Article 1. Definitions.
In these general terms and conditions, the following terms are used with the following meanings unless explicitly stated otherwise.
Seller: The company
Buyer, an opposite party acting with respect to this firm. It may be an individual or corporate entity that acts during the course of a business deal or practicing a profession or acting on behalf of a company.
Agreement between the buyer and seller: the product contract of sale entered into by and between a seller practicing a profession or carrying out a business deal and a buyer who is an individual or corporate entity acting on his/her own behalf and/or on behalf of a company.
Article 2. General.
1. These terms and conditions shall apply to the offer of each and every agreement by and between the seller and a buyer, to which the seller has declared these terms and conditions applicable, provided the parties have not explicitly deviated from these terms and conditions in writing.
2. These terms and conditions shall also apply to the agreements with the seller whose execution requires services from third parties.
3. Possible deviations from these general terms and conditions shall solely be valid provided they have been expressly agreed upon in writing.
Article 3. Bids and Tenders.
1. All bids shall be free of conditioning factors and shall be made in writing or in another manner, unless the seller renounces a bid in writing for practical or urgent reasons, or for reasons of another kind.
The bid shall have a date, or they shall be given the possibility for it to be determined in accordance with the date.
2. The seller shall solely have the obligation of honoring bids and tenders if the buyer accepts them, preferably in writing with two days. Prices indicated in the bid shall include VAT, under the special article: 26 BIS of Directive 77/388CEE, unless otherwise stated, pursuant to valid laws.
Article 4. Execution of the Agreement.
1. This Agreement is entered into with the buyer’s opportune acceptance of the seller’s bid.
2. In the price set by the asset, it is taken into account that all products are sold as collector’s items, taking into account the asset’s condition, as a whole and the condition of its mechanical and fundamental components, its age and mileage, whereby the seller is exempt from any claim from this party.
Article 5. Warranty.
1. All products are sold “as is” at the time of formalizing the purchase, and they are acquired as such with the characteristics of their condition they are found in, and pursuant to all of the above, a total price agreed upon by the parties has been set with its defects, flaws and virtues.
2. All products are sold including flaws and defects, visible or otherwise, in the condition in which they are found, a sine qua non condition hereof.
3. All products are sold with or without their attached documents, such as registration or other reports.
4. If one of the documents or written records comes with the products, rights from these documents or written records to to accuracy, originality, etc. may not be derived.
5. All products are being sold as collector’s items and as material witnesses of human activity that may serve to study past generations and industrial development. They were seen and known to the buyer, whereby they should be used for the originally foreseen purposes.
6. The warranty shall not apply, regardless of the foregoing, when a defect is caused from imprudent or inadequate use or when the buyer or third parties have made changes or attempted to make changes to the asset without the seller’s written consent or if they have used it for purposes for which the asset is not appropriate.
Article 6. Payment.
1. Goods shall be delivered after full payment of the stipulated purchase price, including all other costs related to the purchase.
2. Unless otherwise stated, the goods shall be delivered to the seller’s address.
3. Payments, unless otherwise agreed, shall be made via bank transfer to the number indicated by the buyer or via cashier’s check, and shall be accompanied by the client’s personal identification document.
4. The buyer, in any event, must honor the date established for payment. If a partial payment has been made by way of a down payment, and the buyer fails to comply with the payment date established for paying off the rest, it shall lose the down payment.
Article 7. Property reservation.
1. The seller shall be the full owner of the delivered goods until the purchase price has been paid in full.
Article 8. Price increase.
1. If, once the contract is executed, delivery takes place within a period greater than three months due to reasons beyond the seller, it shall be entitled to an increase in the goods’ price, thereby notifying the buyer of this modification in advance.
Article 9. Delivery.
1. The buyer has the right and opportunity to inspect and verify the goods beforehand.
2. Unless agreed otherwise, delivery shall be made to the seller’s domicile.
3. The buyer shall be required to accept delivery of the goods acquired at the time that said goods are available to it.
4. If the buyer refuses to accept delivery of the goods acquired or does not give the necessary delivery information or instructions, the goods to be delivered are stored under the buyer’s responsibility after the seller’s notice. In this case, the buyer shall bear all additional costs.
