{"id":8004,"date":"2021-02-10T09:50:22","date_gmt":"2021-02-10T08:50:22","guid":{"rendered":"https:\/\/fluxlasers.eu\/general-terms-and-conditions-of-sale\/"},"modified":"2021-02-10T09:50:22","modified_gmt":"2021-02-10T08:50:22","slug":"general-terms-and-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/fluxlasers.eu\/en\/general-terms-and-conditions-of-sale\/","title":{"rendered":"General Terms and Conditions of Sale"},"content":{"rendered":"

General Terms and Conditions of Sale applicable to MACHINES, COMPONENTS, EQUIPMENT AND SYSTEMS distributed by BOMEDIA, S.L.<\/strong><\/p>\n

Version: January 2021.<\/p>\n

    \n
  1. General information<\/strong>.<\/li>\n<\/ol>\n

    1.1 The sale and supply of machines, components, services and systems (hereinafter, the \u201cSupplies\u201d) to be carried out by BOMEDIA S.L. (Via Augusta 48, 2\u00ba 5, Barcelona, Spain \u2013 Tax ID: B63609309) (hereinafter, the Seller) shall be governed by these General Terms and Conditions of Sale, except for anything expressly agreed otherwise in the corresponding offer or in the acceptance of the order and which constitutes its specific terms and conditions. Therefore, any other terms and conditions that have not been expressly accepted by the Seller shall be null and void for all purposes. <\/p>\n

    1.2 These General Terms and Conditions shall be deemed to have been communicated to the Buyer from the moment the Buyer is informed of the website where they are available, or receives an offer from the Seller accompanied by these Terms and Conditions, or which refers to the place where the terms and conditions are published. Alternatively, they shall be deemed to have been communicated if the Buyer previously received them in the course of its business relationship with the Seller; in all such cases, they shall be deemed accepted by the Buyer for all purposes upon placing its order. <\/p>\n

      \n
    1. Intellectual and industrial property.<\/strong> The intellectual and\/or industrial property of the offer, in all its terms, the information attached thereto, as well as that of the machines, equipment and components that are the subject of the Supply, and that of the elements, plans, drawings, software, trademarks, logos, trade names, etc., incorporated in or relating thereto, belongs to the Seller or its suppliers. Therefore, the Buyer is expressly prohibited from using them for any purpose other than fulfilling the order under the terms agreed with the Seller.<\/li>\n
    2. Order placement and scope of supply. <\/strong><\/li>\n<\/ol>\n

      3.1 The scope of the Supply must be clearly specified in the Buyer\u2019s order. For the order to be effective, it must receive the Seller\u2019s express acceptance, except in cases where, given the periodic nature of the Supply, this requirement has been waived by mutual agreement. <\/p>\n

      3.2 The Supply includes only the equipment and materials covered by the order, except in cases where, in the Buyer\u2019s order accepted by the Seller, additional documentation, information, support or services are explicitly included.<\/p>\n

      3.3 The weights, dimensions, capacities, technical specifications and configurations relating to the Seller\u2019s products included in catalogues, brochures, leaflets and technical literature are indicative and non-binding, except where the Seller accepts a fixed specification from the Buyer, which must form part of the order documents.<\/p>\n

      3.4 Any changes and\/or variations to the scope, deadlines or other terms of an order proposed by either Party must be notified to the other Party, always in writing, and, to be valid, must be accepted by that Party. Changes and\/or variations shall also include those caused by changes in applicable legislation, regulations and standards that occur after the date of submission of the corresponding offer; if such changes and\/or variations impose additional or more onerous obligations on the Seller, the Seller shall be entitled to an equitable adjustment of the contractual terms fully reflecting the consequences of the new or amended law or regulation. <\/p>\n

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      1. Prices<\/strong>.<\/li>\n<\/ol>\n

