Field of application:
The potential customers, buyers of equipment, declare
that they know and understand the Internet and its
limitations - especially, its way of operating and
technical performance, the interruption risk, the
answer time to consult, to question or to transfer
information, as well as the difficulties inherent
to any data transfer with electronic support. Therefore,
FERBOSSA MAQUINARIA, S.L. has no liability with regard to failures
specific to connections to the network.
The present conditions will be in force for all sales
effected by FERBOSSA MAQUINARIA, S.L., and it is understood that
the customer adheres to these by the mere fact of
confirmation, compliance or reception of orders placed
with FERBOSSA MAQUINARIA, S.L. Any other general or particular
conditions, which the customer could have, in the
measure that these oppose or modify the present ones,
are automatically excluded and lack validity and it
is understood that FERBOSSA MAQUINARIA, S.L. expressly rejects
It is understood that that expressed in paragraph 1.2. does not
dismiss the possibility of any other particular conditions, which
duly accepted and signed by FERBOSSA MAQUINARIA, S.L. could be agreed in any
The verbal communications, or even telegraphic or telex communications,
should always be confirmed later by FERBOSSA MAQUINARIA, S.L. FERBOSSA MAQUINARIA, S.L. will
not be committed unless this confirmation exists.
If an order has been placed based on a special offer by FERBOSSA MAQUINARIA, S.L., the
special conditions offered will be applied and complemented by this document,
which will only be understood as modified by those specific conditions included
in the special offer.
Offers and execution of the contract:
The offers that FERBOSSA MAQUINARIA, S.L. makes will bind the party from the moment
the offer is made, unless specifically and in writing the contrary is stated.
The customer should formulate his proposal without any attempt against the
rights of third parties or against the legislation or applicable rules and
regulations. The contract will be subject to the present conditions and will
be considered as executed when the acceptation of the FERBOSSA MAQUINARIA, S.L. offer
has been confirmed in writing.
The buyer who makes a purchase proposal has the irrevocable
commitment to negotiate in good faith with FERBOSSA MAQUINARIA, S.L. the
purchase of the goods object of the transaction. The buyer can
limit its offer to a certain length of time. After this time
has elapsed, the offer will not be taken into account by FERBOSSA MAQUINARIA, S.L.
When the purchase confirmation contains extensions, limitations or any amendment
with regard to the initial order, it will be understood that the customer has
given its approval to the said extensions, limitations or amendments unless opposed
immediately, or not later than 4 days after receiving the order confirmation.
In all cases this opposition should be in writing. If the reception time of the
order confirmation by the customer can not be stated, it will be deemed as received
the 7th day after posting it, as accredited by the postmark.
The orders or transactions performed through an agent will not oblige
FERBOSSA MAQUINARIA, S.L. until the latter has confirmed them in writing.
The buyer has the obligation to properly inform FERBOSSA MAQUINARIA, S.L. on the local
regulations related to environmental protection and work safety. The
offered amount does not include any expense to adapt the goods to the regulations.
Scope of FERBOSSA MAQUINARIA, S.L.'s obligations
FERBOSSA MAQUINARIA, S.L. undertakes the commitment to reflect a comprehensive
description of the goods to be sold and of the special conditions of sale;
furthermore, it undertakes to make a fair and objective description of the
goods and to provide all the available information.
The data contained in catalogues, leaflets, advertisements,
representations, sketches, etc. on dimensions, weights, values,
specifications and characteristics are understood to be without
commitment by FERBOSSA MAQUINARIA, S.L. and subject to change at any moment.
The customer is responsible for the strict compliance of the existing
standards on environmental matters and work safety. The pertinent safety
devices established by FERBOSSA MAQUINARIA, S.L. will be supplied upon request and will
be separately invoiced. This request should be made with the main order.
The prices indicated in our offers are considered ex warehouse and do not
include packaging, dispatching or insurance expenses. However, FERBOSSA MAQUINARIA, S.L.
can provide complementary services for commissioning, dismounting, loading and
others, subject to previous agreement between the parties on procedures and prices.
In all cases the prices will be increased by the Value Added Tax and with any other legally
established taxes, now or in the future, of an obligatory nature for FERBOSSA MAQUINARIA, S.L.
In all cases the goods are transported at customer's risk. The goods are considered as delivered
to the customer at the FERBOSSA MAQUINARIA, S.L. premises.
The customer is obliged to insure the transport at its own expense to
cover any damage suffered by the goods until their total payment.
FERBOSSA MAQUINARIA, S.L. can also sell the goods as free delivered at the customers premises, without
unloading them. This modality should be expressly agreed in writing and will represent
that the responsibility for the goods remain stay with FERBOSSA MAQUINARIA, S.L. up to the arrival
at the customer's domicile. The responsibility will remain with the customer as from
this moment, including the unloading.
The payments will be in cash, through bank cheque or transfer, without any
discount, under the conditions that figure in the relevant invoice.
The fiscal stamp on the draft documents and, in general, any tax or expense will be on the account of the customer.
The customer is obliged to make punctual payment of the invoices at their maturity.
In the case of non-payment at the due date, all return expenses and interest charges
will be on the account of the customer. The interest will be calculated at a rate of
5 points above the basic discount rate of the Bank of Spain.
In the case of non-payment of any one of the agreed instalments, the remaining
ones will automatically be considered as due. As from this moment, FERBOSSA MAQUINARIA, S.L.
is entitled to demand the payment of the total debt, because these instalments are
only considered as easy payment terms for the customer and this customer has lost
its rights due to non-compliance.
