T&C specified within this section apply to the purchase of any product sold by Tellink (the “seller”) regardless of whether the purchase has been ordered via telephone, e-mail, letter, fax or any other mean. The shipment of the products from Tellink implies the acknowledgement and prior acceptance by the buyer of the T&C’s included within this section.
These general conditions shall be those governing the relationship between buyer and Tellink except in case of an special separate agreement signed by the parties.
1.- Conditions of Sale
The payment terms of the purchase will be agreed individually between Tellink Sistemas de Comunicación, S.L. (VAT code: B-78918984) and the client. The purchase will only be deemed made since the time of receipt of merchandise order. The obligation to provide the product purchased will come only from that time. The seller reserves the right at any time to change the mean and the payment period.
Unless explicitly stated otherwise, all product shipments are freight collect so the buyer covers any costs of transportation and insurance. The price of transport and their insurance have been passed within the purchase price of the product, and appear as a cost in terms of concepts of the bill. The product will be shipped by the system operator and Tellink usual, except otherwise agreed.
The buyer will be responsible for all costs arising as a result of the delay in receiving the good or reject it without just cause accredited. In any case, these costs include a merely declarative: storage costs, assurance of product removal, transportation, and even if costs of lawyers and professionals.
The payment of the product will be individually agreed between Tellink and the client. The currency to be used is the Euro.
3.- Applicable law
The sale held pursuant to these shall be governed in all respects by the laws of the Kingdom of Spain.
4.- Shipping. Taxation
The shipping of the product are the responsibility of the buyer. These expenses are included in the purchase price and reflected as such, and correctly disclosed in the bill of purchase.
The sales transaction is also subject to payment of the taxes that apply as appropriate in accordance with applicable regulations. Where appropriate, the bill will reflect the concept of the tax and its amount.
The buyer will be responsible and liable for payment of taxes levied on the purchase and sale.
5.- Risk of Loss
The liability for loss or damage during transportation of the product corresponds to the Tellink provided that the carrier was chosen by it. The ownership of the product is the buyer from the time the product is remitted or made available.
6.- Claims for errors or product damage
The buyer may claim to Tellink error or defect in the goods delivered within five days from the time of product delivery, provided by the written complaint to justify the reason for it.
7.- Limitations of Warranty
Tellink ensures that the products supplied meet the specifications of their specifications and are free from manufacturing defects for a period of one year from the date of delivery of the goods.
During the guarantee period the buyer may refer to Tellink products purchased for repair or replacement due to defects. However, this will require that the buyer has previously communicated in writing to Tellink the incidence and that it has granted in writing the corresponding RMA (Return Material Authorization) to return material.
Items returned under this guarantee must be in the same condition they were received and without having been manipulated or modified, and must be returned in the same packaging in which they were sent.
However, Tellink reserves the right to refuse the repair or replacement of products returned under this warranty if they have been manipulated or showing that they are not in their original state.
Products outside the warranty period could be repaired or replaced at the request of the buyer. In this case, apply the current repair rates or applicable price.
El envío de productos a Tellink, tanto en garantía como fuera de ella, siempre correrá a cuenta del comprador..
8.- Exclusion of other Warranties
Tellink offers on any products sold no other express or implied warranty, except those expressed in these conditions. Especially not guarantee that the product purchased meets the special expectations of the buyer. Tellink is not liable under any circumstances for any loss or damage resulting from the use, utilization or exploitation of its products.
However, the maximum amount for which Tellink will respond to infringements of the guarantees provided in these conditions amount to the invoice amount of product supplied.
Tellink is not responsible and assumes no liability expressed or implied by the use of medical devices or products to support health services.
9.- Applicable law
The buyer and Tellink agree that this contract shall be governed in all respects under Spanish law.
All software provided is subject to the license agreement that accompanies the product. The buyer and its customers are bound by the license agreement.
11.- Jurisdiction and competence
The parties expressly waive any jurisdiction that may apply specifically to choose to have the resolution of any dispute regarding these terms and conditions, business operations developed thereunder, or any other dispute that may arise from the same jurisdiction and jurisdiction of the Courts of capital Madrid, Spain.