        4.1. The prices for the Supply in force at any given time and indicated in the Seller\u2019s commercial offer are net, excluding VAT and any other tax, duty or fee, which will subsequently be charged on the invoice at the applicable rates. Unless otherwise stipulated in the order, or agreed between the Buyer and the Seller arising from their business relationship, the Supply prices do not include transport, handling or insurance and are deemed ex works at the Seller\u2019s premises. These prices are valid only for an order for all materials specified in the offer. <\/p>\n

        4.2. In the case of offers prior to the order (catalogues, website, promotions, etc.), the quoted prices are valid for one month and during this period shall be considered fixed under the payment terms specified in the offer, unless the quoted Supply consists of imported equipment subject to currency exchange contingencies or the payment of duties and fees, in which case the offer price would be adjusted according to such variations.<\/p>\n

        4.3. The prices indicated in the offer are understood to apply under the payment terms specified therein. If these payment terms are modified, the offer prices will be revised. <\/p>\n

        4.4. Once the order has been accepted by the Seller, the Supply prices shall be considered fixed and not subject to revision. However, a price revision shall apply when: a) It has been agreed between the Buyer and the Seller; b) The scope of the Supply has been modified at the Buyer\u2019s request and, in general, any variation and\/or modification occurs pursuant to these Terms and Conditions; c) The prices have been quoted in a currency other than the EURO, to the extent that such currency has experienced a parity change against the EURO from the order date to the contractual invoicing dates for each milestone; d) The Supply covered by the order has been suspended for reasons attributable to the Buyer, for example, due to non-compliance with the payment terms. <\/p>\n

          \n
        1. Payment terms. Retention of title (5.7.). <\/strong><\/li>\n<\/ol>\n

          5.1. The Seller\u2019s offer or, if none exists, the Buyer\u2019s order accepted by the Seller, shall include the payment terms for the Supply. As a general rule, the supply of the goods shall require prepayment, unless otherwise established in the specific terms applicable between Buyer and Seller. Such payment terms must comply with the provisions of Law 15\/2010 of 5 July, amending Law 3\/2004 of 29 December, establishing measures to combat late payment in commercial transactions, and shall in no case exceed the maximum periods established therein. <\/p>\n

          5.2. Payment shall be made under the agreed terms, into the Seller\u2019s bank account or by another agreed method. Payment shall be made without any deduction such as unagreed withholdings, discounts, expenses, taxes or fees, or any other deduction. <\/p>\n

          5.3. If, for reasons beyond the Seller\u2019s control, delivery, assembly or commissioning or receipt of the Supply is delayed, the contractual payment terms and deadlines shall remain in force.<\/p>\n

          5.4. In the event of late payment by the Buyer, the Buyer must pay the Seller, without any requirement and from the payment due date, late-payment interest on the overdue amount, calculated in accordance with Article 7 of Law 3\/2004 of 29 December, as amended by Law 15\/2010 of 5 July. Payment of such interest shall not release the Buyer from the obligation to make the remaining payments under the agreed terms. <\/p>\n

          5.5. If the Buyer incurs delays in the agreed payments, the Seller may, provisionally or definitively, at its discretion, suspend shipment of the Supply or performance of the services associated with it, without prejudice to requiring the Buyer to make the overdue payments and, where applicable, claiming additional compensation for such suspension of the Supply or performance of the agreed services.<\/p>\n

          5.6. The submission of a claim by the Buyer does not entitle it to suspend or make any deduction from the committed payments.<\/p>\n

