GENERAL: This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof (“Purchaser”) will purchase and BRISA DE ESPAÑA will sell goods and/or services (hereinafter called “Products”), including those described on the front page of this SALES CONTRACT. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to BRISA DE ESPAÑA, or the inconsistency of any terms therein and herein.
LEGAL NOTICE: All notices from BRISA DE ESPAÑA to Purchaser may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from Purchaser to BRISA DE ESPAÑA shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 8726 NW 26 STREET DORAL, FL 33172.
Delivery shall be deemed to have been made by Purchaser to BRISA DE ESPAÑA five (5) days after the date sent.
TRADEMARKS: All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by BRISA DE ESPAÑA. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of BRISA DE ESPAÑA or any third party, except as expressly granted herein.
CANCELLATION: Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, BRISA DE ESPAÑA and with full compensation to BRISA DE ESPAÑA for any loss sustained by reason of any cancellation or delay.
PRICE: Unless otherwise noted, all prices set forth of this SALES CONTRACT are F.O.B. at BRISA DE ESPAÑA facilities. Prices are subject to change without prior notice. All prices are exclusive of any and all taxes, including, but not limited to, excise, sales, use, property, transportation and/or occupational taxes and such other taxes related to the sale or use of the Products, now or hereafter imposed, together with all penalties and expenses. Purchaser shall be responsible for collecting and/or paying any and all such taxes, whether or not they are stated in any invoice for the products. Purchaser shall indemnify and hold BRISA DE ESPAÑA free and harmless from and against the imposition and payment of such taxes. BRISA DE ESPAÑA, at its option, may at any time separately bill Purchaser for any taxes not included in BRISA DE ESPAÑA’s invoice and Purchaser shall pay said taxes, or in lieu thereof, shall provide BRISA DE ESPAÑA with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses relating to the shipment of the products from the F.O.B. point, BRISA DE ESPAÑA’S site, to Purchaser’s facility; and (b) any special packaging for the products required by Purchaser. In the event BRISA DE ESPAÑA shall make arrangements for inland transportation, all costs and expenses relating to such inland transportation shall be for the account of Purchaser and shall be paid by Purchaser to BRISA DE ESPAÑA upon presentation of BRISA DE ESPAÑA invoice therefore. In the event Purchaser shall require any special packaging for shipment of the products, the cost for such special packaging shall be invoiced separately to and paid by Purchaser. In the event delivery of the products, or any part thereof, is delayed due to the fault of the purchaser, any and all additional costs and expenses incurred by BRISA DE ESPAÑA resulting from such delay in delivery, including those relating to storage, shall be chargeable to and paid by Purchaser.
DELIVERY: To a public carrier at the applicable BRISA DE ESPAÑA facilities, consigned as Purchaser directs, shall constitute transfer of the shipment’s title, ownership, possession, and property to Purchaser at point of such delivery. Carrier will thereafter be deemed as acting for Purchaser and the shipment will be at Purchaser’s risk. IMPORTANT NOTICE TO PURCHASER: Do not accept any package(s) or item(s) until you have thoroughly checked and inspected their contents. You have the right to inspect the item(s) while the shipping company waits for your approval. If you find the item(s) to be damaged or incomplete, clearly note it on the bill of lading, refuse the package(s) or item(s) and return to shipper, and contact us immediately. By accepting the package(s) or item(s), you accept full responsibility of their condition. Any Damages or missing parts occurred during shipping will then become your full responsibility. Damaged or incomplete items will not be covered under any warranty and are non-refundable
LIMITED PRODUCT WARRANTY: BRISA DE ESPAÑA may warrant new machines against defects in material and workmanship for a limited period from the date of purchase stated in the invoice. Refer to the warranty information posted in the product description page, or contact us for the applicable limited product warranty period of a particular item. If your product is covered the Company will repair or replace at no cost, F.O.B Miami, Florida, any part proving defective in materials or workmanship. Defectiveness shall be verified by BRISA DE ESPAÑA inspection and at the sole discretion of BRISA DE ESPAÑA. Removal and installation expense shall be the responsibility of the Purchaser. BRISA DE ESPAÑA is liable solely for the furnishing of the defective part or parts. BRISA DE ESPAÑA is not liable for consequential damages, such as loss of profit, delays or expenses incurred by failure of said part or parts. Failure due to abuse, improper adjustments or maintenance, exposure to corrosive or abrasive environments or operation in damp conditions does not constitute failure due to materials or workmanship. Modifications or alterations to the equipment without the express written consent of BRISA DE ESPAÑA are strictly prohibited. Failure to obtain consent in writing voids any warranty, express or implied, and relieves BRISA DE ESPAÑA from any and all liability for said product. BRISA DE ESPAÑA is not liable or responsible for repair, service, or installation charges, fees or damages for correcting any defects. BRISA DE ESPAÑA will not accept parts returned for credit unless BRISA DE ESPAÑA is notified in writing and return or correction is authorized by BRISA DE ESPAÑA in writing pursuant to our return policy.
