Terms and Conditions of Sale

These terms and conditions shall apply to all orders received and, in general, to all sales made by Maquinaria Eléctrica Bilbao, S.A. (hereinafter referred to as the “Seller”) within the national territory of Spain.

General

  • These terms and conditions of sale, together with the Seller’s written offer, shall take precedence over any negotiations or correspondence and constitute the sole and complete record between the Buyer and the Seller regarding the terms governing the order.
  • The Seller shall not be bound by any waiver or modification of these conditions that has not been made by an authorised representative.
  • Our offer shall, in any case, expire thirty days from its date. Nevertheless, the Seller reserves the right to revoke it, in whole or in part, at any time prior to the receipt of the order.
  • The information provided in catalogues, drawings, photographs, and, in general, all information included in offers is approximate. Therefore, the Seller reserves the right to make reasonable changes without prior notice.
  • Orders received by the Seller from the Buyer may not subsequently be cancelled by the Buyer except by mutual agreement between the parties.

Price – Revision

  • The price of the supply refers to the material without repackaging, delivered to our warehouse.
  • Our prices are based on material, labour, and costs at the date of the offer and are subject to a revision formula reasonably prepared by the Seller.
  • All present or future taxes imposed by the State, Provinces, or Municipalities, applicable to this Contract or any related operations, shall be borne by the Buyer.

Delivery

  • The Seller shall deliver the products to the Buyer upon notification of availability in the warehouse. Partial and/or advance deliveries may be made with full effect. Once the products are delivered, in whole or in part, both title and risk of loss or damage pass to the Buyer, except in the case of sale with retention of title as provided in Section IV of these conditions.
  • The agreed delivery period shall commence from the date the Seller receives the order from the Buyer, provided the Buyer has made the first payment, if applicable, according to the agreement, and the Seller has received the necessary information to commence production immediately.
  • The Seller reserves the right to delay delivery, in addition to the causes set out in Section V, due to non-payment of advances or intermediate payments by the Buyer on the agreed date, as well as any changes to the product specifications proposed by the Buyer and accepted by the Seller after the conclusion of the Contract.
  • If all or part of the products cannot be delivered when ready, due to any of the causes outlined in Section V, the Seller may place the products on consignment or in storage after 15 days from the notification of availability. In such cases:
    1. The Seller’s delivery obligations shall be considered fulfilled, and title and risk, as referred to in Section A above, shall pass to the Buyer if not already transferred.
    2. Any amount payable to the Seller at the time of delivery shall be due upon presentation of the invoice and certification of the situation.
    3. The Buyer shall bear the costs of storage or consignment of the products.

Payment – Retention of Title

  • The stipulated price shall be paid by the Buyer on the agreed dates.
  • In the event of delays in payment, the Seller, without prejudice to other sanctions, shall charge the Buyer all applicable financial costs, calculated at an annual interest rate equal to the current commercial bank discount rate plus one percentage point.
  • The sale shall be deemed made with retention of title if full payment is not made. The retention shall remain until full payment has been received.
  • The Buyer undertakes, at the Seller’s request, to acknowledge the retention of title in a Public Deed and/or its registration in the relevant Registry.

Delays in Delivery

  • The agreed delivery period shall be extended, without liability to the Seller, for a period equal to the time lost due to causes arising directly or indirectly from force majeure or fortuitous events, understood as unforeseeable events or those that were inevitable if foreseen, as well as causes beyond the Seller’s reasonable control, such as delays or refusals in the delivery of materials or components, delays in obtaining permits or official documents, unavailability of labour, transport, etc., or caused by the Buyer.
    This extension shall apply even if such causes occur after the Seller has already delayed delivery for other reasons.

Packaging, Transport, and Insurance

  • Packaging, transport, and insurance are not included in the Seller’s prices.
  • Unless otherwise agreed or at the Seller’s unilateral discretion due to the nature of the product, it may be delivered packaged at the Buyer’s expense. Likewise, transport and insurance shall be borne by the Buyer; however, at the Buyer’s express request, the Seller may act as intermediary in arranging these services. In all cases, the Buyer shall be considered the shipper and responsible party for the goods.

Warranty

  • The Seller guarantees its products against any defect directly and solely attributable to materials or manufacturing, discovered within twelve (12) months from the date the products are ready for delivery, provided the defect is immediately notified to the Seller and properly demonstrated.
  • The warranty presumes proper installation, use, and maintenance of the products and does not extend to elements of a perishable nature.
  • Under this warranty, the Seller, at its discretion, undertakes to repair or replace defective parts at a location determined by the Seller, with replaced parts remaining the Seller’s property. The warranty does not cover transport costs involved in the repair.
  • This warranty constitutes the sole enforceable guarantee of the Seller regarding the products covered by this Contract.
  • Any claim under the warranty must be made within six months of discovery of the defects, and within the period stated above.

Limitation of Liability

  • The total liability of the Seller, including its subcontractors, for any contractual or non-contractual claim arising from this Contract shall be limited to the price of the product, service, or component giving rise to the claim.
  • Under no circumstances shall the Seller or its subcontractors be liable for damages such as, but not limited to, loss of profit, financial charges, customer claims due to service or supply interruptions, or any expenses incurred for labour, overhead, transport, or replacement of industrial installations or supply sources.

Disputes – Jurisdiction

  • Any dispute arising directly or indirectly from this Contract shall be submitted to the Courts of Bilbao, expressly waiving any other jurisdiction.

Personal Data Protection

  • For the terms and conditions for compliance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data, and its implementing regulations, please refer to our Privacy section.

Questions and Suggestions

  • Any suggestions, requests for information, or clarifications regarding these Terms and Conditions of Sale will be promptly addressed via the following contact details:

Ribera de Axpe, 11, Bloq. B, Ptl.2 / 48950 Erandio (Bizkaia) España.
Telephone 94 447 49 00.
Fax 94 447 81 98.
mebsa@mebsa.com
Please include your name and physical and/or e-mail address when contacting us.