          5.7. The equipment and materials covered by the order shall be supplied under retention of title in favour of the Seller until the Buyer has fully complied with its payment obligations. The Buyer shall be obliged to cooperate and adopt all measures necessary or appropriate, and those proposed by the Seller, to safeguard the Seller\u2019s ownership of such equipment and materials. Until full payment of the Supply price, delivery of the goods shall be made as a mere deposit and the Buyer shall be deemed the custodian thereof, being liable for any damage that occurs, including total destruction, and may not sell, pledge, lease or encumber them with any obligation without the Seller\u2019s prior written consent. In the event of seizure of the Buyer\u2019s assets, the Buyer undertakes to immediately notify the Seller, as well as any limitation of title promoted by third parties over its assets. It is agreed that the Buyer may not, under penalty of a claim for damages for abusive resistance, refuse to return the goods upon the first request made by the Seller in application of this retention of title. The goods thus recovered shall be appraised to determine their value and shall be applied to payment of outstanding debts, including interest, plus all expenses incurred in recovering such goods, including the appraisal, and without prejudice to any damages that may be owed by the Buyer as compensation for the loss suffered by the Seller as a result of termination of the sale due to non-payment of the price. <\/p>\n

            \n
          1. Delivery period and conditions. Transfer of risk. <\/strong><\/li>\n<\/ol>\n

            6.1. The Supply shall be delivered to the person, at the place and within the period indicated in the order acceptance. If the delivery point is not specified, the Supply shall be deemed to be made at the Seller\u2019s warehouses. For the delivery period to be binding on the Seller, the Buyer must have strictly complied with the established payment schedule. <\/p>\n

            6.2. The delivery period shall be modified when: a) The Buyer does not provide, on time, the documentation necessary for performance of the Supply; b) The Buyer requests changes to the order that are accepted by the Seller and which, in the Seller\u2019s opinion, require an extension of the delivery period; c) Performance of the Supply requires work by the Buyer or its subcontractors and such work has not been carried out on time; d) The Buyer has breached any of the contractual obligations of the order, especially those relating to payments; e) For reasons not directly attributable to the Seller, delays occur in the production or availability of all or some of the elements of the supply. By way of illustration, but not limitation, the following causes of delay are included: supplier strikes, transport and service disruptions, failures in third-party supplies, failures in transport systems, floods, storms, disturbances, strikes, extraordinary and unforeseeable situations preventing compliance with delivery deadlines such as states of alarm, siege or emergency declared by the competent authority, work stoppages by the Seller\u2019s personnel or its subcontractors, sabotage, accidental stoppages in the Seller\u2019s workshops due to breakdowns, etc., and force majeure causes contemplated in applicable legislation as set out in Clause 15; f) Suspension of the Supply covered by the order caused unilaterally by the Buyer. <\/p>\n

            In all the above cases, postponements of the delivery period shall not modify the Supply payment schedule.<\/p>\n

            6.3. Delay in delivery of the equipment and materials covered by the order directly attributable to the Seller shall not imply cancellation of the order nor any compensation in favour of the Buyer, except for the penalty previously agreed between both parties, such penalty being the only possible compensatory remedy for delay.<\/p>\n

            6.4. The Supply shall be deemed delivered when the Buyer signs the Supply receipt document or delivery note. The Buyer is obliged to verify the condition of the goods at that time and indicate any anomalies on the Supply receipt delivery note. The Seller transfers to the Buyer the risk in the goods delivered from the moment they are delivered at the agreed place in each case. <\/p>\n

            6.5. No orders will be dispatched or delivered on Saturdays, Sundays or public holidays.<\/p>\n

            6.6. Invoices will be sent to the email address expressly indicated by the Buyer in the order. For online orders, the invoice will be sent to the email address provided by the customer when registering at fluxlasers.es<\/a>, unless the Buyer expressly indicates another address. <\/p>\n

              \n
            1. Packaging and transport <\/strong><\/li>\n<\/ol>\n

              7.1 Unless otherwise agreed in advance with the Buyer, the packaging of the equipment and materials covered by the Supply shall not be subject to an additional charge on the sale price, and returns of such packaging will not be accepted. Pursuant to Royal Decree 782\/98 of 30 April, Article 18, and Law 11\/1997 of 24 April on Packaging and Packaging Waste, as the final recipient of our packaging, it is the Buyer\u2019s responsibility to provide the most appropriate environmental treatment (recovery, reuse or recycling). <\/p>\n

