These Terms and Conditions shall apply to sales of Goods by EMS TRAINING SPAIN, S.L. to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
If any of these General Conditions of Sale are invalid or impossible to comply, the validity and compliance of the rest of conditions shall not be affected nor modified for this reason.
Once the buyer has received the goods, any damages in them shall be buyer’s responsibility, unless fraud, blame or negligence is attributable to EMS TRAINING SPAIN, S.L.
The whole pack of products shall be shipped to the buyer at the moment of the payment.
The property in the goods only shall be transferred from seller to buyer at the moment that the payment of the goods is fully made.
Possible quality or quantity defects in the packed goods shall be communicated within 24 hours from the delivery date, under penalty of expiration date.
The communication above mentioned does not entail the suspension of the invoice payment.
The payments shall be made by bank transfer to the IBAN account of the seller: ES22 2100 2112 1902 0069 4611.
6.1 Title to the Goods shall remain vested in the Seller and shall not pass to the Buyer until the purchase price for the Goods has been paid in full and received by the Seller. Until title to the Goods passes and in case of any delay in the payments:
- The Seller shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
- The Seller and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which the Seller reasonably believes them to be kept;
- The Buyer shall store or mark the Goods in a manner reasonably satisfactory to the Seller indicating that title to the Goods remains vested in the Seller.
6.2 Irrespective of whether title to the Goods remains vested in the Seller, risk in the Goods shall pass to the Buyer upon delivery.
7.1 EMS TRAINING SPAIN, S.L. guarantees its device for a period of 12 months from the delivery date. The guarantee is only requested if the product is used in normal conditions, therefore it is not requested if the defect occurred in consequence of the Purchaser’s failure to comply with the maintenance, care or instructions provided by EMS TRAINING SPAIN, S.L.
7.2 Wires and suits guarantees are for a period of 3 months from the delivery date.
Return of the products is not accepted. In case the products have operating problems guarantee shall be applied and materials shall be replaced
8.1 These General Conditions of Sale are regulated by the Spanish law,
8.2 Any dispute concerning these Terms and Conditions of Sale, including as to the legality, interpretation or application shall be regulated by the Courts of the City of Madrid.