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General Selling Conditions


1. LEGAL PROVISIONS 

ll sales made by Pujadas – a company of the Vollrath group (hereinafter, “the seller”) are subject to these terms and conditions and are expressly contingent upon their acceptance. No additional or differing terms or conditions shall be binding on the seller unless specifically agreed upon in writing. The seller hereby does not accept any additional or differing terms and informs the buyer that it is unwilling to proceed under terms other than those set out herein. Each sales contract, including these terms and conditions, forms the entire agreement between the seller and the buyer and will be governed by and interpreted in accordance with the laws of Spain, without regard to Conflict of Law Principles. The rights and obligations of both parties under these terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods (1980). Both parties hereby expressly submit to the jurisdiction of the courts of Barcelona (Spain) for any legal proceedings arising from or related to these general terms of sale. No term affecting the agreement between the parties exists outside of those set forth in these terms and conditions. 

2. OFFERS AND ORDERS 

Offers and quotations made by the seller are contingent upon the seller’s acceptance of the order and are therefore non-binding until such acceptance is confirmed. The seller reserves the right to accept or decline any order. All orders placed with the seller must be submitted in writing, clearly identified, and must include the product, quantity, and, where applicable, the delivery address. Order acceptance by the seller will be provided in writing (e.g., via an order confirmation) within the validity period of the offer. The seller reserves the discretionary right to cancel accepted orders or request additional guarantees for orders that have not yet been accepted, should any circumstances arise that, in the seller’s judgement, raise concerns about the buyer’s f inancial solvency or assets. 

3. TAXES AND OTHER CHARGES 

Value-added tax, duties, customisation fees, inspection or testing charges or any other tax, fee, interest or charge of any kind imposed by a government authority in relation to the transaction between the buyer and the seller shall be paid by the buyer, in addition to the quoted or invoiced prices. If the seller is required to pay such taxes or other charges, the buyer must reimburse the seller. 

4. DELIVERY AND FREIGHT

As a general rule, all products will be delivered FCA at the seller’s loading dock in Santa Coloma de Farners, Girona, Spain (Incoterms 2020), except for: 

Orders with a final destination in the Iberian Peninsula and the Balearic Islands valued at over €500 (€1,600 for the Canary Islands), to a single destination, which will be shipped prepaid by the seller. 

Orders valued at less than €500 (excluding tax) will incur a freight charge of €20 (€60 for the Canary Islands). 

For final destinations outside Spain, all products will be delivered FCA at the seller’s loading dock in Santa Coloma de Farners, Girona, Spain (Incoterms 2020). 

Once the products are handed over to the carrier, delivery will be considered completed, and regardless of the shipping terms or freight payment, the buyer will assume all risks of loss or damage during transport. The seller reserves the right to deliver in multiple shipments, unless expressly agreed otherwise; each shipment will be invoiced separately and must be paid on the date indicated on the respective invoice, regardless of subsequent deliveries. The seller retains ownership of all materials shipped until full payment is received. 

a. Quantity 

Products will be shipped with complete packaging units containing the quantity indicated in our current rates. 

b. Custom-made or bespoke products 

Orders for custom-made products will be fulfilled with partial deliveries/shipments, with the difference not exceeding 10% more or less than the original quantity ordered. 

c. For urgent orders within Spain, including the Balearic and Canary Islands, a €15 charge per order will apply.

 Shipping will be via “Express Delivery”, with a commitment to deliver within 24/48 hours, except for the Canary Islands and Balearic Islands. In such cases, shipping costs will be borne by the customer. 

d. Direct deliveries to the final destination 

For orders where the seller is requested to deliver to a final destination other than the buyer’s usual delivery location, a €15 charge per order will apply. 

5. CLAIMS, DELAYS AND FORCE MAJEURE

No claims regarding the condition of the goods or shipping errors will be accepted under any circumstances after 15 working days from the date of receipt. Claims for missing materials or other delivery errors must be submitted in writing to the seller within 15 working days of receiving the shipment. Failure to notify within this period will constitute full acceptance of the shipment and a waiver of any further claims by the buyer. 