FERBOSSA MAQUINARIA, S.L. is entitled to make compensation in the case of debts
to the customer, when this customer does not honour the payments to FERBOSSA MAQUINARIA, S.L.
and in those cases when, to FERBOSSA, S.L's. judgement, the compliance with payments
by the customer were endangered or highly doubtful.
The customer is not entitled to compensation, unless expressly authorised by FERBOSSA MAQUINARIA, S.L.
The delivery term will start as from the date of the
order confirmation and the corresponding payment.
circumstances, force majeure, labour disruptions, lock-out, strikes, rejection
of manufactured parts, delay in the supply of major raw materials and others of
a similar nature will extend this delivery term.
In the case of a
delay in the delivery due to reasons directly attributable to FERBOSSA MAQUINARIA, S.L., the
corresponding compensation would be limited to five per cent of the total value of
If the supply
is delayed at the customer's express request, the customer should pay the obligations
on the respective expiry dates. In this case, the customer will only be charged the
percentage agreed in concept of warehousing or deposit, which will be carried out in
all cases on the account of and at the risk of the customer.
If situations and impediments arise, which make the supply of the order difficult or
impossible, FERBOSSA MAQUINARIA, S.L. has the right to rescind the contract in which case a simple
written notification to the customer will be sufficient. In no case will a claim by the
customer for damages be admissible.
The merchandise sold by FERBOSSA MAQUINARIA, S.L. is second-hand machinery and does not
carry any guarantee except if this is expressly established.
The customer or whoever causes it, will lose their guarantee rights, if they exist,
in the case of non-compliance with the instructions and recommendations of FERBOSSA MAQUINARIA, S.L.,
or if they are not up to date with their payment obligations. FERBOSSA MAQUINARIA, S.L. reserves
the right to not accept any claim on any of their products until full payment has been
The impossibility by the customer to face the order for machinery will
give place to its obligation to adequately indemnify FERBOSSA MAQUINARIA, S.L.
Retention of title.
FERBOSSA MAQUINARIA, S.L. retains the title of all the goods sold until it has been totally paid
for by the customer. Until the said moment, the customer cannot transmit to third parties
such goods and is obliged to manifest before third parties the retention of title responding
for the damages which by omission are caused to FERBOSSA MAQUINARIA, S.L. without dismissing the
possibility of responsibilities of all kinds which could be incurred.
If, in spite of all that stated in paragraph 7.1, the goods transmitted by FERBOSSA MAQUINARIA, S.L.
are transferred to third parties as a financial guarantee to a third party who finances
the customer or for any other reason, the existence of the retention of title should be
made known, and FERBOSSA MAQUINARIA, S.L. will not recognise as the legitimate owner the said person,
nor accept any obligation until all the amounts pending are paid.
The customer undertakes to collaborate with FERBOSSA MAQUINARIA, S.L. in establishing those measures
to protect the ownership of the object under transmission, and will not be able to dispose
of or encumber the same in any way without the express written consent of FERBOSSA MAQUINARIA, S.L.
FERBOSSA MAQUINARIA, S.L. should be informed immediately in the case of the seizure of goods, even
though this is against their will and for any reason, or if the possibility exists that
this will harm the legitimate ownership of FERBOSSA MAQUINARIA, S.L., with the aim that the latter
can, with sufficient time, exercise the rights derived from this present clause.
During the period of time in which the payment of the goods has not been totally satisfied,
the customer is obliged to duly insure the delivered goods against all foreseeable risks for
the amount pending payment, being obliged to name FERBOSSA MAQUINARIA, S.L. as beneficiary in the case
FERBOSSA MAQUINARIA, S.L. declares that all the information (texts, photographs, images, data, etc.)
exposed in its WEB is protected by copyright. The possible interested parties who make
contact through the WEB cannot save outside the access session, reproduce, represent,
modify, transmit, publish, adapt under any means, by any method or use in any way the
elements of this WEB or the WEB itself without the previous written authorisation of
FERBOSSA MAQUINARIA, S.L.
Except for a clause that specifies to the contrary, all notices sent within the framework
of the contract, will be carried out by registered letter duly stamped and with
acknowledgement of receipt, to the respective business addresses or by electronic mail.
The registered letter with acknowledgement of receipt will be considered effective as from
the first working day following the first presentation of the letter to its addressee.
The notice sent by electronic mail will be considered effective at the latest twenty-four
hours after its emission.
Data referring to the customer.
The data referring to the customer, which are stated in the present conditions, are recognised
by the customer as true and in force. The customer undertakes to immediately notify any change
to FERBOSSA MAQUINARIA, S.L. and assumes the total responsibility for the consequences derived from
Invalidity of any of the conditions.
The invalidity, for any reason whatsoever, of any of the aforementioned conditions
will not mean the invalidity of the entire contract. It is understood that only
this specific condition will become null and void and the rest of the conditions,
not affected by this circumstance, will remain in force. The invalidated condition
will be replaced by the legally acceptable condition that most resembles the
12.- Place of execution and jurisdiction Court.
The place of execution of the present conditions is the registered office of FERBOSSA MAQUINARIA, S.L. The competent
jurisdiction is the Court of this registered office. The customer expressly
submits to this jurisdiction renouncing its own Law and domicile if these were
different for any question, doubt or divergence arising from the commercial relationship
with FERBOSSA MAQUINARIA, S.L.
For the legal relationship between contracting parties of different countries, the Spanish Law will be applicable.