SHOULD COMPONENTS BE TAMPERED WITH BEFORE INSPECTION BY THE COMPANY, ALL WARRANTY CLAIMS ARE HEREBY WAIVED.
During your applicable limited product warranty period, if a covered product is proven to be defective in workmanship or materials, BRISA DE ESPAÑA will, at its option: (1) replace or repair the defective component; or (2) replace the product with a comparable product. Replacement parts will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of fourteen days or the remainder of the warranty period. Replacement products may be refurbished, and are warranted for the longer of fourteen days or the remainder of the applicable limited warranty period. Any additional purchases or upgrades will not extend this limited product warranty. Upon the expiration of the warranty period, BRISA DE ESPAÑA’s liability under this warranty shall terminate. The foregoing warranty shall constitute the sole liability of the BRISA DE ESPAÑA and the exclusive remedy of the customer or user. If we determine that the problem with the product is not covered by the limited product warranty, we will inform you of alternative solutions that may be available to you on a fee-for-service basis. In the event warranty service is provided by us, shipping cost of the item back to us will be Purchaser’s responsibility. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. BRISA DE ESPAÑA SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: Determination of the suitability of the products described on the face of the and/or invoice is the sole responsibility of the Purchaser and BRISA DE ESPAÑA shall have no responsibility in connection therewith.
LIMITATION OF LIABILITY: BRISA DE ESPAÑA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSTITUTE GOODS. CONSEQUENTIAL DAMAGES for purpose of this Agreement shall include, without limitation:
PRODUCTION ESTIMATES OR PRODUCT AVAILABILITY: are not guaranteed, but result from careful analysis of Purchaser’s submitted requirements and present reasonably expected output or inventories under normal conditions.
ESTIMATED SHIPPING SCHEDULES: Shipping dates are approximate; BRISA DE ESPAÑA is not responsible for delays or non-performance due to strikes, fires, embargoes, abnormal manufacturing conditions, or cause beyond BRISA DE ESPAÑA’s reasonable control. Specification changes requested by Purchaser may extend shipping schedules.