Claims for loss or damage to the products during transport must be reported by the buyer to the carrier by noting it on the POD and/or delivery note at the time of delivery. No claims for loss or damage during transport will be accepted unless they are properly noted on the delivery note. 

All delivery dates are approximate. Delays in the delivery of any shipment do not exempt the buyer from the obligation to accept it. Furthermore, the seller will not be held liable for any loss or damage resulting from delays or failure to deliver due to causes beyond the seller’s reasonable control, including, but not limited to, force majeure, actions by the buyer, embargoes or other governmental acts, regulations or requests, fire, accidents, strikes, lockouts, war, terrorism, riots, transport delays or the inability to obtain necessary labour, materials or production facilities. In the event of such a delay, the delivery date will be extended by a period equal to the time lost due to the delay. 

6. MODIFICATIONS

The seller may, at any time, make changes to the design and construction of the products, components or parts as deemed appropriate, without prior notice to the buyer. The seller may offer suitable substitutes for unavailable materials due to governmentmandated priorities or material shortages from suppliers. 

7. WARRANTY

The seller warrants that the products supplied hereunder will conform to any attached specifications and be free from defects in materials and workmanship. If, within 12 months of delivery, it is proven to the seller’s satisfaction that the relevant product is defective, the affected part will be repaired or replaced free of charge, under FCA at the seller’s loading dock in Santa Coloma de Farners, Girona, Spain (Incoterms 2020), or the seller will refund the purchase price of the affected part. Repair, replacement or refund (as determined at the seller’s discretion) will constitute the seller’s sole obligation and the buyer’s sole remedy for any deficiencies in the products supplied hereunder and is contingent upon the buyer returning the defective products to the seller under DDP at the seller’s loading dock (Incoterms 2020). Any part repaired or replaced under this warranty will only be covered for the remainder of the original warranty period. The seller does not warrant products that have been damaged due to accident, negligence, improper installation, inadequate set-up or supervision (where applicable) or that have been installed or operated in a manner contrary to the installation and operating instructions. The seller does not warrant any repairs carried out by unauthorised personnel or service agencies. 

The above warranties are exclusive and replace all other statements and warranties, whether express or implied. The seller expressly excludes and disclaims any implied warranties of merchantability or fitness for a particular purpose, as well as any warranty arising from custom or trade practice. 

8. CANCELLATIONS AND RETURNS.

Orders may not be cancelled or modified by the buyer except under terms and conditions agreed to by the seller, as confirmed by the seller’s written consent. A return authorisation is required for all returns. Returns of products without prior authorisation from the seller’s office in Santa Coloma de Farners will not be accepted. PUJADAS reserves the right to authorise or refuse returns at its discretion. 

a. Requests for returns of merchandise (excluding defective items) must be made within 90 DAYS of the Pujadas invoice date. The purchase order number or Pujadas invoice number must be provided when requesting return authorisation. No return authorisation will be issued without the corresponding Pujadas purchase order number or invoice number. 

b. A restocking fee will apply. Generally, returns will incur a 20% charge for depreciation and handling, with a minimum charge of €10. 

c. All returns or shipments of materials to Pujadas’ facilities must be made with freight costs and responsibility borne by the buyer. 

d. The return authorisation number must be clearly displayed on all packages containing returned products. 

e. Only current merchandise in its original, unused and saleable condition will be accepted for return. Returned merchandise that has been used, is obsolete or worn out will be disposed of, and no credit will be issued. 

1. Returns of shelving will only be accepted if they are in their complete and original packaging, palletised if they consist of more than one item and properly protected. 

2. Returns of trolleys must be made on pallets and with complete protective packaging. 

f. The following products cannot be returned: (1) custom-made products, (2) Traex washing baskets, (3) personalised items. Additionally, materials that Pujadas has specifically adapted to fulfil the order requirements will not be accepted for return. 

