General terms and conditions of sale and warranty

Intellectual and industrial property

The intellectual and industrial property of each offer, together with the additional information to the same (plans, drawings, software, etc.) belongs to SACI, and its use by the Buyer for any purpose other than the completion of the order is therefore prohibited. The total or partial copying or transfer of use to third parties without the prior written consent of the Seller is prohibited.

Reservation of ownership

SACI reserves the right of ownership of all materials supplied until full payment has been received.

Prices and scope of offers

The sales prices are those shown in our price list. They do not include VAT. The prices indicated in the price list are valid unless there is an error or omission. SACI reserves the right to modify, alter or delete prices at any time and without prior notice.

When issuing an offer, the prices and conditions of such offer shall relate exclusively to the Products, Software (specifications and quantities) or Services specified therein and shall be valid for one month, unless otherwise stipulated.

Invoicing and Payment Conditions

Invoices shall be issued in accordance with the terms and deadlines established in articles 6 and 11 of Royal Decree 1619/2012, of 30 November.

The term and method of payment shall be agreed in the “Customer Registration” document.

SACI, adheres to the provisions of Law 15/2010, of 5 July, amending Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions, establishing a maximum payment between companies of 60 days.

In the event of delays in payment by the Buyer, the Seller may suspend the supply or the services offered temporarily or definitively. It may also require the Buyer to make payments in arrears and, where appropriate, claim compensation from the Buyer for the suspension of the supply or performance of the agreed services.

Portes

Orders in Peninsula and Balearic Islands whose net amount is more than 300 euros will be shipped carriage paid by our transport agency. If the order is less than 300 euros, 10 euros will be charged on the invoice. For shipments to the Canary Islands, the order over 1500 euros will be sent carriage paid, in the case of being less the carriage will be managed by the customer.

Delivery and dispatch

If the Buyer does not accept delivery of the Products in the manner and on the date agreed, or unilaterally postpones such date, the Seller may automatically cancel the sale without formal notice and without prejudice to any damages which the Seller may be entitled to claim. In the event that the Seller does not exercise such right, the Seller may invoice on the agreed delivery date and the Buyer shall bear the costs of handling and storing the Products until the Buyer accepts delivery of the Products.

Manufacturer's warranty. Material returns

The repair or replacement of defective materials will be carried out free of charge during the warranty period. Our products are guaranteed for a period of three years from the date of sale, according to Law 4/2023 of 22 March, except for those references that may have a longer warranty period. These products will be specified in particular.

Materials that show signs of having been tampered with improperly or improperly assembled on equipment and installations, or those that have been specifically adapted for an order without an objective and reasoned reason will not be accepted for return.

The Buyer accepts its participation in the costs of revision and conditioning of the returned material, which shall be at least 15% of the amount payable. Once SACI has received the returned material, it will analyse its condition and inform the Buyer of the final depreciation percentage, as well as any other condition affecting the said return. The return shall not be considered authorised until acceptance of the final conditions by the Buyer.

Specially manufactured equipment is non-returnable.

SACI's warranty, where applicable, shall be limited to the delivery free of charge of a new product to replace the defective product. There shall be no liability for damages, expenses, charges or compensation.

Damage or defects due to normal wear and tear caused by use of the equipment are excluded from the warranty. Also excluded from the guarantee, which shall also be deemed to have expired, are damages and defects caused by improper maintenance or upkeep, incorrect or negligent storage or handling, abusive use, faulty assembly, variations in the quality of the electrical supply, modifications made to the supply without the Seller's approval and in general any cause not attributable to the Seller.

All shipments of material for return, replacement or repair shall be made carriage paid by the customer.

The limitation of liability contained in this clause shall prevail over any limitation contained in any other contractual document which is contradictory or inconsistent with this clause, unless such provision would further restrict the Seller's liability.

Claims and Liabilities

Complaints about the condition of goods or about errors in orders shipped more than 5 working days after receipt by the customer or in case of 24h external visibility will not be accepted.

All the products referenced in the SACI catalogues comply with the current international Quality and Safety regulations. You can request all the Declarations of Conformity and Quality Certifications of both the company and the products from the sales network or through the website saci.es.

SACI reserves the right to make changes to its catalogues without prior notice, in order to improve the functioning and performance of the products, in particular in relation to the format, shape, colour, dimensions or materials, of the products, software, representations, descriptions and technical specifications presented in its catalogues and brochures.

Technical support during start-up

1. Unless otherwise stated, the Seller's prices do not include assembly, commissioning of the System/Solution, or spare parts.
2. The Offer contemplates the Seller's ability to subcontract in whole or in part without the consent of the Buyer.
3. Whenever the Seller's technicians are involved in the premises where the System/Solution is located, power supply, handling or other equipment and raw materials of any kind which are necessary for the Seller's Services, shall be the responsibility of the Buyer.
4. If the System/Solution sold is an automation, losses and waste at the Buyer's premises during the entire time of configuration of the System/Solution, shall also be the responsibility of the Buyer.
5. Adaptations to the System/Solution which are necessary for its operation in accordance with the features of the Contract shall be the responsibility of the Seller, unless such adaptations are necessary due to insufficient or erroneous information sent by the Buyer, or a change in the location of the System/Solution or its environment. In such a case, the cost of the adaptations and the time spent shall be invoiced to the Buyer.
6. If the on-site intervention of the Seller's specialists is delayed or prevented for reasons beyond the Seller's control, the travel and/or waiting time and expenses incurred will be invoiced to the Buyer. Likewise, the Seller may invoice the amount of the Contract pending invoicing at the time when such intervention is delayed or prevented for reasons beyond the Seller's control.

Waste collection and disposal

It is the responsibility of the waste holder to collect and dispose of the waste or to have it collected and disposed of. For professional electrical and electronic equipment (“EEE”), affected by the European Directive 2012/19/EU of 13 August 2012 and the European Directive 2006/66/EC of 6 September 2006 as well as the regulations in force implementing them, the organisational and financial responsibility for the collection and processing of waste originating from these EEE placed on the market after 13 August 2005 has been transferred to the direct Purchaser who accepts it.

The direct Purchaser undertakes to assume responsibility, on the one hand, for collecting and disposing of the waste originating from the EEE subject to sale and, on the other hand, for its processing and recycling. Failure by the Buyer to comply with these obligations may lead to the application, among other penalties, of the criminal penalties of each

member state of the European Union. SACI channels and manages Waste Electrical and Electronic Equipment (WEEE) through a collective extended product responsibility system (EPRS).

Confidentiality

The Parties shall treat in confidence all documents, data, materials and information provided by one Party to the other Party and shall not disclose them to any third party or use them for any purpose other than the performance and development of the Supply, unless with the prior written consent of the other Party.

The foregoing does not preclude the Seller from providing the name of the Buyer and the basic data of the Supply as part of his commercial references.

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Spanish law.

The parties expressly waive any other jurisdiction that may correspond to them and submit to the competence and jurisdiction of the Courts and Tribunals of the city of Madrid.