1. Purpose and scope
1.1. These General Conditions of Sale and Delivery (hereinafter, the “GCSD”) will govern the contractual relations between the company Lecitrailer, S.A. (hereinafter “Lecitrailer”) and its customers (hereinafter the “Customer”), either individuals or legal entities, who enter into these contracts in the course of their commercial, professional or business activities.
1.2. The Customer has had prior knowledge of these GCSD because Lecitrailer has provided a copy of them, and/or by indicating the link to the publication of the GCSD on Lecitrailer's internet website www.lecitrailer.com.
1.3. The Customer unreservedly accepts the GCSD when accepting an offer from Lecitrailer, placing an order or concluding a contract with Lecitrailer, being expressly obliged to fully comply with them without exception.
1.4. Any other general purchase conditions established by the Customer are not applicable, even when Lecitrailer does not expressly revoke them, except for those agreed between Lecitrailer and the Customer with the express consent, stated in writing, of both parties.
2. Offers and orders
2.1. The Customer shall send any orders for Products to Lecitrailer in writing and duly signed.
2.2. Sending an order entails the acceptance of the offer by the Customer and the quote previously provided by Lecitrailer.
2.3. For the sales agreement to be binding, the order must be confirmed by Lecitrailer. This Lecitrailer Order Confirmation will be sent to the Customer in writing within three weeks from the date of receipt of the order. The contract will not be understood to have been completed without this order confirmation.
2.4. The Customer will not be able to fully or partially cancel the order once it has been confirmed by Lecitrailer, nor make any changes in the configuration of the semi-trailers.
2.5. Any change in the order, whether at the initiative of Lecitrailer or the Customer, will require a written update of the Order Confirmation.
3. Prices
3.1. The sales prices of the Products will be the prices set in the offer and confirmed in the Lecitrailer Order Confirmation.
3.2. Unless stated otherwise in the order confirmation, prices are understood to be in Euros, net and “Ex Works” (EXW) Casetas factory (Zaragoza, Spain) (Incoterms 2020), not including packaging, transport, or any taxes, fees or levies that may apply, which shall be borne by the Customer.
4. Delivery and transfer of risk
4.1. The delivery of the Products to the Customer will be carried out under “Ex Works” (EXW) Casetas factory (Zaragoza, Spain) (Incoterms 2020) conditions, with the risk being transferred to the Customer from that moment.
4.2. From the notification that the goods are available, the Customer has a period of 5 working days to collect the Products from Lecitrailer's facilities. Once this period has elapsed without collection taking place, Lecitrailer may invoice the Customer for the storage costs incurred, at a rate of 10 Euros per vehicle per day, without prejudice to the transfer of risk to the Customer from the time of availability.
5. Delivery period
5.1. Delivery periods indicated by Lecitrailer are estimated and non-binding, unless Lecitrailer expressly guarantees them in writing as firm.
5.2. The delivery period shall commence from the date of the Order Confirmation by Lecitrailer, provided that the Customer has fulfilled all prior obligations (payment of advances, delivery of documentation, etc.).
5.3. In the event of a delay in delivery due to causes attributable to Lecitrailer, the Customer may grant a reasonable additional period in writing. If delivery does not take place after said period, the Customer may terminate the contract, Lecitrailer's liability being limited to the refund of amounts paid on account.
6. Force majeure
6.1. Lecitrailer shall not be liable for non-compliance or delay in the fulfilment of its obligations when due to causes of force majeure or fortuitous events (strikes, natural disasters, pandemics, lack of supply of raw materials or components, etc.).
6.2. In such cases, the delivery period shall be extended for a period equal to the duration of the cause of force majeure.
7. Quality defects / Warranty
7.1. Lecitrailer guarantees that the Products are free from defects in materials and workmanship for a period of one (1) year from the date of delivery, unless expressly agreed otherwise.
7.2. The warranty is limited to the repair or replacement, at Lecitrailer's option, of the defective parts or Products. Repair work will be carried out in workshops authorised by Lecitrailer.
7.3. Defects caused by natural wear and tear, improper use, lack of maintenance, unauthorised modifications or accidents are excluded from the warranty.
8. Liability
8.1. Lecitrailer's total liability for any concept derived from the supply of the Products shall be limited to the price of the Products that gave rise to the claim.
8.2. In no event shall Lecitrailer be liable for indirect damages, loss of profit, loss of production or loss of earnings.
9. Retention of title
9.1. Lecitrailer reserves the title to the Products delivered until full payment of the price by the Customer.
9.2. Until full payment is made, the Customer must keep the Products in perfect condition, insure them and keep them identified as Lecitrailer's property. The Customer may not pledge or assign the Products as collateral.
10. Data protection
10.1. In accordance with current data protection regulations, the Customer is informed that their data will be processed by Lecitrailer for the management of the contractual relationship.
10.2. The Customer may exercise their rights of access, rectification, deletion and others legally recognised by contacting Lecitrailer.
11. Place of performance, jurisdiction and applicable law
11.1. The place of performance of the Customer's and Lecitrailer's obligations shall be Lecitrailer's registered office in Casetas (Zaragoza, Spain).
11.2. For the resolution of any dispute, the parties submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Zaragoza (Spain), expressly waiving any other jurisdiction.
11.3. The contractual relationship shall be governed by Spanish law.