9. USE OF TRADEMARKS AND TRADE NAMES

The seller or The Vollrath Company LLC, as applicable, hold all rights to their trademarks, trade names and/or any intellectual and industrial property rights to which they are entitled. The sale of products and/ or association with these Terms does not imply the assignment or transfer of any rights unless expressly stated. The buyer shall not, directly or indirectly, in whole or in part, use the name Pujadas or any other trademark or trade name owned by Vollrath Pujadas, S.A.U. or The Vollrath Company LLC (collectively, the Trademarks) as part of the buyer’s corporate or business name, or in any way related to the buyer’s business, except with prior written authorisation from Vollrath Pujadas, S.A.U. The buyer is permitted to use the Trademarks solely in connection with the promotion or sale of the Products in accordance with the terms of the Agreement. The buyer must reproduce the Trademarks exactly as specified by Vollrath Pujadas, S.A.U. The buyer may not use the Trademarks in combination with other trademarks or names. The buyer agrees not to register or attempt to register any Trademark, or any imitation thereof (including any language variation), nor to use the Trademarks for any product or purpose other than those established in the Agreement. The buyer shall not, at any time during or after the termination of the Agreement, use any trademark that is similar to or in any way resembles the Trademarks in a manner that could cause confusion or deception. The buyer agrees to reasonably cooperate with any efforts by Vollrath Pujadas, S.A.U. to protect, defend or enforce its rights to the Trademarks. 

10. DAMAGES AND OTHER LIABILITY; INDEMNIFICATION

The seller’s liability concerning the products or services sold under these terms will be limited to the warranty and indemnification provided in Section 7 of these terms and conditions of sale, and for any other breach of contract with the buyer, it will be limited to the contract price. The seller shall not be subject to any additional obligations or liabilities, whether arising from breach of contract, warranty, tort (including negligence and liability for third-party actions) or other legal doctrines, regarding the products or services offered by the seller, or any actions or omissions related thereto. Without limiting the foregoing, the seller specifically disclaims liability for property damage, fines, liquidated or punitive damages, loss of profits, downtime, loss of goodwill, capital costs, costs of replacement products or services or any other form of economic loss, as well as claims from the buyer’s customers or any third party for such damages, costs or losses. The seller shall not be liable and does not accept responsibility for losses or incidental, indirect or accidental damages of any kind. The buyer agrees to indemnify and hold the seller harmless from any loss, liability, damage or expense (including, without limitation, reasonable attorney’s fees and other defence costs) that the seller may incur as a result of any claim by the buyer, the buyer’s customers or any third party arising from or related to the products or services sold under these terms or associated with them, unless it is ultimately determined that such losses, liabilities, damages or expenses are solely attributable to the seller’s wilful misconduct. 

11. PRICES

The sale prices are those specified in our most recent price lists, applicable to merchandise from our warehouse in Santa Coloma de Farners, with non-returnable cardboard packaging. 

12. PHOTOGRAPHS, INFORMATION AND DIMENSIONS

The photographs, information and dimensions in the seller’s catalogue are subject to change without prior notice due to technical or production requirements. 

13. PERSONAL DATA PROTECTION

In accordance with current personal data protection regulations, VOLLRATH PUJADAS, S.A.U. informs the buyer that any personal data collected during the commercial relationship will be processed and included in the seller’s files to provide the requested services and keep the buyer informed about new products and services. The data will be retained for the duration of the commercial relationship and, once it ends, only the data required by tax legislation will be kept. At any time, you may exercise your rights to access, rectify, erase or restrict the processing of your data, request data portability or object to its processing by sending a written request to info@pujadas.es, along with a copy of your ID/NIF. You may also contact the relevant Supervisory Authority to file any complaint you consider appropriate. 

All rights to make changes without prior notice are reserved, particularly concerning colours or prices of the items in this catalogue.

Photographs are non-contractual