These “General Conditions of Sale” govern the transactions between Magos Irrigation Systems, S.A., hereinafter referred to as Magos Irrigation Systems, and the Customer whether they concern the sale of goods or the provision of services.
1.1. Orders must be placed:
At our store counter, by mail, email or fax; To our commercial agents; To our commercial services.
1.2. Orders may be placed in advance by telephone, without further confirmation by one of the above means.
1.3. The order must always refer to the following data: Name, address, taxpayer number and telephone contact of the Customer, as well as the person responsible for the purchase Order No., date, place and time desired for delivery of the goods; Magos code for the product, exact description of the products always showing accessory parts and desired quantities.
1.4. Any changes or additions to the order will necessarily have the same requirements as to the means as to the content as well as the identification of the initial order.
1.5. The order is considered effective after the confirmation of the requirements by our Commercial Services, being in doubt any technical or commercial conditions inherent to the order, and the advance payment has been made, when it has been agreed.
1.6. The minimum order amount to be satisfied on credit is € 100.00. All orders of lower value will be charged or paid over the counter.
2.1.1. It will be the responsibility of Magos Irrigation Systems whenever packaging of the goods is deemed necessary so that they are protected from normal handling in transit and identifiable as Magos Irrigation Systems merchandise to the Customer concerned.
2.1.2. Any other packaging to be given to the goods will have to be agreed with the Commercial Services, and Magos Irrigation Systems may be required by the Customer to incur special packaging conditions.
2.2.1. Whenever Magos Irrigation Systems finds it advantageous, it may make factional shipments of a particular order.
2.2.2. Delivery times provided by Magos Irrigation Systems are “subject to confirmation” and Magos Irrigation Systems cannot be held responsible for delivery delays attributable to third parties in the logistics flow.
2.2.3. The delivery time will be counted from the date of placing the order as in point 1.5.
2.2.4. Dispatch is deemed to have been completed from the time the Customer is notified that the goods are ready for transportation, or if contact is not possible, the date of the Delivery Note for the goods.
2.3. Shipping and Receiving
2.3.1. Transportation of goods is always at the Customer's risk and expense, even when Magos Irrigation Systems at its request provides it, whether or not included in the price of the goods.
2.3.2. At Customer's request, Magos Irrigation Systems may insure the shipment, the cost of which will be borne by the customer, in no way altering the provisions of paragraph 2.3.1. for liabilities not provided for in the insurance policy.
2.3.3. The goods will always be accompanied by a document regarding their shipment. Whenever the carrier refuses to present such document, Customer must contact Magos Irrigation Systems prior to receiving the goods.
2.3.4. Whenever the goods do not arrive under normal conditions of use, or there is a divergence from the Delivery Note, the Customer shall refer to this in the Shipping Note. If the carrier objects to such action, we advise you to contact our Commercial Services prior to receipt of the goods.
3.1. The prices shown in the price list are for information purposes and are always required to consult them when ordering.
3.2. Prices supplied by Magos Irrigation Systems are unitary, subject to VAT at the prevailing rate and refer to off-site deliveries of Magos Irrigation Systems (Ex-Works).
3.3. Invoicing will be made on the date of dispatch of the goods. In the case of split shipments, it is up to Magos Irrigation Systems to decide to invoice each shipment per se or all on the date of shipment of the last installment.
3.3.1.In situations where Magos Irrigation Systems assembles customer-purchased equipment, the entire missing price shall be paid immediately following the proof of operation of the assembled equipment.
3.4. If the invoice is not in the payment terms, the payment is due on the invoice date. Any credit settlement agreement will need to be negotiated with our Credit Control or Commercial Credit Management services.
3.5 Payments must be made net and in accordance with the conditions of the invoice at Magos Irrigation Systems headquarters, nothing changing this condition being charged elsewhere or drawing on other locations.
