Identity of the seller:
MEL COMPOSITES, SL, con domicilio en Camí del Mig,5, PI Els Garrofers, 08340 Vilassar de Mar-Barcelona, España . Tel. +34 937415454. Web www.melcomposites.es . NIF B61670212, EU VAT nº ESB61670212 (hereinafter MEL).
Application: These GT & CS are applicable to all sales made to customers of Materiales Estructurales Ligeros, SL (hereinafter MEL), regardless of the type of sale chosen (internet sale, telephone, email, on-site sale or through our sales department). Unless we agree otherwise in writing, they apply regardless of the documents issued by the customers. These terms & conditions may be changed by MEL at any time and without prior notice but will not be of retroactive application. They are available on our website (http://www.melcomposites.es/condiciones-generales-de-venta) and printed on all invoices.
Orders: Orders from our customers bind MEL only if they are subject to written acceptance by MEL.
Products: The main characteristics of the product are indicated in the «Product Data Sheet», based on laboratory tests. MEL’s suppliers may update and improve their data sheets and withdraw products from sale at any time. MEL’s suppliers reserve the right to modify product properties. Measurements and their tolerances may vary.
MEL’s liability is limited to the value of the goods supplied by MEL. It is your responsibility to check with the local authorities in your country for any restrictions on the importation or use of the products ordered.
The purchaser undertakes to respect the normal instructions for use recommended by each manufacturer. MEL cannot be held responsible if the products are not used in accordance with their regular use or are not in conformity with the regulations of the country where they are used.
Price: MEL’s price list does not constitute a definitive offer. Our prices are subject to changes that may occur between the date of order and the date of delivery. Our prices are net prices, Ex-Works and do not include any customs duties or other taxes that may apply. Any changes to one or more of these items prior to delivery will be at the buyer’s expense.
The prices shown are in Euros, excluding VAT and shipping costs. In case of obvious error or an error due to a computer glitch, which shows an item with a derisory value compared to its real value at market price, the sale will not be legally valid due to the erroneous price, not in accordance with the good faith required in the transaction.
Payments: Customers choosing the «web sale» or «sale on the premises» modes must pay before shipping/receiving the goods.
For all other customers, those who do not have a registered account must pay in advance to confirm the order. Customers with a registered account and assigned risk will pay 30 days date of invoice, unless otherwise agreed by MEL in writing. Amounts not paid by the due date will incur a late payment penalty of 2.5% per month, without requiring any prior formal demand. Failure to pay by the agreed due dates will result in the suspension of all deliveries until resolution.
Deliveries – Receipt of goods – Damages – Transfer of Risk: due to availability, an order may be delivered in several instalments even if the payment has been agreed in a single instalment. Furthermore, MEL shall not be liable for any compensation in the event of late delivery or interruption in the supply of products. The following are considered as cases of force majeure exempting MEL from its obligation to deliver: war, riots, fire, strikes, accidents, other acts of God that may occur or the impossibility for Mel to be supplied.
Shipments, even in transport paid terms, travel at the risk of the customer, who must check the merchandise upon receipt. In the event of damage, delay, or loss during transport, it shall be the responsibility of the recipient to refuse delivery or to exercise claims against the transport company, in accordance with commercial law. Complaints about the quality and quantity of the materials in accordance with the order must be made to MEL within 3 days of receipt. Samples will not be sent for testing. MEL do not accept returns except for errors on its side or by prior agreement. If these formalities have not been complied with, MEL will in no case will consider compensation, even partial, to the beneficiary. If the goods are not collected by the customer on the scheduled collection date, Mel may, at the buyer’s sole expense, transfer and/or store and insure the goods at its premises or elsewhere, without detriment to the buyer’s obligations, in particular payment obligations. Complaints to the carrier: On receipt of the material, the consignee must check the package and the goods (quantity, condition) in the presence of the carrier. If you notice any anomaly, please note it on the original delivery note and do not forget to sign it. In order for your complaint to be taken into account, you must comply with the following rules: 1. Note any damage to the package and/or pallet (open, torn, wet, dented, etc.); 2. Specify the product reference and the problem (missing, broken, damp, dented, etc.); 3. If you consider that the condition of the package is not acceptable, we advise you to refuse the delivery, notifying this on the delivery note as detailed above. It is very important that the anomalies described are detailed in your claim, otherwise it would not be accepted.
Returns: Apart from errors at the origin accepted by MEL, the following returns will not be accepted: products delivered more than 30 days before the date of the claim, opened, cut or manipulated products. Systematic loss of value of materials will be invoiced to the customer. The cost of transporting returned goods shall be borne by the customer.
Warranty: MEL’s sole warranty is strictly limited to the conformity of deliveries with the specifications of the goods indicated in the sales contract. The purchaser is obliged to ensure, prior to use, that the goods delivered correspond to the order placed. No claims regarding quality, weight or conformity of goods delivered after a maximum period of twenty (20) days after acceptance by the Buyer shall be admissible. No claims are admissible after the goods have been used or if the rules of protection and conservation of the goods have not been respected.
The warranty on manufacturing defects only involves the replacement of products recognized as defective that have not yet been used, but under no circumstances shall MEL be liable in any other way. MEL shall not be liable for damage caused to the user by a hidden defect in the delivery.
We reserve the right to change the supply, packaging, or price of our products. This is without obligation for us to modify previously ordered products.
Ownership: MEL retains the ownership of the delivered goods until full payment has been received. However, from the moment dispatch begins, the goods are at the risk and expenses of the buyer. The buyer may use the products in the normal context of application in his company. This authorization shall be cancelled as soon as there is a payment incident, without a formal claim being necessary. Therefore, MEL may reclaim the materials still in the possession of the purchaser until payment is fully satisfied, even in the event of collective or temporary injunctive relief proceedings. Any advance payment shall be treated as compensation. The purchaser undertakes to carry out the necessary procedures to ensure that the goods are identified and considered to all intents and purposes to be the property of MEL.
Technical Advice: MEL provides technical advice free of charge, but only for guidance purposes. It is therefore the responsibility of the purchaser to ensure that the products ordered correspond to their end use or expected results/characteristics.
Applicable Law: In the event of litigation, and with express waiver of their own jurisdiction, both parties expressly submit to the Courts of Justice of Mataró (Barcelona) for the resolution of any doubts, disputes and divergences that may arise. This choice of jurisdiction by Mel does not give the customer the right to cancel an order, this possibility being solely reserved to the seller. Orders are accepted exclusively under the above conditions, in case of changes by the customer to what was initially stipulated, our company will only be involved in case of a new formal agreement on our behalf.
All general or provisions appearing in commercial documents or other documents of the customer which are contrary to the present general conditions of sale shall be considered null and void and shall not be considered.
Eduardo Galofré | CEO