1. General conditions:
Our sales are governed by the General Conditions of Sale, delivery, and payment outlined below.
These general conditions govern the entire contractual relations established with the Customer and, though not expressly mentioned, they shall apply whenever it is not expressly provided in a different sense than the regime established in them.
The Customer is considered bound after signing the note of contract award.
Deleme Comercial only considers itself bound to the Customer upon receipt of the final note of contract award signed by the Customer.
Our representatives, delegates, or other employees do not have power to obligate our company.
Any cancellation or modification of the order after 72 hours from the date of the written confirmation of acceptance of the contract award will not produce any effect, remaining fully to the obligations assumed, unless otherwise agreed in writing.
If the Customer gives up on the order in the terms of the previous paragraph or if the material is not assembled within the deadline foreseen, unless expressly agreed upon on our part, the contract is considered resolved with the Customer continuing to pay the agreed price, even if by compensation bill.
The delivery and assembly deadlines mentioned are indicative and may be modified by duly justified reasons and information made known to you.
The delivery and assembly deadlines are counted from the contract award confirmation date after the payment of the respective signals by the Customer.
The Customer will not be able to refuse the window and door frames because of the failure to comply with the deadlines foreseen and Deleme Comercial cannot be held liable for the delay as long as it is duly justified.
If for reasons attributable to the Customer the assembly of the window and door frames does not start immediately after delivery, all of the material will be kept by the Customer who will be responsible for keeping it protected.
If the window and door frames supplied by us are not in accordance with the order, either because of defect in the material, mistake of any kind, or any other failure, the complaint must be made by registered letter with acknowledgment of receipt up to eight days after the completion of the door and window frame assembly.
It is understood that any complaint made after this date cannot be resolved.
War, strikes, epidemics, interruption of transportation, shortage of raw materials, breakdown of machinery and tools, impediments arising from the disposal of the authority in terms of import material, exchange rates or domestic economic regulation in our country or in the country of our suppliers, accidents or any other causes which lead to the interruption, though they are acts of God or of force majeure, are from this point on justifiably accepted by the Customer who authorizes us to suspend the execution of the current contract and/or carry it out later, but without any right to claim compensation for any loss or damages.
Every case of force majeure suspends, for a period equal to its duration, the execution of the contract, considering all of the long deadlines, at least for the same period.
The Customer cannot under any circumstances, take advantage of a delay in delivery, as long as it is duly justified, to rescind an order or refuse to receive the door and window frames.
Whatever the date of the order may be, our prices always refer to the date of the contract award confirmation of the order.
All of the supplies or services not expressly referred to in the Contract Award Note will need and additional estimate.
The abnormal and unpredictable increase in the costs of the raw materials or labour force relating to the products ordered, as well as any increase in charges, accessories or annexes to the sale occurred between the date of the Contract Award Note and the delivery date will be reflected proportionally on the contracted prices.
4. Payment Terms and Transfer of Ownership:
Deleme Comercial will not accept payments by promissory notes or bill of exchange unless there is a written agreement otherwise. If these means of payment are authorized, they should be delivered to us within 4 days from the date of dispatch after they have been duly accepted.
The lack of payment of any invoice by the due date will imply in the possibility of Deleme Comercial charging interest at the legal rate applicable plus 2%.
Any applicable discount will be calculated based on the value of the supplies before taxes.
All window and door frame sales are made with reservation of ownership of Deleme Comercial until the full payment of the price. In the case of a check drawing or another credit title, the payment is considered made only after the confirmation of good collection.
After the full payment of the price, and without prejudice to the warranties given, all of the risks inherent to the window and door frames become of the Customer's account with all costs of conservation, maintenance, and use being their responsibility.
The Customer is obliged to oppose by all legal forms and immediately warn Deleme Comercial, whenever he/she has knowledge of any eventual expectations of third parties on the door and window frames provided, whether it be by pledge, seizure, or any other means of judicial or extrajudicial seizure as long as the reservation of ownership of the door and window frame lasts in favour of Deleme Comercial.
If the Customer is not the owner of the locations where the door and window frames will be installed, he/she is obliged to inform the right holder and make sure that he/she accepts that the door and window frames are supplied and installed and are owned by Comercial Deleme until its full payment by strength of reservation of ownership.
5. Contract Termination:
The breach of any obligations assumed by the Customer, including the payment of the price in the agreed conditions will allow Deleme Comercial to terminate the contract.
The resolution will take immediate effects and should be communicated to the Customer by registered letter with acknowledgment of receipt.
The recovery by Deleme Comercial of the goods object of the resolved contract imposes to the Customer the obligation of compensating for damages caused by depreciation of the materials and by the fact that they are not available for the supplier. Consequently, the Customer is obliged, by penalty clause, to pay a compensation fixed at 30% of the agreed price for each month of delay in returning the window and door frames provided.
If the termination of the contract makes Deleme Comercial debtor to the Customer due to the amounts received in advance, the Customer will have the right to proceed with the compensation of these amounts with the credit resulting from the application of the penalty clause stipulated above.
All complaints should be directed to Deleme Comercial up to 8 days after the completion of the door and window frame assembly by registered letter with acknowledgment of receipt.
Deleme Comercial ensures the replacement of all the parts that appear to be deteriorated in the terms of coverage and exclusions defined in the warranties provided, which will be informed by their own suppliers, with the exclusion of any other compensation.
- Environmental concerns and energy efficiency