GENERAL SALES TERMS

1. OBJECT

The purpose of these General Sales Terms is to regulate the commercialization of products and services offered by HIDRAMATIC, S.A.U. provided with Tax ID: ESA58426487 (hereinafter HIDRAMATIC) with its customers (the Customer).

These Terms are the translated version of the original ones written in Spanish, which are also available in this website. The Spanish version prevails over any other translated version.

These General Sales Terms define the basic conditions for the acquisition of products and services offered by HIDRAMATIC.

All orders accepted by HIDRAMATIC are subject to these General Sales Terms, which will prevail over any document of General Purchase Terms from the Customer.

Any modification in the terms of these General Sales Terms must be specifically accepted in writing by HIDRAMATIC.

2. ORDER ACCEPTANCE

All orders are subject to acceptance and confirmation by HIDRAMATIC.

An order will be officially deemed as long as HIDRAMATIC has sent its acceptance and confirmation. After that, the user acquires the status of Customer.

Any product or service offered afterwards must be subject to a new order.

3. PRICES

Prices are in EURO and are listed in the Offer document, Order Confirmation, Packing List and Invoice.

Prices correspond to the quantity indicated in the Offer. If the requested quantity is modified, HIDRAMATIC reserves the right to modify the price.

Prices are EXW Barcelona 08028, Spain (according to Incoterms 2020), i.e. they do not include transportation.

Prices do not include VAT (Value Added Tax), nor any other fee, tariff or tax.

Prices do not include certificates, nor the legalization of documents at Chamber of Commerce or any other official body.

Prices indicated in the offer shall be valid for 30 days from the date stated therein, unless otherwise specified. In any case, HIDRAMATIC reserves the right to change prices even within the period of validity of the offer, if manufacturers raise prices within the same period.

At the end of validity period, prices may vary without affecting the orders that have already been issued and accepted by HIDRAMATIC.

4. AVAILABILITY AND DELIVERY TIME

Availability and delivery time of products listed in this website https://www.hidramatic.com are indicative, and do not represent a firm commitment from HIDRAMATIC.

Availability and delivery time of products are indicated in the Offer document and Order Confirmation.

In case products have to be manufactured, definitive delivery time will be confirmed by factory.

HIDRAMATIC will not be liable when errors or delays in deliveries are due to causes beyond its control.

HIDRAMATIC will not accept penalties for delays in deliveries.

5. DELIVERY TERMS

Delivery terms are indicated in the Offer document, Order Confirmation, Packing List and Invoice.

HIDRAMATIC delivers in terms EXW or DAP, according to the Incoterms 2020.

5.1 EXW DELIVERIES

In case of EXW delivery, goods are delivered in our facilities, located at the following address:

08028 Barcelona, Spain

Deliveries are made during working days from 9:00 to 17:00, uninterrupted.

In case of EXW delivery, the Customer organizes the transport of the goods, assuming the cost, responsibility and management of the shipping. At the request of the Customer, HIDRAMATIC shall contact the carrier to organize collection of the goods. In such cases, HIDRAMATIC is exempt from any responsibility related to transport.

In case of EXW delivery, any applicable tariffs or import taxes are to be paid by the receiver of the goods.

5.2 DAP DELIVERIES

In case of DAP delivery, the goods are delivered to the address indicated in the Offer document.

Price for DAP delivery service is specifically indicated in the Offer document, in the FREIGHT box. If destination address or material quantity are modified, HIDRAMATIC reserves the right to modify the price for DAP delivery service.

In case of DAP delivery, HIDRAMATIC organizes the transport of the goods, assuming shipment management and responsibility.

In case of DAP delivery, any applicable tariffs or import taxes are to be paid by the receiver of the goods.

HIDRAMATIC will not be liable when errors or delays in deliveries are due to causes beyond its control.

6. PAYMENT TERMS

Valid payment terms are indicated in the Offer document, Order Confirmation and Invoice.

Any other agreed payment term must be specifically accepted in writing by HIDRAMATIC.

Payment can be made with credit card in the PAYMENT AREA provided in the website https://www.hidramatic.com (secured server), or by direct bank transfer, being all bank charges to be covered by the payer.

The bank transfer must be made to the IBAN account number indicated in the Offer document, Proforma invoice and official Invoice.

For both credit card and bank transfer, payment will be considered made as soon as full amount has been received.

It is important that payment is identified clearly with payer name, amount and concept.

In order to generate the corresponding invoice, the Customer must inform its fiscal data.

7. WARRANTY

HIDRAMATIC offers the specific warranty of each manufacturer. For further details of warranty period and particular warranty terms of each manufacturer, the Customer shall make a request to [email protected].

Warranty does not cover damages caused by negligence or wrong use of the supplied products.

Warranty does not cover wear and tear due to normal use of the supplied products.

Warranty does not cover products, which have been modified or altered by the Customer or a third party.

To make use of the warranty, it is compulsory to keep the official invoice or delivery note from HIDRAMATIC.

7.1 CLAIMS FOR DEFECTIVE PRODUCTS

Only claims within the warranty period will be considered.

The Customer will send the product affected by the claim to HIDRAMATIC, with prepaid freight.

As soon as it is received, HIDRAMATIC will inspect the returned product, and if necessary, will send it to the manufacturer to determine if the claim is accepted.

In case a defect of origin is confirmed, the Customer will be offered the following options:

(i) Product reparation, as long as it is feasible.

(ii) Product replacement with a new one.

(iii) Credit back of the product amount, by the same method used in the order.

HIDRAMATIC will not accept any economic penalty, neither repair or replacement costs, nor any other non-quality cost, in case of claim for defective products.

HIDRAMATIC will not be liable for material, immaterial or personal damages that could be originated from defective products.

In case the manufacturer confirms that the product is not defective from origin, the claim will be denied and all costs incurred by the inspection will be covered by the Customer.

8. ORDER AMENDMENTS AND CANCELLATIONS

If the order has already begun to be manufactured, or is in transit and already shipped from our warehouse, it will not be possible to make any amendment or cancellation, and HIDRAMATIC will deliver the order as initially requested.

9. RETURN POLICY

9.1 SPECIAL PRODUCTS, MANUFACTURED SPECIFICALLY UPON ORDER

No returns will be accepted.

9.2 STANDARD STOCK PRODUCTS

Returns of products that have been used or installed will not be accepted.

The Customer has a maximum of 30 days from the date in Packing List to make the return. After this period, no return will be accepted. All returns are subject to the following penalties:

• Return made within days 1-14 after date in Packing List: 15% of invoiced amount.

• Return made within days 15-30 after date in Packing List: 30% of invoiced amount.

The Customer will send the returned product to HIDRAMATIC, with prepaid freight.

As soon as the product is received, HIDRAMATIC will check if the product is in perfect state, i.e. in the same state it was delivered to the Customer. If so, the product amount less the penalty will be credited back by the same method used in the order.

10. CUSTOMER RESPONSABILITY

The Customer is enforced to make a lawful use of the products and services provided by HIDRAMATIC, without contravening the current legislation, nor injuring the rights and interests of third parties.

The Customer guarantees the truthfulness and accuracy of all data provided to HIDRAMATIC by any means (web forms, email, telephone, etc.), avoiding the causation of damages to HIDRAMATIC due to the incorrectness thereof.

11. JURISDICTION AND APPLICABLE LAW

These Terms are subject to the Spanish Law. In case of dispute regarding their interpretation or enforcement thereof, the parties hereby expressly submit to the jurisdiction of the Court in Barcelona.