              7.2 Unless otherwise agreed in advance with the Buyer, transport, including loading and unloading, shall be carried out at the Buyer\u2019s cost and risk, and therefore the Seller shall not be liable for any claim regarding damage to or deterioration of the Supply, with the Buyer assuming such risks.<\/p>\n

              7.3. If the products or equipment are ready to be supplied or, alternatively, awaiting agreed testing, and the Buyer does not collect them or does not reach an agreement with the Seller for storage at the Seller\u2019s premises under agreed conditions, all storage costs, assessed at the Seller\u2019s discretion, shall be borne by the Buyer, who shall also bear all risks that the stored material may suffer.<\/p>\n

              Machines weighing more than 25 kg will be delivered and\/or collected at street level. The customer is responsible for moving them correctly to the installation location. <\/p>\n

              In all cases, the customer must keep the original packaging in order to send the material for repairs or inspections to the Supplier\u2019s workshops.<\/p>\n

              Collections of material weighing more than 25 kg (for repairs) must be made from an address accessible to a truck with a driver without an assistant.<\/p>\n

                \n
              1. Inspection and acceptance. <\/strong><\/li>\n<\/ol>\n

                8.1 Unless expressly stipulated otherwise in the Seller\u2019s offer or the Buyer\u2019s order accepted by the Seller, tests and the final inspection prior to shipment of the supply shall be carried out by the Seller. Any additional test or trial required by the Buyer must be specified in the order, indicating the applicable standard and, where applicable, the place and entity where such tests will be carried out. These additional tests must be approved by the Seller and shall be carried out at the Buyer\u2019s expense. <\/p>\n

                8.2. Once the Supply has been received, the Buyer shall verify its contents within no more than 24 hours from receipt, to check for any defects and\/or shortages that may be attributable to the Seller, and shall immediately notify the Seller, where applicable, of the existence of such defects and\/or shortages.<\/p>\n

                8.3. If the Supply presents defects and\/or shortages attributable to the Seller, the Seller shall take the necessary measures to remedy them.<\/p>\n

                8.4. Except where acceptance tests have been established under conditions and dates agreed between the Seller and the Buyer, as indicated in section 8.1, once 24 hours have elapsed from the Buyer\u2019s receipt of the Supply without the Seller having received written notice of any defects or shortages, the Supply shall be deemed accepted and the warranty period shall start to run from that moment. The supply purchased from the Seller may present visual imperfections in the finish of the machines (paint defects, dents, scratches, etc.). <\/p>\n

                8.5. For all purposes, the Supply shall be deemed to have been received and accepted by the Buyer if, where acceptance tests have been agreed, they are not carried out within the stipulated period for reasons not attributable to the Seller, or if the Buyer begins to use the product covered by the Supply.<\/p>\n

                  \n
                1. Return of materials. Claims. <\/strong><\/li>\n<\/ol>\n

                  9.1. In no case will the Seller accept returns of materials without prior agreement with the Buyer. A period of 24 hours is established from the time the Supply is received by the Buyer for the Buyer to notify the Seller of its intention to make a return and the justification for it, and to agree with the Seller, where applicable, on the return procedure. In any case, the Buyer\u2019s claims to the Seller must be made in writing and in a verifiable manner. <\/p>\n

                  9.2 Returns or shipments of material to the Seller\u2019s premises, whether for credit, replacement or repair, must always be sent carriage paid.<\/p>\n

                  9.3. In the event of a return due to an order error or other causes not attributable to the Seller, 15% of the net value of the returned material will be charged as a contribution to inspection and reconditioning costs. Returns of consumables are not accepted. <\/p>\n

                  9.4. The Seller will not accept returns of materials that have been unsealed from their original packaging, used, installed in other equipment or installations, or subject to disassembly not carried out by the Seller.<\/p>\n

                  9.5. The Seller will also not accept returns of products designed or manufactured specifically for the order.<\/p>\n

                  9.6. The Seller shall not be responsible for incidents or breakdowns occurring in the machines due to problems in the power supply. A voltage regulator is essential for use. In the event of a breakdown due to electrical causes, the Buyer must notify its insurer, waiving any claim for compensation for damages to materials or persons. The Buyer must have insurance coverage in place. <\/p>\n

