empresa will respond in accordance with the Law in force at all times. In those cases in which the responsibility of AMERICANA DE BATERÍAS,S.L. is determined. and this derives or is linked to products purchased to develop its activity, the responsibility and the guarantee will be transferred to the Supplier. The guarantee of the materials will be that provided by the manufacturers of the same from the moment of their purchase.
All deficiencies beyond its control are excluded from the company's warranty and responsibility, especially if it is as a result of inadequate storage or lack thereof,lack of maintenance, misuse, temperature, atmospheric conditions, etc.
If the Ciente alleges that a guarantee, in accordance with the technical specifications of the goods, is not reached, the guarantee will only be valid if the Company has the opportunity to verify that the guaranteed parameters are not reached. In case of a lack of quality or hidden vice in the goods,the Company will proceed to the replacement of what corresponds.
The guarantee by the Company is subject to the timely fulfilment of the payment terms agreed with theCompany.
AMERICANA DE BATERÍAS, S.L. it will not be responsible for material damage caused during transport if these services are provided by a third party.
After the sale, the Company is not responsible for defects manifested or that were in sight at the date of formalization of the contract with theCompany,in any of its products.
As for claims relating to the use, sale or distribution of products sold or delivered, individually or in combination with other products, or any other complaint relating to the contract, the rights of the Client and the responsibility of the Company will be adapted to the particular circumstances of the case.
The Customer shall never have the right to return the products accepted or whose deadline for reporting defects has elapsed.
The Company's liability shall never exceed the value of the goods concerned at the time of sale.
2.8.-Limit of liability-
Unless otherwise agreed, the liability of AMERICANA DE BATERÍAS,S.L. it shall never exceed the value of the contracted budget.
The Company is released from all liability above that maximum, even if it has been caused by its own negligence or breach of obligations AMERICANA DE BATERÍAS,S.L. it will face any damages and losses it causes to people and property in the execution of its works provided that in it and with respect to such damages are imputable, GUILT AND RESPONSIBILITY.
The benefit and risk of the object of the contract will pass to the Cliente once made available to it in the place agreed in the contract.
2.10-Incumplimiento del Cliente-
In case of non-compliance, total or partial, or lack of punctual or adequate compliance with any of the obligations of the Cliente,as wellas, in case of declaration of bankruptcy, liquidation or dissolution of your Company, AMERICANA DE BATERÍAS,S.L. it shall have the right to notify the termination in whole or in part of the contract or the suspension of its performance in whole or in part.
This will be done by notification without further warning of breach or judicial intervention, and without the Company being liable for damages, without prejudice to any other rights assisting the Company.
As soon as any of the above circumstances occur, all claims for payment, whether overdue or not, refinancing fees or any other obligation that the Company has to theCompany shall become immediately due and payable.
The exchange documents or, failing that, any other formal document of payments stipulated for the payment of the contractual obligations contracted between both companies must be sent to the Company at the time of issuance of the invoice. Delay in delivery is considered as a breach of contract.
The Company may pass on to the Client the extra costs, against charges and penalties that are imposed as a result of any breach on its part.
2.11-Reservation of ownership-
The Company will continue to own all material or product supplied until the full receipt of the agreed payments and may withdraw them in the event of the first breach of the Password,without the need for consent of the same.
The Company has the right to compensate any sum owed to it by the Company (understood as all companies that are part of the same group as the Buyer), against any sum payable to theCompany.
3.- CONDITIONS OF PURCHASE
3.1.- The Supplier undertakes to deliver the goods products object of the purchase in accordance with the provisions of the Order and the laws and regulations that will be applicable.
3.2.- The Supplier must deliver all the documentation that is required by the Supplierinthe Order, in time, form and quantity, as well as any other information or document, of any kind, that is necessary in accordance with the current regulations applicable to the purchase.
3.3.- The Supplier must comply with all the provisions in force at all times, especially those of a Labour, Social Security or Fiscal nature, as well as those relating to the Environment, Safety and Health, Prevention of Occupational Risks and will be obliged to prove their compliance in the manner and deadlines established by the enterprise.
Likewise, the Supplier must comply with the regulations and internal practice of the Company that is applicable to it by reason of the Order.
3.4.-The Provider guarantees:
That all goods or products object of the purchase are of their full property, of first use, made with materials or products of the required quality and that meet the requirements of safety and environment, meet the specified quality and, where appropriate, are suitable for use.
That the goods or products object of the purchase are free of any charges or encumbrances or other real rights, embargoes, obstacles or affections on them and that no restriction on the free transmission of the same falls on the Supplier or on the goods or products.
That the goods or products comply with the specifications agreed by the parties, as well as the fulfillment of all the conditions established in the Order and that they are free of any defects, visible or hidden, whether by materials, labor, design or manufacture.
If the supplier does not want to be liable for the aforementioned defects and if the Company responds, it must offer the Company a reduction in the sale price to be agreed between the parties.
