- PREAMBLE: The following conditions apply to all products offered (new or used) services and parts manufactured or distributed by AUSA. The placing of an order implies that the purchaser accepts these Terms and Conditions, with the exclusion of all others.
- PURCHASE ORDER: Any purchase order received by AUSA is subject to confirmation in writing, where the configuration and final price as well as the expected date of delivery in Manresa (Spain) will be indicated. The data on the order confirmation prevails over any prior information.
- PRICE OF THE MACHINES: The general price conditions are EX-WORKS (EXW - Incoterms 2010) and are expressed in Euros, unless otherwise indicated. The price does not include any direct or indirect tax, which will be paid by the buyer.
- TERMS: The delivery times indicated on the order confirmation are approximate and may not give rise to penalties for any delays or damages. Should the order include special accessories not included in the current list price, the buyer cannot use this reason to cancel the order.
- MODIFICATION AND CANCELLATION OF PURCHASE ORDER: Once the purchase order is confirmed, no change in the configuration or cancellation of the order can be made without prior written authorisation from the AUSA Sales Director. To request the modification or cancellation, the purchaser must submit a written authorization addressed to the person responsible for your account at AUSA. If approved, 20% of the import of the machines will be withheld in the concept of participation in logistics costs, quality management and restocking. Machinery orders or special accessories not included in the current price list will not be subject to any modification or cancellation.
- COMPLAINTS AND WARRANTY: Any complaints about the non-conformity of the products received in connection with products supplied must be carried out according to the channels and deadlines established (KM0 claim). The buyer expressly acknowledges having received and accepted the terms of our warranty policy.
- RETURNS: The return of machines will not be accepted without prior written authorisation from the AUSA Sales Director. To request the refund, the purchaser must submit a written authorization addressed to the person responsible for your account at AUSA. If approved, 20% of the import of the machines will be applied. Transportation to the place of production will be paid by the purchaser. Also, the machines must be delivered with the original configuration and in perfect conditions, without being used. If the machines are received in poor conditions, AUSA is entitled to pass on these costs after receiving the AUSA product. Machine orders or special accessories not included in the current price list shall not be subject to any modification or cancellation.
- PAYMENT: Except where otherwise stipulated, invoices must be paid in advance with 20% at the time of order and 80% before collection in AUSA. In case of an authorized delayed payment the period shall begin on the date of the invoice. Orders for special accessories or special machines may not be subject to any payment deferment. The obligatory place of payment will be AUSA Center, S.L.U., unless otherwise agreed.
- DELAYS: Any delays in payment, automatically and without notice, will result in a default interest of 1% per month of delay, calculated on the amount owed and the period between the due date and the date the payment is received. The default of a debtor to a deadline after prior agreement extension makes all our debt immediately payable. This default will result in automatic termination of contracts and orders.
- OWNERSHIP: Ownership of the product will be AUSA until 100% of the amount of the invoice issued has been paid. In case of insolvency, bankruptcy or liquidation for the purchaser, AUSA acquires the right to recover goods supplied as collateral to receive outstanding payments.
- DATA PROTECTION: In compliance with the Personal Data Protection Regulations and thus, in accordance with the Spain Organic Law 15/1999, dated 13th December 1999, on the Protection of Personal Data (LOPD), we inform you that the contact details hereby provided are included in a file owned by AUSA Center, S.L.U. Notwithstanding the aforementioned, you are acknowledged to have and may exercise the rights of access, cancellation, rectification and opposition, by writing to ausa@ausa.com or to AUSA Center, S.L.U., C. Castelladral, 1 - 08243 Manresa, España.
- APPLICABLE LAW: The contract is subject to the United Nations Convention on Contracts for the International Sale of Goods, 11th of April 1980 (CISG) regardless of whether the purchaser is resident in a CISG state or not. Additionally, the Spanish law is applicable without recourse to its conflict-of-laws rules. The conclusion of this contract is subject exclusively to the Spanish law without recourse to its conflict-of-law rules and excluding the CISG.
- JURISDICTION: Any dispute concerning the interpretation and / or execution of these conditions of sale shall be sent to the Courts of the City of Manresa (Spain), unless otherwise agreed.
COMPANY ADDRESS: AUSA Center, S.L.U. - C. Castelladral, 1 - 08243 Manresa – Province of Barcelona – Spain, registered in the Mercantile Registry of Barcelona, T.38.109 - F.222- H. B-318.215 - INSC 11a