                  9.7. For the proper operation of the machines covered by the Supply, it is advisable to provide sufficient space in accordance with the machine\u2019s dimensions. Under no circumstances will the Seller accept returns or collect heavy machines such as printers, laser cutters or laminators weighing more than 15 kg, or special\/custom-made orders. <\/p>\n

                  9.8. Returns will also not be accepted in the event of transport-related issues such as scratches or damage that do not interfere with the proper operation of the machine. In this case, repairs will be carried out at the Buyer\u2019s premises. <\/p>\n

                  9.9. Returns of software, cartridges or unsealed ink bottles will not be accepted to prevent fraudulent copying or improper use. Consumables such as blades, inks or rollers, cleaning stations, dampers, disc burners, heads, parts in contact with ink, tubes, heating elements, filaments, etc. are excluded from warranty due to wear and tear from use of the machines. <\/p>\n

                    \n
                  1. Withdrawal. Cancellation of purchase. <\/strong><\/li>\n<\/ol>\n

                    10.1.<\/strong> When the Buyer is the final consumer<\/strong> and is not satisfied with the order, in distance sales, in accordance with applicable regulations, the Buyer shall have the right to withdraw from the contract and return the purchased goods within 14 days from the date of receipt, provided that the conditions set out in points 10.2, 10.3 and 10.4 below are met. <\/p>\n

                    10.2. The Buyer shall bear the costs of returning the goods, unless the order cancellation is communicated before the goods are dispatched to their destination, in which case withdrawal within the period shall not entail any cost for the Buyer.<\/p>\n

                    10.3. The Buyer may withdraw from the contract and return the purchased product provided that it has not been used or handled, is in perfect condition and is returned in its original packaging. Returns will not be accepted when the purchased goods have been used or handled, are not in their original condition, or the packaging in which they were delivered is missing. <\/p>\n

                    10.4. Any return due to cancellation of the purchase by a final consumer must be previously authorised by the Seller, in accordance with the following protocol: a) The Buyer must send an email to pedidos@bomedia.net<\/a> detailing the reasons for the return, or contact the seller by phone at (+34) 93 201 07 93; b) The Seller will provide the Buyer with a reference number to identify the cancellation process, which must be clearly visible on the packaging of the returned product; c) Once the return has been received and its contents checked, the Buyer will receive an email communication in which, with justification, the cancellation\/return is accepted or rejected; d) If the cancellation\/return is accepted, the Buyer may exchange the product for another identical one or receive a refund from the Seller of the amount paid. <\/p>\n

                    10.5. Supply to professionals, companies or individuals who use the purchased goods in their professional or commercial activity does not grant the Buyer any unilateral right of withdrawal<\/strong>. When the Buyer purchases the goods for use in its professional activity or for its commercial establishment, the Seller assumes that the Buyer is a professional even if it is not registered in the corresponding commercial register. <\/p>\n

                    A professional Buyer has no right to withdraw\/cancel the sale if the order is in progress and the Seller is performing. If the Buyer communicates, before delivery, that it no longer wants the goods, the Seller, if it accepts the cancellation\/return, is entitled to claim a penalty for expenses, damages and losses. The penalty for expenses shall amount to 20% of the total purchase amount, unless the Seller can prove a higher amount for damages and losses. <\/p>\n

                      \n
                    1. Warranties. Included repair services. Excluded repair services. <\/strong><\/li>\n<\/ol>\n

                      11.1 Unless expressly stipulated otherwise in the offer or order acceptance, the Seller warrants the products it has supplied against defects in materials, manufacture or assembly for a period of one year from the date of receipt for Buyers engaged in a productive or commercial activity, and for a period of two years<\/strong> for final consumers, except under special conditions.<\/p>\n

