Scope of Applicability

These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by WBW Source & Supply SL, not withstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from the buyer.  No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writingWe reserve the right to change these GTCS at any time. Seller means WBW Source & Supply SL. Purchaser means the person or organisation buying the goods.

Quotations, Purchase Orders & Order Confirmations

All quotations made by the seller are open for acceptance within thirty calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the goods offered. All confirmed orders issued by the buyer shall specify as a minimum the type and quantity of goods requested, applicable unit prices, delivery place and requested delivery dates. No confirmed order shall be binding by the seller unless confirmed by the seller in writing.

Prices and Terms of Payment

The prices for goods shall be those set forth in the seller´s quotation. All prices are exclusive of transport unless otherwise indicated. VAT will be charged as imposed by the spanish government's legislation. Unless expressly stated otherwise in the seller´s quotation, payment for goods shall be made within 21 days from issue of invoice if the buyer has active credit terms The seller may use their sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance or cash on delivery.If the buyer fails to pay any invoice within seven calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminate delivery of any purchase order or any remaining balance thereof by providing written notice of termination to the buyer within seven calendar days of the expiration of the grace period. Further, the seller may charge the buyer interest from the due date to the date of payment at the rate of 7 % per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which the seller has or may be entitled at law or in equity.Title to goods delivered shall remain vestedby the seller and shall not pass to the buyer until the goods have been paid for in full. If the buyer fails to pay any invoice within fourteen calendar days of the due date of payment, the seller may retake the goods covered by the invoice. The buyer must insure all goods delivered to their full replacement value until title to the goods has passed to the buyer.

Terms of Delivery

Once goods have been delivered to the buyer th seller WBW Source & Supply SL will not be liable for any damage or damage caused by the goods supplied.Damage/loss of goods of goods after delivery will not cause exemption for the obligation to settle invoice in full within the stated payment terms.Any damages, shortages, over supply and duplicated orders should be reported to the seller within 7 days of receipt.The buyer has the right to request an inspection of the goods if they considers that they do not comply with the conditions described, in order to request its return or replacement. Complaints must be sent in writing within the following 7 days
of delivery of the order and an opportunity must subsequently be provided for the Company to examine the goods at the Company’s place of businessThe buyer is responsible for correct disposal of used packaging.The Buyer agrees and assumes that all information (including the seller's prices, operations, processes, plans or intentions, know-how, business secrets and valuable information) shall be kept strictly as confidential and shall not be used in any way for the Buyer’s own purposes without the prior written consent of the selling company.

Acceptance Of Goods

The buyer must inspect goods upon receipt of delivery.

Warranty

The warranty of the goods is established by the producer or manufacturer of stated brand.

Limitation of Liability

Neither parties will be entitled to, and neither parties shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, reprocurement costs, loss of data, injury to reputation or loss of customers. The buyer´s recovery from the seller for any claim shall not exceed the purchase price for the goods giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.The seller shall not be liable for any claims based on our compliance with the buyers designs, specifications or instructions or repair, modification or alteration of any goods by parties other than the seller or use in combination with other goods.The seller and manufacturer are not liable if the buyer does not comply with specifications or application of said product, misuse or suitability for intended purpose, incompatibility of any goods supplied with other manufacturers.

Force Majeure

Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.

Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Spain and the parties hereby submit to the exclusive jurisdiction of the courts of Palma de Mallorca.