General Terms and Conditions of Sale
1. Purpose and scope
1.1. These general terms and conditions of sale (hereinafter "GTC") govern the contractual relationship between MANDUBIEN GROUP and its Customers (hereinafter the "Customer" or "Customers") in the context of sales of trucks, trailers and other used vehicles (hereinafter the "Product" or "Products") that MANDUBIEN GROUP makes with its Customers, via the trux4me.com website or via any other sales channel.
1.2. When placing an order, the Customer accepts without reservation these GTCs, which will have been presented to him/her by MANDUBIEN GROUP, either by means of a copy provided to him/her by MANDUBIEN GROUP with the pro forma invoice, or by means of the GTCs published on the trux4me.com website
1.3. These GTC exclude the application of any general terms and conditions of purchase of the customer.
1.4. Orders for Products shall be governed by the GTCs, which shall be supplemented, where applicable, by the special conditions that MANDUBIEN GROUP and the Customer may agree upon. These special conditions shall prevail over the GTC when MANDUBIEN GROUP has expressly accepted them in writing.
2. Formulation of orders
2.1. The Customer shall send MANDUBIEN GROUP the order form for the Product in writing (email), with the agreed price and the agreed place of delivery, if applicable. This order must include the Customer's billing information as well as the following supporting documents:
- in the case of a company located in the European Community: certificate of registration in the commercial register, intra-Community VAT number
- if the company is located outside the European Community: certificate of registration in the commercial register, tax identification number
- if an individual located in the European Community: identity document, proof of residence and tax identification number
- for individuals outside the European Community: passport, proof of address and tax identification number
2.2. To be valid, the order must be expressly accepted by MANDUBIEN GROUP. Once the order has been accepted by MANDUBIEN GROUP, the Customer shall receive by e-mail a pro forma invoice for the Product under the agreed price and delivery conditions. This pro forma invoice shall include MANDUBIEN GROUP's bank details so that the Customer can make the transfer of the amount of the invoice.
2.3 MANDUBIEN GROUP is not obliged to accept an order and therefore reserves the right to refuse it, without incurring any liability.
3. Delivery
3.1 MANDUBIEN GROUP will deliver the Product according to the applicable Incoterm rules agreed with the Customer on the invoice, namely
- EXW (Ex Works): the customer collects the Product from an agreed location
- FAS (Free Alongside Ship): MANDUBIEN GROUP delivers the Product to the agreed port of shipment
- CFR (Cost and Freight): MANDUBIEN GROUP delivers the Product to the agreed port of destination
3.2 If a delivery date has been agreed upon, MANDUBIEN GROUP shall make every effort to meet it, provided that circumstances permit.
3.3. The transfer of ownership of the Product will be agreed with the customer as part of the invoice.
3.4. The risk, responsibility for transport and insurance, as well as the point of delivery are governed by the Incoterm agreed upon in the invoice.
3.5. Upon delivery of the Product, the "Release of Liability" document is signed by both parties, specifying in detail what items and documents relating to the Product have been delivered, by whom and to whom, and the date/time of delivery.
4. Compliance and complaints
4.1. If the Customer does not make any complaint at the time of receipt of the Product - i.e. within 24 hours - concerning a possible difference with the Product ordered, MANDUBIEN GROUP shall no longer assume any responsibility.
4.2. If a complaint from the Customer is justified and received in time, MANDUBIEN GROUP shall only be obliged to replace those parts and pieces of the Product that require it and can be replaced within a reasonable time and at a reasonable cost, and shall not be held liable in any way for any damage that may occur to the Customer as a result, in particular loss of profit or operating losses, in accordance with the provisions of Clause 6 below.
5. Prices and terms of payment
5.1. The selling price of the Product shall be that shown on the pro forma invoice sent to the Customer. To this price must be added the corresponding taxes, if any.
5.2. The Client shall pay the amount of each pro forma invoice by bank transfer within 14 days from the date of the invoice issued by MANDUBIEN GROUP. Within this 14-day period, the Product described on the pro forma invoice is reserved for the Customer.
5.3. Upon receipt of the transfer from the Customer, MANDUBIEN GROUP shall issue the final invoice and give it to the Customer. From that moment on, the delivery of the Product can be carried out according to the conditions agreed in the invoice.
5.4. In the event of non-payment of the price on the expiry date of the 14-day period, MANDUBIEN GROUP shall cancel the pro forma invoice and put the Product back on sale. The Product is no longer reserved for the Client.
5.5. In the event of partial payment of the price of the pro forma invoice, MANDUBIEN GROUP shall draw up the final invoice and give it to the Customer. The Customer shall then have an additional period of 14 days to complete his payment and thus arrive at the total amount of the invoice. The Product cannot be delivered before the pro forma invoice has been paid in full. In the event of failure to pay in full within 14 days, in accordance with Law 3/2004 of 29 December, article 5, late payment interest at the legal rate will be added to the amount of the invoice, without any prior notice from MANDUBIEN GROUP, as well as the costs of storing the Product, which amount to €100 (one hundred euros) per month started from the date of the final invoice.
5.6. MANDUBIEN GROUP reserves full ownership of the Products sold until full and effective payment by the Client of the amounts invoiced.
6. Liability
6.1. The Customer is solely responsible for the choice of the Product, as well as for the use or function for which this Product is intended. Consequently, MANDUBIEN GROUP shall not be liable if the Product is not ultimately suitable for the applications intended by the Client, or does not achieve, in whole or in part, the objectives set at the time of purchase of the Product. Thus, the Customer shall have no right to return the Product and claim the price paid. Any technical advice provided by MANDUBIEN GROUP, verbally or in writing, particularly during the possible testing of the Product prior to purchase, is provided in good faith but without any guarantee. MANDUBIEN GROUP's advice does not relieve the Customer of its obligation to test the Product to determine its suitability for the use or function for which it is intended.
6.2. Any liability of MANDUBIEN GROUP for damage caused by possible defects in the Products is excluded, unless it is expressly obliged to do so by virtue of the applicable law. Likewise, MANDUBIEN GROUP shall not be held liable for any operating losses, damage or other consequences caused by the use of the Products, whether directly or indirectly.
7. Force Majeure
7.1. MANDUBIEN GROUP cannot be held responsible for the failure or delay in the fulfilment of its obligations towards the Client, in the event of fortuitous circumstances or force majeure affecting MANDUBIEN GROUP and/or its suppliers or transporters, including in the event of a strike or other contingencies in the world of work or the industry sector, etc.
8. Applicable law and competent jurisdiction
8.1. The contractual relations between MANDUBIEN GROUP and the Client described in these GTC shall be governed exclusively by Spanish law, to the exclusion of the 1980 Vienna Convention on the International Sale of Goods.
8.2. For the resolution of any disputes arising from the contractual relations subject to the GTC, MANDUBIEN GROUP and the Client shall submit exclusively to the courts of the city of Girona and waive recourse to any other jurisdiction.