GENERAL SALES AND DELIVERY CONDITIONS

1: APPLICABILITY OF THE CONDITIONS

a. These general conditions shall apply to all offers made by Ibercibus, all agreements made by Ibercibus and to all engagements with Ibercibus
b. The applicability of general conditions of other party is explicitly disregarded. Deviations to Ibercibus general conditions shall only be agreed in writing and shall be valid only following Ibercibus written confirmation. Such a deviation shall be valid once only.

2: QUOTATIONS AND SALES CONFIRMATIONS

a. All our sale quotations are non-binding. If our offer is accepted by the customer, the offer shall only be valid following our sale confirmation proforma invoice of acceptance.
b. Ibercibus will start carrying out the contract only upon reception of Ibercibus proforma invoice stamped and signed by the buyer.
Carrying out the contract shall mean, amongst others, the making of any possible preparations, such as placing of orders with third parties by Ibercibus
c. Upon acceptance of this sale confirmation proforma invoice, the client shall no longer have the right to cancel and/or in any way, can refuse to release the goods included in the proforma invoice, except on the cases when the rejection in based on proved nonconforming or defective products.
d. Omission by the client concerning a written acceptance of the sale confirmation proforma invoice shall be interpreted as an acceptance by the client of this document and all terms and conditions herein set forth.
e. The pictures and/or measurements, and/or weights demonstrated or named by Ibercibus shall be used only as an indication, unless otherwise expressly stated or agreed.

3: PRICES

a. All quotations shall be exclusive of VAT, import duty, other taxes, levies and rights, and excluding the costs of packaging, loading and unloading, transport, installation and insurance, unless otherwise expressly stated by us.
b. Any discrepancies in quotation/sales confirmations, involving (an) error(s) in calculation shall be rectified without Ibercibus being obliged to carry out the agreement in accordance with the erroneously drawn up contractual element.

4: DELIVERY AND EXECUTION DEADLINES


a. Delivery takes place in accordance with the Incoterms (last version available) agreed between Ibercibus and the customer.
b. Delivery and execution deadlines are given based on estimates and shall not be binding for Ibercibus. These shall never be considered as absolute deadlines. Hence, on exceeding the deadline agreed by the parties, the buyer will not be entitled to claim for any compensation and/or dissolve the agreement.
c. By stamping and/or signing Ibercibus note of delivery and/or freight documents accompanying the consignment, the contractor acknowledges reception of the goods as per conditions stated on the above mentioned documents.

5: PAYMENT

a. Payment of the goods shall be made in advance. Any other payment terms could be discussed only if the full amount of the invoice can be covered for the insurance company that Ibercibus works with.
b. In case of delayed payment terms agreed as per art.5a; if an invoice payment is not effected within seven days of invoice due date, the contractor shall be obliged to forfeit to Ibercibus interest of 1% per month, calculated over the whole amount, on a pro rata basis from due date.
c. Furthermore, Ibercibus shall be entitled, to demand from the contractor, as well as the main sum and interest, all court and out of court costs incurred as a result of late, or non-payment. These out of court costs shall be set at 15% of the sum unpaid or late paid by the contractor.
d. Besides former articles, in case that the contractor has failed to fulfil on due date any payment obligations of any invoice agreed to be paid as per art. 5a after loading the goods; Ibercibus will be entitled to postpone any subsequent confirmed delivery from confirmed loading date till the debt with the contractor can be settled.

6: COMPLAINTS AND LIABILITY

a. The contractor will be obliged to examine the goods after receiving them from Ibercibus; and unless the contractor has complained respect to noticeable defects within 2 working days, the goods will be considered in conformity with the agreement.
b. Claims concerning non noticeable defects must be made in writing within 2 working days after their appearance and shall be only accepted during 1 month upon delivery of the goods
c. Complaints of which Ibercibus has not been informed accordingly and in time, shall never lead to liability for Ibercibus in any way.
d. In case of complaints pursuant to this article, the contractor shall prove the exactness of the claim by furnishing literal proof in order to verify responsibilities, and providing any assistance to enable to look into it. Failure on the part of contractor to comply with this requirement shall mean him/her losing all rights.
e. Weight loss shall not be considered a deficiency, if this weight loss is not more than 0,25%. Weight loss can, in this context only be demonstrated by an official weight receipt showing weighing on, or directly after delivery on a public weigh bridge.
f. Ibercibus will not accept any complaint if the contractor or third parties have carried out themselves changes in the nature, composition or packaging of the goods delivered or if they have been handled, maintained and/or stored improperly or against any agreed or legal regulations.
g. If Ibercibus, despite the general conditions based on legislation, should be considered liable for damage suffered by the contractor, Ibercibus shall limit the level of this liability to the invoice amount.

7: FORCE MAJEURE

a. If Ibercibus fails to meet an obligation towards the contractor as result of Force Majeure circumstances, Ibercibus shall never be liable to compensation. Force Majeure shall in any case include among others: Non-fulfilment of responsibilities on the part of suppliers and/or (other) third parties of Ibercibus, war or similar situation, fire, strike or work stoppage, loss of materials, governmental legislation including import, export and transit prohibitions and animal epidemics.
b. On the above mentioned circumstances Ibercibus shall be entitled to extend the execution or delivery deadline by the duration of the hindrance. However this extension can never be longer than 3 months.
c. If Ibercibus following this period of 3 months is still hindered by superior power from carrying out his/her duties in this agreement, Ibercibus or the contractor shall be entitled to dissolve the agreement entirely or for the part that has not been fulfilled yet.


8: RESCISSION

a. In the event the contractor fails to perform one or more of its obligations , fails to do so in a timely or proper manner, is declared bankrupt, or applying for bankruptcy, applying, or having applied for suspension of accounts, distrait being placed on his/her property, (or part thereof), dies or is placed in care, fails to comply with any obligations on him based on law or these general conditions or fails to pay an invoice, or part thereof within the relevant time limit; Ibercibus shall be entitled to suspend the implementation of the agreement without proof of default or taking the matter to court, without prejudice to its rights to claim compensation.
b.The contractor shall only be entitled to rescind the agreement in the events described in point 7c of this general sales and delivery conditions and only after paying to Ibercibus all amounts owed at that time , whether or not due.

9: APPLICABLE LAW

a. All offers made by Ibercibus, all agreements made with Ibercibus and other undertakings, as well as the carrying out thereof shall be exclusively subject to Spanish law.
b. Any possible disputes arise from Ibercibus and the contractor shall be subject to adjudication by the competent civil courts in the district of residence of Ibercibus, unless legislation provides for the contrary.