Terms and conditions

DEFINITION

The General Conditions of Sale of ACR products and application are defined as follows. These conditions are applicable to all sales of products, application of services and supplies of goods made by ACR to its customers, unless individually agreed and recorded in writing such special agreement between ACR and the customer.

By accepting delivery of ACR products or services, the customer acknowledges and accepts these conditions. Any additional or different terms or conditions set out by the customer in any purchase order or other document shall not be deemed applicable unless accepted in writing by ACR.

ACR's conditions prevail over any other conditions, unless otherwise agreed in writing. ACR reserves the right to modify these General Conditions at any time. The General Conditions in force at the time of acceptance of the purchase order by ACR will apply.

PRICES AND PAYMENT CONDITIONS

The price of the products will be the current RRP or the special rate agreed with the client. If by any chance the price is not updated on the website, it will be updated when the order is transferred to our system. The price of the shipping is estimated by sizing the order and according to ACR's calculation rules for default transport. If any adjustments are required, for example due to our own transport, we will do so here.

ACR reserves the right to change prices without prior notice if justified circumstances arise.

Unless otherwise agreed and accepted in writing, payments must be made by prior transfer or cash.

The granting of the credit account will be subject to a solvency analysis by ACR, who will request the information it deems appropriate for this purpose.

If ACR authorises the credit account, a maximum amount and a maturity period will be established. If any of these are exceeded, ACR reserves the right to terminate the credit account by demanding payment in advance. Any change in the creditworthiness of the customer may modify the conditions of the credit account.

Payment will not be considered effective until the total outstanding amount has been irrevocably credited to ACR's bank account.

In the event that the customer does not make payment on the agreed date, ACR will be entitled to claim late payment interest of 1% per month from the day on which payment was due on the unpaid amount.

If the customer does not make payment on the agreed date, ACR reserves the right to repossess the Items until full payment is made. This measure does not imply the waiver of rights or the termination of the contract. Likewise, ACR will have the right to retain all goods and services until full payment has been made.

In the event of any situation that involves a delay in payment to ACR by the client, ACR reserves the right to suspend compliance with any of its obligations under the contract and/or previously agreed Commercial conditions, until full and effective payment of the amount owed by the client has been made. ACR will inform the client immediately of any suspension of compliance with its obligations.

SHIPMENTS, TIMES AND DELIVERIES

ACR may cover the transport costs of daily shipments that exceed a pre-established economic amount by ACR and that are sent to the same address using the same transport agency, by prior agreement with the client in a particular and written manner. If these conditions are not met, the transport costs will be borne by the customer.

The stated delivery dates are not binding. If ACR is unable to meet them due to circumstances beyond its control, the customer will be informed immediately, stating the reason and agreeing on a new estimated date. If ACR fails to deliver within this additional period of time, the customer will be entitled to withdraw from the contract in whole or in part.

Withdrawal from the contract by the customer will be the sole remedy available in the event of delay, any other remedy against ACR will be excluded.

Partial deliveries will be permitted unless otherwise agreed in the Contract.

It is the customer's responsibility to carefully inspect the quality of the items and quantities delivered by ACR at the time of delivery. If damage occurs during transport, a claim must be submitted to the transport agency and to ACR within a maximum period of 24 hours, including a description and/or photographs of the condition of the goods if necessary. Outside this period, the claim will not be accepted.

After a prior inspection, the customer must notify in writing and within a period not exceeding four days following delivery of the goods, any incident related to the quality and/or quantity of products included in said shipment. If the claim is not submitted within the established period, the articles will be considered to have been received in compliance and no subsequent claims will be accepted for these reasons.

GUARANTEE

The ACR company offers a 24-month guarantee against any manufacturing defect, provided that the product has not been manipulated without the explicit written consent of ACR.

If ACR finds the cause of breakage or quality incident in a lack of maintenance and/or inadequate maintenance, natural wear and tear, incorrect installation or defective handling of the part or component by the customer, the guarantee will be denied.

The customer must complete the Guarantee Document with the item reference and the delivery note/invoice number. In the case of compressors, the serial number must also be included.

ACR may choose to repair or replace the defective part at its discretion.

The warranty refers only to the part and does not cover labor or other costs derived from it.

The customer is responsible for transportation costs to ACR's facilities.

The customer authorizes ACR to perform the destructive tests that ACR considers necessary to carry out the analysis of the product sent as a presumed guarantee.

In the event that the analysis and tests carried out by ACR imply the technical acceptance of the part sent under Guarantee, the part will be credited, replaced or repaired.

If after the analysis and/or tests carried out by ACR on the product received as Guarantee, it is not technically accepted as such, the customer will be informed by generating and subsequently sending a report that will show the reasons for such technical denial. The product will be stored at ACR's facilities for 15 days. After this date, it will be destroyed in accordance with the law or current regulations. If the customer requests the return of the part, it will be sent with freight due or including the amount corresponding to the transport cost on the invoice, being sent by ACR's usual transport agencies, unless previously agreed.

RETURNS

ACR will not accept returns after 30 calendar days from the date of the sales note. In exceptional cases, a surcharge of 10% of the net value of the product will be applied, if the return is outside this period described in this section. This condition is applicable to all product families marketed by ACR except the Compressor family, in which a 5% surcharge of the net value of the product will be applied.

The returned product must be in perfect condition, including its original packaging. If the product received, as well as its original packaging, is found to be defective, damaged or tampered with, it will be rejected and returned to the customer, upon notification.

The customer must complete the corresponding Return Request Form, adding the item reference, serial number (in the case of compressors) as well as the delivery note and/or invoice number, indicating the reason for the return to ACR.

The customer will be responsible for the transport costs to our ACR facilities, except for an error or incident previously verified by ACR.

RETENTION OF TITLE

All products will remain the property of ACR until full and effective payment has been made.

GENERAL LIABILITY

ACR shall not assume liability for recommendations on the use of the Articles.

ACR shall not be liable for damages suffered by the client, its employees or third parties arising from improper use of the Articles. In no event shall ACR be liable for indirect damages, including loss of production, loss of profits, costs of downtime or replacement, defects in other articles, work accidents, claims by third parties, among others.

CONFIDENTIALITY

Both parties shall maintain the confidentiality of all information related to the product or the Contract, including technical, financial, commercial or any other information that has been revealed during the execution of the Contract. This information shall not be disclosed to third parties without the prior written consent of the other party, except if required by law or a competent authority. The obligation of confidentiality will remain in effect even after the completion or termination of the Contract.

INTELLECTUAL PROPERTY

ACR reserves all intellectual property rights and copyrights on the products and any other material related to them, including drafts, designs, calculations, catalogues, images and drawings. The delivery of these products by ACR does not imply the transfer or granting of intellectual property rights to the client.

JURISDICTION, APPLICABLE LEGISLATION

Disputes or claims related to these General Conditions and any contractual relationship between ACR and the client will be resolved exclusively by the courts of Madrid. The client waives any other jurisdiction, including the courts competent in its registered office.

Spanish law will be the only applicable law to these General Conditions of Supply of products and Services.