RETURNS: Some unused products may be returned after the invoice date. Refer to the return information posted in the product description page, or contact us for the applicable return period of a particular item. Before returning a product contact BRISA DE ESPAÑA to ascertain if your product meets the return requirements and if so, to request a Product Return Instruction Form. A fifteen percent (15%) restocking fee may be deducted from any refund or credit. Products without a Return Authorization Number (RAN) cannot be returned. Parts and Consumables cannot be returned. Products must be returned in as-new condition to BRISA DE ESPAÑA facilities in Miami, Florida. Return products must include all original packaging, along with any media, documentation, hardware, tools, parts, manuals and all other items that were included in the original shipment. Any parts sent under warranty must also be included. Products must be shipped pre-paid, and insured. COD deliveries will be refused. Buyer accepts the risk of loss or damage during shipment. Products must be returned thoroughly packaged, in the same new condition as they were originally received. Damaged packaging materials must be replaced with new materials, this includes wooden and/or cardboard boxes or crates. Products sent strapped on pallets must be returned the same way. Note that additional protection may be needed to protect the Product as the original packaging materials may have suffered normal wear during the shipment to Buyer’s location and may be insufficient to protect the Product during return shipping. Buyer is responsible and liable for all shipping, insurance, packaging and/or handling charges as well as import/export tariffs and brokerage or storage fees (if applicable). Buyer accepts all responsibility for Products damaged or lost during shipping. BRISA DE ESPAÑA reserves the right to refuse any product that upon arrival shows visible packaging damage. BRISA DE ESPAÑA will not be responsible for packages shipped to any address other than the one it specifies. Upon receipt of the returned product BRISA DE ESPAÑA will ascertain the completeness, condition and operational status of the Product. Product must be received in like new condition. If items are missing or repairs have to be made (due to prior usage, improper installation, improper handling, or improper packaging) BRISA DE ESPAÑA may, at its sole discretion, replace or perform such repairs it deems necessary to return the Product to a like new condition, including the cost of crating or repackaging the Product. The cost of such items and/or repairs will be deducted from any applicable refund value. Shipping, handling and/or insurance costs are non-refundable. Any applicable refund will be processed within 15 work days from the receipt of the returned product, in the same form of payment used in the original purchase. If the item being returned was shipped for free, the actual outbound shipping cost will be deducted from any applicable refund. BRISA DE ESPAÑA will refund the buyer a maximum of up to the value of the returned item as specified on their invoice minus any charges incurred as specified above.
TYPOGRAPHICAL ERRORS: BRISA DE ESPAÑA shall not be held responsible for typographical errors.
COMPLETENESS: The terms and conditions stated herein represent an agreement between BRISA DE ESPAÑA and Purchaser which, together with the terms, provisions and conditions on any acknowledgement provided to Purchaser by BRISA DE ESPAÑA, constitutes the entire agreement, understanding and representations, expressed or implied, between BRISA DE ESPAÑA and Purchaser and supersedes all prior communications between the parties, including all oral and written proposals.
SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision contained herein.
TERMS AND CONDITIONS OF WEBSITE USE: BRISA DE ESPAÑA does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than United States of America). No information shall be construed as advice and information. Content is intended for information purposes intended for educating visitor into making an informed purchased at the time of sale. BRISA DE ESPAÑA is not responsible for the contents of any off-site pages or any other sites linked to the Site. BRISA DE ESPAÑA Web site (the “Site”) is presented for private, noncommercial use only.
TRADEMARKS: The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of BRISA DE ESPAÑA. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of BRISA DE ESPAÑA .
EXTERNAL LINKS: Certain links on the BRISA DE ESPAÑA site will allow you to leave the BRISA DE ESPAÑA site. These linked sites are not produced by BRISA DE ESPAÑA and BRISA DE ESPAÑA is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by BRISA DE ESPAÑA as a service to its customers, and the links do not necessarily imply endorsement by BRISA DE ESPAÑA .
PUBLIC FORUMS AND USER SUBMISSIONS: BRISA DE ESPAÑA is not responsible for any material submitted. All communications received by BRISA DE ESPAÑA via electronic mail or otherwise, including letters, questions and comments, may be posted at the Site or otherwise published by BRISA DE ESPAÑA. Such communications may be edited for length and clarity.
WARRANTIES: BRISA DE ESPAÑA makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
USE OF GOOGLE TRANSLATE: The Google Translate service is free to BRISA DE ESPAÑA users and is intended only as a tool to assist in the translation of our website content. Any other uses, including, without limitation, the incorporation of, advertising into, or the placement of advertising associated with, or targeted towards, the Google Translated content, are strictly prohibited. You must use the Google Translate content as provided and you may not edit or modify the text, technology, content or links supplied.
RIGHT TO DISCONTINUE THE GOOGLE TRANSLATE SERVICE: BRISA DE ESPAÑA reserves the right to cease providing Google Translate functionality and/or content at any time without notice. BRISA DE ESPAÑA assumes no liability for, and expressly disclaims responsibility for, your use of the Google Translate functionality or content or for your reliance on the accuracy of its translations.
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