General conditions of sale and installation
1. Validity of budgets
DILUS estimates are valid for 30 days.
2. Contractual relationship
Acceptance of our quote creates a binding contractual relationship between the customer and DILUS through the quote and these terms and conditions of sale. If any variation has been agreed, we will give it to you in writing, and unless you notify us otherwise in the next 7 days, the variation will be considered confirmed.
If you send us an order without the existence of our previous budget, the binding contractual relationship according to these terms and conditions of sale (except clause 1) also applies at the time we provide you with our "Order Acceptance". In the latter case and in the rest of this document, when the word budget appears, it will refer to the “Order Acceptance” document.
3. Materials to be supplied
We will supply the materials described in our estimate. It is understood that the technical specifications of the same have been validated by the client. DILUS is not responsible for possible incompatibilities in the integration of its products with third-party products.
4. Prices
- 4.1. If not indicated otherwise, the prices in our estimate do NOT include VAT, transport, packaging, transport insurance or possible customs clearance. Material placed at our headquarters in Madrid.
- 4.2. The prices that appear in the estimate are fixed and will not change during the validity of the estimate, and if you want to add other products, the price that appears in the current price list will be applied .
- 4.3. Any installation price indicated in the estimate is firm, except if it is stated that it must be "subject to review" or if it involves work outside the scope of the installation, which could not be reasonably foreseen in the preliminary study, which are the result of a lack of malicious information or are due to force majeure or not attributable to DILUS.
- 4.4. If there is an amount marked “subject to review” in the installation estimate , it means that we have not inspected the installation site and that we are giving you a reasonable estimate of what the cost of the installation is likely to be.
- 4.5. If our technician has to carry out a job that you were supposed to carry out, or has to correct a job carried out by you, or if we have to supply installation services and equipment that you were supposed to supply, then we will apply a charge additional according to the current rates of DILUS.
5. Installation
- 5.1. The budget will indicate if the supply includes the installation, in which case the amount will appear in a heading. In the event that the installation is not included, the provisions of clause 5 do not apply.
- 5.2. If the budget includes installation work, once the budget has been accepted , DILUS will provide indications of the possible preparatory work that the client must carry out before we are going to carry out the installation on the date agreed by both parties. This schedule is indicative only and you should verify it yourself as to the extent of the work required to allow us to successfully complete the installation. You must notify us when the works have been completed, and if necessary you must allow us to inspect them.
- 5.3. DILUS will notify the client of the final moment in which the installation will be carried out with a minimum of 7 days in advance, provided that the completion of the possible previous works has been confirmed by the client .
- 5.4. Additionally, the client will provide the DILUS technicians to carry out the installation:
- Parking for 2 vehicles close to the installation site <br
- Washbasin and toilets
- Light and power outlet when they may be necessary
- Clean work area for installation
- Access outside the installation site where we can carry out complementary work such as sensor installation
- 5.5. If our technicians consider that the previous work that was on their own has not been carried out correctly and they have to do it themselves, then the corresponding charge will be applied based on the DILUS rates. An extra charge will also be applied if on the day agreed for the installation, our technician makes the visit and they cannot carry out the installation, due to deficiencies in the previous works or other causes attributable to the client.
- 5.6. Once the installation is complete, the DILUS technical staff will notify you verbally or in writing when the commissioning will take place. The customer's representative can attend such tests, but if he or she does not attend, the DILUS technical staff will carry out the tests anyway.
6. Cancellation of orders
- In the event that the customer requests the cancellation of an order placed, DILUS may not accept said cancellation, in particular if it includes non-standard equipment. In any case, DILUS reserves the right to apply a charge of 20% of the amount in case of total or partial cancellations of orders already confirmed to the customer.
7. Payment method
- The standard form of payment accepted by DILUS is prepaid at the time of ordering.
- Other forms of payment that have been agreed will be reflected in the particular conditions of the offer to the client.