                      11.2. The warranty set out in section 11.1 consists of the repair or replacement (at the Seller\u2019s option) of the elements recognised as defective, whether due to material defects or manufacturing or assembly defects. Repairs shall be deemed to be carried out at the Seller\u2019s workshops, with disassembly, packaging, loading, transport, customs, fees, etc., arising from sending the defective material to the Seller\u2019s workshops and its subsequent delivery to the Buyer, being borne by the Buyer. However, it may be agreed with the Buyer that repairs and replacements of the defective element will be carried out at the Buyer\u2019s premises, subject to acceptance of a quotation for travel and labour. <\/p>\n

                      11.3. Repair or replacement of a defective element does not change the start date of the warranty period for the Supply as a whole, which shall be as indicated in section 11.1. However, the repaired or replaced element shall have a one-year warranty from its repair or replacement. <\/p>\n

                      11.4. When the warranty referred to in section 11.2 consists of a replacement that, due to urgency, must be immediate, the Buyer undertakes to return the defective part or element within a period not exceeding 7 days<\/strong> from the date of delivery of the new part or element. If the replaced item is not returned, the sent part will be invoiced and the Buyer shall be obliged to pay its price. <\/p>\n

                      11.5. This Warranty shall only be valid and in force in the country where the goods were purchased, provided that the Seller has designated the goods for sale in that country. However, where the goods have been purchased in a Member State of the European Union, this Warranty shall also be valid. <\/p>\n

                      11.6. BOMEDIA, S.L.\u2019s obligation regarding its products under warranty is limited to replacing parts or repairing them at its discretion and at BOMEDIA, S.L.\u2019s premises or those of an agent or distributor authorised by BOMEDIA, S.L. If replacement of parts at the customer\u2019s premises is required, it will be carried out subject to acceptance of a quotation for travel and labour.<\/p>\n

                      11.7. In no case shall the Seller be responsible for repairs carried out by personnel outside its organisation. BOMEDIA, S.L. is not responsible for the final finish produced by the machine, such as staining, dripping or print quality, which shall be the responsibility of the hired technician. <\/p>\n

                      11.8. Products and accessories that require assembly, configuration and handling by the buyer are not covered by this warranty<\/u>. The following are also excluded from the warranty and from free repair<\/u><\/strong> for the Buyer, damages or defects: a) Due to normal wear and tear from use of the equipment; b) Caused by improper preservation or maintenance, incorrect or negligent storage or handling, abusive use, use of unsuitable liquids and gases, as well as unsuitable ink, flow or pressure, defective assemblies, variations in the quality of the electrical supply (voltage, frequency, disturbances, …); c) Breakage of the head and other consumables; d) Modifications introduced into the Supply without the Seller\u2019s approval, installations carried out or modified subsequently without following the product\u2019s technical instructions and, in general, any cause not attributable to the Seller. <\/p>\n

                      11.9. Likewise, the warranty shall be deemed void if, where commissioning of the Supply with assistance from the Seller\u2019s personnel has been stipulated, the Supply is commissioned without such assistance, or if, in the event of a breakdown, measures are not taken to mitigate the damage.<\/p>\n

                      11.10. Notwithstanding the provisions of the preceding sections of this clause, the Seller shall not be liable, in any case, for defects in the equipment and materials covered by the Supply for a period exceeding 1 year for professionals and traders and 2 years for final consumers, counted from the start date indicated in section 11.1, except under special conditions. <\/p>\n

                      11.11. Consumables such as blades, inks or rollers, cleaning stations, dampers, disc burners, heads, parts in contact with ink, tubes, heating elements, filaments, etc. are excluded from warranty due to wear and tear from use of the machines. Their replacement or repair shall be subject to the corresponding Buyer order and Seller quotation. <\/p>\n

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                      1. Limitation of liability. <\/strong><\/li>\n<\/ol>\n

