BYG GENERAL TERMS AND CONDITIONS OF SALE
1º. Goods will be invoiced according to BYG price list in effect at time of order at time of shipment unless otherwise covered by written agreement, special quotation or BYG Sales Promotion.
2ª BYG prices are subject to change without notice due to unforeseen increases in costs such as raw materials, labor, transport, taxes, etc.
3ª No condition permits the buyer to delay payment to stated terms and conditions in the invoice. Any delay in payment on the unpaid past due balance of the total invoice(s) amount will lead, without further notice, to the automatic charge of the legal interest rate per month until past due invoices are paid in full.
4ª In the event of an agreement of payment by installments, the non-payment of amount due will lead to early and automatic maturity of the remaining account balance. BYG has the right to the option for the immediate payment of the balance or the return of the Goods.
Return of Goods must be authorized in writing by BYG In the event of the return of the Goods, they must be returned in satisfactory, unused, and undamaged condition, the customer is liable for the cost of freight, any handling costs and costs of damage incurred.
5ª The non-payment to the term of payment of invoice(s) in any amount owed to BYG will result in the automatic suspension of any and all shipments until past due invoices have been paid and the Buyer’s open credit account is paid current. Non-payment may result in the loss of open credit account privilege.
6ª As long as the payment for Goods delivered to the buyer has not been made complete, the Goods remain the property of BYG In case of inability to pay or bankruptcy of the purchaser or their customer, the last party named in possession of the Goods is obligated to report the title of ownership as BYG It is required that in any case or action resulting in inability to pay or a bankruptcy filing, the Customer is required to immediately communicate the situation in writing to BYG.
7ª The delivery of the Goods will always take place in the BYG warehouse. Risk of damage, destruction or loss, and title to the Goods passes to Buyer upon delivery to the designated freight carrier, and upon such delivery no damage destruction or loss of the Goods shall release the Buyer from its obligations and liabilities to BYG General Terms and Conditions of Sale. In the case that the Buyer designates another place of delivery, or the Goods are sent by an Buyer appointed Agent, the shipment will be at the cost and risk of the Buyer.
8ª Unless otherwise agreed in writing, the time of delivery will start from the date of acceptance of the order by BYG , reserving the option to extend it by Force Majeure, denial of import licenses, delays of representation, war, revolt, strike or any other circumstance that prevents a normal supply of the Goods. BYG , not admitting any responsibility for possible delays in supply, except prior agreement in writing provided by BYG Unless otherwise agreed with the Buyer, BYG reserves the right to make partial shipment of goods.
9ª Upon delivery of the Goods to the Buyers designated destination, Buyer shall promptly inspect goods for conformance to the purchase order. No claims will be accepted after 48 hours of receipt of the Goods. No return of Goods will be permitted without prior agreement in writing by BYG with the requirement that any returned goods be in new and unused condition.
Any return of used Goods, even if used in product performance testing must have prior written authorization from BYG including the RMA number (Return Merchandise Authorization).
10ª BYG reserves the right to modify, in whole or in part, the General Terms and Conditions of Sale upon written notice.
11ª BYG presumes the acceptance of the General Terms and Conditions of Sale by the Buyer of the Goods in the absence of a signed delivery note.
12ª For the interpretation and enforcement of contracts, supply, offers, acceptance, billing, etc. the Buyer consents and submits to the corresponding jurisdiction of courts and tribunals in the Province of Barcelona, Spain, and waives any and all objections to jurisdiction that Buyer may have under the laws of the Province of Barcelona or Spain, including any claim or objection that any such court is an inconvenient forum.
BYG PRODUCT WARRANTY
BYG guarantees all BYG spare parts for 30 days against breakage. If any of these parts break under normal working conditions BYG will provide a new part free of charge.
This guarantee will not apply to items that have been subjected to abuse, neglect, accident, re-use, improperly welding or incorrectly installed in accordance with BYG specifications and assembly instructions.
All wear parts are subject to wear and are consumables products. BYG assumes no responsibility for any direct or indirect damage to machinery, equipment, attachments or personnel, where BYG parts and components are used.
BYG does not accept any charge for labor or transportation in replacement of guaranteed parts and components.
No agent, seller, distributor, or any other party involved has oral or written authority to modify or change the terms of this guarantee.
RETURN POLICY CONDITIONS
BYG will authorize the return of material under the following causes:
– Delivery mistake: (It is required that the product contains all parts ordered in error in the original packaging).
– If parts or components are defective or damaged.
Product returned for credit must be returned within 15 calendar days from the date of the invoice. BYG reserves the right not to issue credit the product if the product is returned used or damaged.
Returns will be accepted due for reasons cited above and under the following conditions:
1. The reasons for the return as well as the date on which it is carried out must be communicated in writing in advance to BYG sales personnel.
2. All returns must be accompanied by a Return Material Authorization (RMA) number that appears on the outer packaging of the product. The RMA number must appear on the shipping label and in no case written directly on the original packaging of the product. BYG Sales Personnel will provide this RMA number to the customer.
3. BYG Sales Personnel will inform the Customer immediately if the return shipment freight charges will be return freight paid by BYG or be return freight collect
PROTECTION OF DATA
In accordance with the provisions of Law 15/1999 on Protection of Personal Data, we inform you that your personal data will be included in an automated file under the responsibility of BYG SA, in order to meet the commitments arising from the relationship we have with you.
You can exercise your rights of access, cancellation, rectification and opposition by means of a writing to the address CALLE PLA No 45 MOLINS DE REI 08750-BARCELONA SPAIN or to the mail [email protected]. If within 30 days you do not communicate us the opposite, we will understand that the data have not been modified, that you promise to notify us any variation and that we have the consent to use them in order to be able to facilitate the relation between the parts.
Following the values of the company with respect to the protection of the environment, the invoice will be issued in digital format to be sent by mail unless expressly waived in which case it will be sent on paper.
You can check your customer account information in https://b2b.byg.com