3.6. Payments must be made in Euros.
3.7. If the Customer does not pay the outstanding amount within the timeframe indicated on the invoice, the Customer will be required, as a penalty, to pay Magos Irrigation Systems compensation for the corresponding default time, which will incur the maximum permitted interest rate for the claims. Active credit operations of banking institutions, plus 2%. However, the default interest rate to which State debts are subject shall apply if it exceeds the penalty provided for above.
3.7.1. Customer will be responsible for any and all bank or other charges relating to the transaction, such as discount and security reform, check-back costs, among others. Payment of these charges should be done immediately upon receipt of the debit note.
3.8. Payments may not be delayed under any circumstances, even in the event of a dispute.
3.9. Magos Irrigation Systems reserves the right to own property in respect of goods sold until they are fully paid. This clause shall not be derogated from the fact that the buyer has physical possession of the goods, whether or not the goods have been invoiced, or have been carried over with delivery notes.
3.10. Payment will only be valid when made against document duly signed by a person obliging the company.
4.1.1. The warranty on materials and equipment is provided by the respective manufacturer.
4.1.2. The normal warranty against defects in workmanship, assembly (where it is part of our supplies) and defects in material materials supplied by Magos Irrigation Systems is for a maximum of 12 months from the date of delivery or the completion of the assembly if it is included in our supply, and it is up to the Customer to prove the alleged defects.
4.1.3. The 12-month period shall be deemed to be waived in cases where the manufacturer's warranty period is different or when agreed in writing in any way, and even if a warranty period for mounting is agreed, it shall always be understood. The warranty period for each material is specific to its manufacturer.
4.1.4. If the material is subject to 24-hour use, the warranty duration is reduced to 6 months.
4.1.5. All warranties, whatever their nature, cease automatically after 18 months from the date of dispatch of the goods.
4.1.6. The warranty is strictly limited to the extent of our supply and can only have the effect of repairing or replacing parts discontinued due to defects.
4.1.7. All material subject to free replacement or repair is deemed to be placed on Magos Irrigation Systems' premises at Customer's expense. Any disassembly and assembly work of the equipment will always be done by the Customer.
4.1.8. Replacements or repairs resulting from abnormal use of the appliance or machinery, deterioration or accident due to neglect, lack of vigilance or maintenance and defective use of the material are not covered by the warranty.
4.1.9. The warranty automatically terminates if Customer has made changes or repairs without the prior written permission of Magos Irrigation Systems.
4.1.10. Repair, modification or replacement of parts during the warranty period shall not, under any circumstances, extend this period.
4.1.11. "Magos Irrigation Systems 'liability for damage caused by third parties to the material provided is expressly excluded, and Magos' liability is also excluded if repairs, assembling and / or disassembly of any equipment supplied by third parties other than are duly authorized by Magos. "
4.1.12. The warranty will only cover supplies that are fully paid.
4.2. Complaints and Returns
4.2.1. Any claims can only be considered, when properly substantiated and presented in writing, within 8 days from the date of receipt of the goods.
4.2.2. In cases where a return is intended, this should only be done if it has been preceded by a claim and there has been agreement with Magos Irrigation Systems for such a measure to occur. In such cases, and unless otherwise agreed, the conditions of carriage shall comply with paragraph 2.3.1.
4.2.3. In the case of returns that do not meet the above mentioned requirements, Magos Irrigation Systems will have the legitimacy to refuse delivery of the goods, being the responsibility of the Customer all obligations arising from this situation.
5.1. Where it is not possible to resolve by mutual agreement any dispute raised, it shall be stated that the competent court shall be that of the district of Benavente.
5.2. Magos Irrigation Systems and Customer may only transfer their rights and obligations to third parties upon their prior express agreement in this regard.
5.3. Magos Irrigation Systems reserves the right at any time to cancel deliveries, in particular in cases where credit, value or time limits are exceeded. This credit limit is set solely by Magos Irrigation Systems, without its having to justify it.
5.4. It is understood that the Customer acknowledges and accepts these conditions.