                        12.1. The liability of the Seller, its agents, employees, resellers, subcontractors and suppliers for claims arising from the performance or non-performance of their contractual obligations shall not, in aggregate, exceed the basic contractual price and shall in no case include damages arising from loss of profit, loss of revenue, production or use, capital costs, downtime costs, delays and claims from the Buyer\u2019s customers, substitute energy costs, loss of anticipated savings, increased operating costs, or any special, indirect or consequential damages or losses of any kind.<\/p>\n

                        12.2. The limitation of liability contained in this clause shall prevail over any other contained in any other contractual document that contradicts or is inconsistent with it, unless such provision restricts the Seller\u2019s liability to a greater extent.<\/p>\n

                          \n
                        1. Export limitation. <\/strong><\/li>\n<\/ol>\n

                          The Buyer acknowledges that the products supplied by the Seller may be subject to local or international provisions and regulations relating to export control and that, without export or re-export authorisations from the competent authorities, the supplies may not be sold, rented or transferred, nor used for any purpose other than what has been agreed. The Buyer is responsible for complying with such provisions and regulations, and the Seller shall be released from any liability for any non-compliance by the Buyer in this regard. The supplied products may not be used, directly or indirectly, in connection with the design, production, use or storage of chemical, biological or nuclear weapons, nor for their delivery systems. The supplies may not be used for military or nuclear applications without the Seller\u2019s prior written consent. <\/p>\n

                            \n
                          1. Termination<\/strong><\/li>\n<\/ol>\n

                            14.1. Either Party may immediately terminate the contract by written notice to the other Party if the other Party materially breaches it. No breach of contract shall be considered material unless the breaching Party has been previously notified in writing and has not remedied the breach within thirty (30) days following the notice. The following shall also constitute grounds for termination: a) The dissolution and\/or liquidation of either Party, except in the context of merger operations carried out within the group to which each belongs; b) The cessation of activity of either Party; c) The persistence of a Force Majeure Event \/ supervening circumstance \/ suspension for more than three (3) months from the date of receipt by one of the Parties of the first written communication sent by the affected Party referred to in Clause 15; d) Any other grounds for termination expressly indicated in other Clauses of these Terms and Conditions. <\/p>\n

                            14.2. In the event of termination for reasons attributable to the Seller, the Buyer: a) Shall pay the Seller the amount corresponding to the value of the equipment and materials already delivered in accordance with the prices established in the order; b) Shall have the right, but not the obligation, to purchase the equipment and materials pending delivery, paying their amount once delivered, and to be subrogated to the orders issued by the Seller to its suppliers and\/or subcontractors; c) Shall be entitled to compensation for the damages and losses suffered as a consequence of the Seller\u2019s breach, within the limits established in Clause 11 of these Terms and Conditions. <\/p>\n

                            14.3. In the event of termination for reasons attributable to the Buyer, the Seller shall be entitled to receive: a) The amount corresponding to the value of the equipment and materials already delivered in accordance with the prices established in the order; b) The amount of the equipment and materials pending delivery that the Seller is obliged to receive from its subcontractors and\/or suppliers, once delivered to the Buyer; c) The cancellation amount of the orders issued by the Seller to its suppliers and\/or subcontractors, where such cancellation is possible; d) Compensation for other damages and losses suffered as a consequence of the Buyer\u2019s breach. <\/p>\n

                            14.4. In the event of termination due to Force Majeure, the Seller shall be entitled to receive: a) The amount corresponding to the value of the equipment and materials already delivered in accordance with the prices established in the order; b) The amount of the equipment and materials pending delivery that the Seller is obliged to receive from its subcontractors and\/or suppliers, once delivered to the Buyer; c) The cancellation amount of the orders issued by the Seller to its suppliers and\/or subcontractors, where such cancellation is possible. <\/p>\n

                              \n
                            1. Supervening circumstances and Force Majeure <\/strong><\/li>\n<\/ol>\n