- If the payment is on credit, DILUS will send the invoice once the material has been sent, or if it includes installation, once the commissioning has been carried out. Payment must be made within 30 days after you receive our invoice, and failure to comply will result in a 1% weekly surcharge.
8. Deliveries of material
- 8.1. The shipping address of the materials will be the one specified in the budget.
- 8.2. DILUS will carry out the procedures to deliver the materials to the specified address, but the possible charges for assistance or downloading of the materials will be at the customer's expense .
- 8.3. If you receive damaged or spoiled material, you must notify it within 7 days from the day of delivery. We will not assume any responsibility after 7 days.
- 8.4. Any claim regarding lack of material must be notified immediately by phone or in writing within 2 days.
- 8.5. Unless previously agreed by both parties, the means of transport and carrier will be at our discretion.
- 8.6. Any shipment or installation date that appears in our estimate is an approximate date and has no contractual effect. We will do our best to meet the deadlines, but we are subject to circumstances beyond our control, as there are materials we supply that are subject to import. If we have not met the dates within the next 40 days, if you wish, you may cancel your order in writing . DILUS is completely exempt from possible damages derived from a delivery after the deadline.
- 8.7. If, for reasons caused by you, we cannot deliver the material within 40 days of the date indicated in our order acknowledgment, such as failure to pay in advance according to the proforma invoice or omission of details for delivery, then we reserve the right to cancel the order, and return the material to our stock and apply a return surcharge along with other charges that are attributable up to a maximum of 20% of the total.
9. Repairs
All repairs outside the warranty period are subject to a minimum charge of € 225 for logistics management and diagnosis. These charges will also apply to returned materials that have not been found faulty.
Before sending us the material to be repaired, the client must request and complete the repair form. DILUS reserves the right to charge the customer an additional fee of € 150 for those materials that are sent to our facilities without the completed repair form.
After issuing a repair estimate, the customer has a period of 30 days to accept or reject the repair. After this period, DILUS reserves the right to charge an amount for storage of 1% of the material for each day of delay.
10. Transfer of ownership
- 10.1 In the case of a supply, the responsibility of the equipment will be the customer from the moment the carrier picks up the materials at our
facilities. - 10.2 In the event that installation services have been included, once this is completed, any responsibility for the equipment passes to the customer.
- 10.3 Property of the materials will remain with DILUS until full payment has been received . In the event of non-payment, DILUS reserves the right to recover the materials.
11. Warranty
- 11.1 Our products are guaranteed against possible manufacturing defect under the use specified in the operation manual, from the date of shipment and during the warranty period specified in the offer document. For some products, extended warranty plans can be purchased, which will also be detailed in the budget. The products we sell may include additional warranty conditions specified in the documentation supplied with the product.
The warranty does not cover damage caused by wear and tear from its use, nor by deterioration or failures caused by a lack of maintenance and calibration that have been recommended. Consumables and components with limited life, such as batteries, mechanical relays, fine-wire thermocouples and desiccant, are only guaranteed to function to specification at the time of delivery. Our obligation within the warranty period is limited to repairing or replacing a defective product (at the discretion of DILUS). - 11.2 All costs associated with removing the product and reinstalling it after repair will be at your own expense .
- 11.3 The labor and materials that have been necessary to repair an equipment outside of the previous guarantee conditions will be charged , and all the transportation costs to and from the material will be at your expense.
12. Indirect damages
We are not liable to you or anyone else who does so on your behalf, for any indirect damage that we may have caused by delay in delivery or installation, damaged or defective material, or any work or services provided by us, or as a result of the cancellation of the contract between the parties.
13. Jurisdiction
For the resolution of any litigation, discrepancy or difference that may arise in relation to the fulfillment or execution of this contract, the two parties submit to the jurisdiction and competence of the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may reciprocate.
14. Data protection
The personal data of the Provider, in the event that this is a natural person, or in the case of the representatives of a public or private legal entity, will be processed by DILUS instrumentation y Sistemas. The purpose of collecting and processing information is the management, control, development and maintenance of the contractual relationships established with them.