5. If, within the context of executing the contract, the seller requires information to be given by the buyer, the delivery period shall commence after the buyer has provided the seller with its information.
6. If the seller has given a delivery period, it shall only be an for purposes of illustration. The final delivery period may be exceeded if there are grounds for force majeure. The seller shall notify the buyer of these grounds.
7. If the buyer cannot pick up the goods acquired at the user’s domicile, there shall be a possibility of sending the goods to the domicile indicated in writing by the buyer. The buyer shall exclusively bear shipping costs.
Likewise, the seller shall not be liable for any damage or loss that the goods may suffer during shipping once they leave its premises.
The buyer shall have the option to take out insurance with the shipping company.
Article 10. Risk Transfer.
1. The risk of loss or damage to the products hereunder shall be transferred to the buyer once said products are delivered (if the delivery is made at the seller’s domicile) or when said products are delivered to the shipping company (if the buyer decides to receive the goods at its domicile), the buyer being liable, and taking responsibility therefor; whereby it holds the seller harmless for any and all matters that may arise after taking possession of the goods, including liabilities and sanctions of any kind.
Article 11. Suspension and Dissolution.
1. The seller may suspend fulfillment of the obligations set forth in the agreement or dissolve the contract, in the event that: –buyers do not fully fulfill their obligations arising from the agreement;–after which the contract was entered into, if the seller learns of the circumstances that give rise to fear that the buyer is not going to fulfill its obligations;–if, upon executing the contract, the buyer is requested to make a down payment and/or deposit ensuring fulfillment of its obligations arising from the contract and it is not provided or is insufficient.
2. The seller is also authorized to dissolve the agreement if circumstances arise of such a nature that it is impossible to fulfill the obligations or if other circumstances arise of such a nature that they alter maintenance of the agreement.
Article 12. Intellectual Property and Copyright.
1. The buyer shall protect the seller in intellectual property rights to the material or data provided that are used for and during execution hereof.
Notwithstanding the rest of the stipulations of these general terms and conditions, the seller reserves the rights and authorities under the Copyright Act.
Photographs, scanned documents, sketches, drawings, films, software and any other material or files (electronic), furnished by the seller within the context of this agreement, shall remain its property, regardless of whether they have been delivered to the buyer or to third parties, unless otherwise agreed in writing.
All information, photographic, video material, or any other type of material provided by the seller must be assigned for use by the buyers exclusively, and must not be reproduced, disclosed or made known to third parties by the buyer without the seller’s prior consent, unless otherwise stated.
Article 13. Force majeure.
1. The seller shall not be required to fulfill any of its obligations if they are hindered from doing so due to a circumstance outside its control.
2. Besides the provisions of the law, force majeure, in these general terms and conditions, shall mean any external circumstance, foreseen or otherwise, wherein the seller cannot have any influence but that prevents it from fulfilling its obligations.
3. Insofar as the seller has already partially fulfilled its obligations arising from the contract at the time that the force majeure circumstance has commenced, the seller shall be entitled to bill separately the completed part or part to be completed respectively. The buyer shall be required to pay this invoice as if it were a separate agreement.
Article 14. Changes in Terms and Conditions, Interpretation.
1. The version of these general terms and conditions prevails at all times in the event of controversies over the interpretation and purpose of these terms and conditions.
2. The most recent version submitted shall be applied in the event that it takes place after the agreement is executed.
Article 15. Controversies.
For any lawsuit arising between the parties about the interpretation or fulfillment of the contract, they, with express waiver to the jurisdiction to which they may be entitled, shall subject themselves to the Courts and Tribunal of the city of Manzanares (Ciudad Real) and hierarchical superiors (Spain).
Buyers who acquire goods from this company delcare that they have been informed of these general sales terms and conditions, which they do accept.