1. General sales conditions.

1.1 The sales of our products will be ruled by the following general sales conditions, except all those that were agreed upon a special offer or those that require a particular set up. Therefore, any condition that hasn’t been agreed by the Fàbrica de Rajoles de Tous (from now on FRdT), will be ruled worthless.

2. Industrial and Intellectual property.

2.1 The intellectual property and/or industrial of the offer, in all its terms, and it’s attached information, such as the products beeing sold and the elements, blueprints, drawings, “software”, etc., included or related, belong’s to the FRdT.

3. Command formalisation and the length of the trade.

3.1 The commands will be formalised with the deposit from the buyer of the accpetance amount, specified at the estimate.

3.2 The modifications and/or changes of the length, schedule or other stuff related to the command that may be proposed by any of the parts, has to be notified to the other part, allways written and for those to be valid, have to be agreed by the other part. The changes of legislation, regulation, and applyable normative that may occur after the date of the offer, will be ruled such as modifications and/or changes. If those modifications and/or changes were to impose additional obligations -or more onerous- to the FRdT, the FRdT will have the right to require a equitable modification of the contractual terms in order to reflect the changes of the law/regulation and its consequences, or else will give the right to the buyer of resolving the contract.

4. Price.

4.1 The price of the estimated products include the value-added tax (VAT) at the footnote, in order to, if needed, making it appropiate to apply. The prices include the packaging but do not include the shipping, neither the charging fees, nor the insurance. The prices are only valid for the full command specified at the offer. In each buying process the shipping fees will be notified, if those have been agreed.

4.2 If there are previous offers before the command, the prices offered will have the temporal validity specified in each case, and, within this temporal period, they will be ruled as firm for the payment conditions and the specified amount of the offer. Always for a maximum of 2 months.

4.3 Once the command has been accepted by the FRdT, the price will be ruled as firm and it will not be looked over. Anyway, prices may be checked when:

      1. It has been agreed by both parts, buyer and seller.
        1. By a require of the buyer, the command has been modified, and, mainly, if there is any modification and/or change specified within this conditions.
      2. The prices were listed in a currency that is not the EURO, and the exchange has varied. The prices will be changed in the mesure it has varied of the parity with the EURO from the date of the command to the contractual dates of each facturation mark.

5. Payment conditions.

5.1 The offer of the FRdT will include the payment conditions. Those payment conditions will be under the Law 5/2010, 5th of July, that modified the Law 3/2004, 29th of December, for which the measures against defaulting in comercial operations were applied, without exceeding in any case it’s established terms.

5.2 If, by causes beyond the control of the FRdT, the delivery of the products is delayed, the conditions will remain and so will the contractual payment terms.

5.3 If there is a delay in the payments from the buyer, except in those cases with a previous agreement, the buyer will have to pay to the FRdT, without requesting it and from the payment deadline, the lateness payment intrest of the delay. This intrest will be calculated under the dictated by the article 7 of the Law 3/2004, 29th of December. The payment of those intrests will not free the buyer from the obligation of effectuating the remaining payments agreed upon.

5.4 If there is a delay in the payments from the buyer, the FRdT will have the right to put a stop to the shipment of the products, either in a provisional or a definitive way, at the FRdT’s will. In spite of the halt, the fulfilment of the delayed payments will be required and, if appropriate, the demand of further compensantions for the halt.

5.5 The products subject of the command will be suplyed under the owning rights in favor of the FRdT until the fulfillment of the payment obligations of the buyer. The buyer is demanded to cooperate and to take the needed or convenient measures such as the ones proposed by the selling part in order to protect it’s property of the equipment and materials.

6. Transport.

6.1 The shipment fees are allways at the expense of the buyer except previous agreement. The shipment will allways be under the buyer’s risk. The command will be delivered by the truck’s foot at the shipping adress. The buyer is required to check the packaging before accepting the goods, to register the observable flaws in the dispatch note, to documente it with photographs and to send them immediately to the FRdT.