That it has the rights of intellectual or industrial property in relation to the goods or products object of the purchase or supply or, where appropriate, that it has the appropriate licenses for its manufacture or sale, being on its own the expenses and costs that derive from them.
They will be at the supplier's expense within the warranty period and the supplier will be obliged to carry out all repair, amendment, reconstruction, replacement, rectification and correction of deficiencies in the goods or products object of the purchase.
In the products that the supplier develops according to the indications granted by AMERICANA DE BATERÍAS,S.L. and be paid for by this Company,the intellectual property shall be of the Company.
The Company may pass on to the supplier the extra costs, against charges and penalties that are imposed as a result of any breach on its part. It must comply with specific environmental measures and guarantee the quality of the materials with which it works.
4.- Obligations of the contracts / subcontractors
They must apply the principles of preventive action contemplated in Law 31/1995, on the Prevention of Occupational Risks.
Inform its own staff of the measures to be adopted with regard to their safety and health in accordance with the provisions of Royal Decree 1215/1997.
Communicate to the prevention service the hiring of workers especially sensitive to certain risks and minors. Have the necessary training for the handling of machinery and / or specific materials.
Have contracted for your own risk a civil liability insurance, and must provide the Company with proof that the coverage includes the period of provision of the service.
Adapt to the deadlines to which it has committed to provide the service, being directly responsible for the delay in them, being exonerated the Company in this sense of any responsibility in this regard.
If during the follow-up carried out by the Company the breach of the obligations of the contract or subcontract or of the agreed quality levels is observed, the contract or subcontract will be obliged to adopt the necessary corrective measures and may otherwise lead to the resolution of the order or contract by the Company and / or to the contracting by third parties for the performance of the services, which must pay for the contract or subcontract.
The Company may pass on to the contract or subcontract the extra costs, against charges and penalties that are imposed on it as a result of any breach on its part. It must comply with specific environmental measures and guarantee the quality of the materials with which it works.
5.-In lieu overwelming force-
"Overwelming Force" means, for the purposes of this contract, the existence of any contingency, circumstance or cause that is beyond the control of the party that invokes it, including, but not limited to, the following circumstances: imposition or submission to a law, regulation, decree, order or request of any authority (national, state, regional, provincial or municipal), confiscation, mutiny, war, riots, fires, floods, earthquakes, storms, explosions, strikes, closures, pandemics, machinery or factory shutdown, impossibility of obtaining raw materials, equipment, diesel or transport. If by Force Majeure any of the Parties is unable to fulfill any obligation of this Contract other than that of payment of the price, said party is exempt from its fulfillment, provided that it notifies the other indicating the beginning and nature of the situation of Force Majeure. The Party that invokes force majeure must send immediate notification after the end of the cause that motivates it.
The Company will not be liable to theC liente for any loss or damage arising from the breach or the lack of punctual or total fulfillment of its obligations due to Force Majeure. This clause applies to the Company and itsplant,and to the Company and itsplant. However, the preceding paragraphs of this article, if the Cliente is affected by force majeure, he shall not be relieved of any of his obligations to accept and pay for shipments made prior to receipt by the Company of the written notification of the Majeure situation; nor may the Ciente invoke the cause of Force Majeure to delay the payment of the amounts due. If due to Force Majeure, the Company shall have the right to distribute, in the manner it deems reasonable, the quantities of useful products between its Products and its own requirements.
All notifications, modifications and communications by the Company to the Company will be considered effective for all purposes when they are made by sending postal mail to the address indicated by the User,sending by email, SMS, mms, WhatsApp, communication by telephone call to the address or number indicated by the Cliente or, failing that, to the number ownedby the Cliente or its proxies.
For these purposes, theC liente declares that all the data provided by him are true and correct, and undertakes to communicate to the Company all changes relating to his address, collection data and all kinds of information necessary for the management and maintenance of the contractual relationship between the Company and theCompany.
These conditions will be considered independent and, if any of them, in whole or in part, is left without effect by the parties by means of an express written agreement or is invalid for any reason, the rest will retain its validity with all its force and effect.
8.- Applicable law-
These General Conditions will be governed and interpreted in accordance with Spanish law in what is notteaexpressly provided for in them.
Likewise, regarding the law applicable to the operations carried out by AMERICANA DE BATERÍAS,S.L. the parties agree by means of the acceptance of these general conditions of the contract, the express submission to the Spanish legal system.
9- Jurisdiction- SPECIAL ARBITRATION CLAUSE
The parties agree to resolve amicably any disagreement that may arise in the development of this contract.
In the event that an amicable solution is not possible, and litigation is appropriate, the parties, waiving any other jurisdiction, undertake to submit all conflicts, disputes and disagreements arising from the contract, whether in its performance, interpretation or execution, to the Tribunal of the Association for Commercial Arbitration "TAM" in Vigo,within the framework of its Rules, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitral tribunal, being obliged from now on to comply with the arbitration decision. As for the law applicable to the litigation, the parties expressly submit to the Spanish legal system by means of these general conditions of contract.