                              15.1 If the Seller is prevented, in whole or in part, from fulfilling its contractual obligations due to supervening causes and\/or circumstances, as well as Force Majeure causes, performance of the affected obligation(s) shall be suspended, with no liability whatsoever for the Seller, for the time reasonably necessary according to the circumstances.<\/p>\n

                              15.2. \u201cSupervening causes and\/or circumstances\u201d shall mean any exceptional situations beyond the Seller\u2019s control that could not have been foreseen at the time the contract was entered into and that prevent the normal conduct of the Seller\u2019s activity, such as the outbreak of a health crisis (e.g., COVID-19) affecting the mobility of people and the transport of goods.<\/p>\n

                              15.3. “Force Majeure” shall mean any cause or circumstance beyond the reasonable control of the Seller, including but not limited to, strikes by suppliers, transport, and services, failures in third-party supplies, failures in transport systems, natural disasters, floods, storms, civil unrest, strikes, health crises, labor disputes, work stoppages by the Seller’s personnel or its subcontractors, sabotage, acts, omissions or interventions by any government or agency thereof, accidental shutdowns in the Seller’s workshops due to breakdowns, etc., and other force majeure events contemplated in current legislation directly or indirectly affecting the Seller’s activities.<\/p>\n

                              15.4. Should an unforeseen or Force Majeure event or circumstance occur, the Seller shall notify the Buyer as soon as possible, stating the cause and its foreseeable duration. The Seller shall also communicate the cessation of the cause, specifying the time within which the suspended obligation(s) will be fulfilled. The occurrence of any of the events established in this Condition 15 shall entitle the Seller to a reasonable extension of the delivery period. <\/p>\n

                              15.5. If the unforeseen and unforeseeable cause or Force Majeure event lasts for more than three (3) months, the Parties shall consult each other to try and find a fair and appropriate solution to the circumstances, taking into account the Seller’s difficulties. If such a solution cannot be found within the following 30 days, the Seller may terminate the order, without liability on its part, by written notice to the Buyer. <\/p>\n

                                \n
                              1. Confidentiality. Personal Data Protection. <\/strong><\/li>\n<\/ol>\n

                                16.1. The Parties shall treat confidentially all documents, data, materials, and information provided by one to the other and shall not disclose them to any third party, nor use them for any purpose other than the fulfillment and development of the Supply, unless the prior written consent of the other Party is obtained.<\/p>\n

                                16.2. The personal data that the Buyer must provide are essential for sending orders, issuing invoices, and fulfilling the warranty. Both when registering on the website and when placing an order, the Buyer undertakes to provide valid personal data. <\/p>\n

                                16.3. The personal data provided by the customer is processed in accordance with BOMEDIA, S.L.’s Privacy Policy published here: https:\/\/fluxlasers.eu\/politica-privacidad\/,<\/a> developed in compliance with current regulations on this matter. By providing their email address, the customer authorizes BOMEDIA, S.L. to use their address to process their purchase orders, facilitate browsing and purchasing products, and to inform the customer, via said address, of news related to BOMEDIA, S.L., its products, or the website www.bomedia.net. Personal and\/or financial data voluntarily transmitted by the user to BOMEDIA, S.L. as a result of a commercial transaction will under no circumstances be disclosed or sold to third parties, but only collected and safeguarded in compliance with applicable European and Spanish regulations. <\/p>\n

                                The Buyer may at any time exercise their rights of access, rectification, cancellation, and opposition regarding their personal data by sending an email to pedidos@bomedia.net.<\/p>\n

                                  \n
                                1. Applicable Law. Place of Performance. Submission to Jurisdiction and Competence. <\/strong><\/li>\n<\/ol>\n

                                  17.1. These Conditions shall be interpreted in accordance with Spanish laws.<\/p>\n

                                  17.2. The place of performance of the contract, for all legal purposes, is Barcelona city.<\/p>\n

                                  17.3. The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts of Barcelona.<\/p>\n

                                  Barcelona, January 20, 2021<\/p>\n","protected":false},"excerpt":{"rendered":"

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