7. Deadline and conditions of the delivery.

7.1 The delivery deadline is defined as the moment the products have been received under the forms and conditions settled at the acceptation of the command, having previously fulfilled the payments stablished at the command.

7.2 The delivery deadline is subject of modification when:

      1. The buyer hasn’t sent the needed documentation in order to send the products.
      2. The buyer requires modifications of the command, having them accepted by the FRdT and that, by the FRdT’s judgement, require a extension of the delivery deadline.
      3. For the delivery of the products is required the execution of certain jobs by the buyer or it’s outsources, and those haven’t been done at time.
      4. The buyer has violated any contractual obligations of the command, specially the payment ones.
      5. For causes beyond the control of the FRdT there are delays in the production or the availability of all or some of the elements of the product. As a demonstrative, but not limiting, way, the following delay causes are included: strikes of the suppliers, services or transports, mistakes in the supply of third parties, mistakes in the transports ways, inundations, rough weathers, riots, strikes, strikes of the FRdT’s staff or it’s outsourcers, sabotages, accidental halting on the seller’s workshop for machine failures, etc. And all those force majeure forseen in the current legislation. In this scenarios the buyer will have the right to resolve the contract without any cost, when the delivery deadline has been agreed as a essential element of the operation and the delay is of such nature that it implies lack of conformity.

8. Reimbursements, claims or desistings.

8.1 The FRdT will inform of the orientative deadlines for the delivery of the commands. It’s mandatory for the buyer to check the goods before the installing in the construction.

8.2 If a product not requested by the client was to be sent, by a FRdT’s mistake, the not requested product would be retrieved and the right product would be sent without any additional fees to the buyer.

8.3 The FRdT reserves the right to refuse the desistings if the retrieved objects were in non acceptable conditions (ie: breakage, manipulations…).

8.4 Excess material reimbursements will not be accepted.

9. Warranties.

The products required by the buyer are made specifically for him and by its specifications. The quality of all our products is “Artisanal”. Due to the artisanal nature, shade matching can not be guaranteed: each tile may vary slightly from the original color chips.

9.1 The warranty it’s not applicable in case of deterioration that can’t be traced to the fabrication of the product, such as: hiting breakage, mistakes of handling, or any other modification made by the client. Furthermore, all those damages or defects made by the conservation, the inadequate maintenance, storage or either wrong or careless usage, the inadequate usage of liquids, acids or bases and gases such as inadequate flows or pressures, faulty installations, modifications made without the approval of the FRdT, installations that do not follow the technical instructions of the product and, mainly, any cause that is not attributable to the selling part, will be excluded of the warranty, considering it expired.

10. Responsibilty limitation.

10.1 The responsibility of the FRdT and its agents, employees, outsources and suppliers for the claims derived of the fulfilment or unfulfilment of the contractual duty, does not have to exceed the basic contractual price and wont include in any case the loss derived of the profit cease, lost of income, production or use, resources costs, inactivity costs, delays or reclamations of the buyer’s customers, substituted energy cost, loss of the expected savings, increased cost of the use neither any other especial damage, indirect or consequential nor losses of any kind. The limitation of responsibilty stipulated in the present clause, will prevail over any other clause included in other contractual documents that’s contradictory or incongruous with the present, except if it limits further the FRdT’s responsibility.

10.2 The buyer is aware and expressly accepts that some of the products manufactured by the FRdT do not have the CE marking, excluding of any liability the FRdT.

11. Juristiction.

Any disagreement derived of the deal will be addressed to the seller’s court, Oristela Cejudo Gómez, for the Fàbrica de Rajoles de Tous, therefore, at the Igualada’s court.

La Fàbrica de Rajoles de Tous pertany a: Oristela Cejudo Gómez,  NIF 34747258p

carrer de la Fàbrica de Rajoles, 1

ES-08712 Sant Martí de Tous. Catalunya

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