Commercial Terms

Last updated: September, 2024

(1) These commercial terms of purchase and delivery apply to all of our supplies and services.

(2) They shall also govern all future contracts with the client.

(3) Our offers are non-binding unless expressly stated otherwise.

(4) Orders are binding only if confirmed in writing.

PRICES – COSTS – SHIPPING

Prices are quoted Ex Works (EXW) Barcelona, Spain, (unless expressly stated otherwise) and do not include VAT. If any error is found in the price information, we reserve the right to correct it. In such case, we will notify the client immediately. The client may then reconfirm the order, or RUFUS Timing shall have the right to terminate the contract.

RUFUS Timing may arrange shipping on behalf of the client. At the client’s request, the shipment may be insured. We recommend that the client contract shipping and insurance directly at the destination, in order to expedite any potential claims with the carrier.

Delivery dates are non-binding unless a fixed deadline has been expressly agreed in writing. The delivery period begins once the order has been confirmed and, where applicable, once the client has provided all required technical documents, materials, auxiliary supplies, or equipment. If advance payment is required, the delivery period begins upon receipt of such payment. If delivery is delayed for reasons for which we are responsible, the client shall have the right to withdraw from the contract after granting a reasonable additional period for delivery. Further claims shall only be valid in cases of gross negligence on our part.

DELIVERY PERIOD

The delivery period is subject to the availability of the requested product in stock, which will be specified in our proposal.

RISK OF LOSS – PRODUCTION DELAYS

The client shall bear all risks of loss once delivery has been effected.

Our delivery obligations are deemed fulfilled once the goods have been duly handed over to the post office, railway, carrier, or forwarder, or once they have been loaded into the client’s vehicle. From that moment, all risks shall pass to the client.

Circumstances beyond our control which significantly hinder or temporarily prevent the production or delivery of goods shall release us from our delivery obligations for the duration of such impediment and its consequences. This includes, but is not limited to, force majeure, war, government measures, operational disruptions, strikes, or lockouts, whether in our operations or those of our suppliers.

PAYMENT TERMS

Full prepayment (100%) is required when goods are to be delivered immediately.

For non-immediate deliveries, payment terms are 50% upon order confirmation and 50% upon delivery.

Accepted payment methods include bank transfer, credit card, cash in euros or US dollars, Western Union, cryptocurrencies, or other methods as individually agreed.

If the client delays payment, we are under no obligation to deliver or manufacture goods until all overdue amounts have been paid in full. In such cases, and in situations where the client’s financial condition deteriorates (including but not limited to protested bills, bankruptcy filings, pending enforcement proceedings, transfer of the company to third parties, liquidation, or the death of the client), we reserve the right to require full prepayment for any undelivered goods.

WARRANTY – LIABILITY

Claims for defects must be made immediately upon receipt of the goods in the case of obvious defects, and immediately upon discovery in the case of hidden defects, including return of the defective item(s). In all cases, claims must be submitted no later than 30 days after receipt of the goods. Claims made after processing or alteration of the goods shall be considered late.

Timely notification of defects is a prerequisite for any warranty rights. Our warranty obligation expires 12 months after delivery of the product. Under warranty, the client may request restoration to achieve a defect-free condition. If restoration is not possible, the client may request replacement. Transport costs related to warranty claims shall be borne by the client.

Warranty rights do not extend to consequential damages, cosmetic imperfections (such as scratches or dents), or damage caused by improper or incorrect use, improper application, or misconduct by the client or third parties. Excluded as well are wear parts such as batteries, unless the failure is due to a manufacturing defect. Further exclusions include accidental damage, abuse or misuse, contact with liquids, fire or other external causes, use of goods or accessories outside the specifications or manuals provided, damage caused by unauthorized service personnel not representing RUFUS Timing, normal wear and tear or aging, and damage caused during transport.

TECHNICAL SUPPORT AND SPARE PARTS

Technical support and the availability of spare parts are guaranteed for as long as the product remains actively marketed. When a product is discontinued or updated, RUFUS Timing will offer clients fair conditions for replacing older equipment with new models.

LEGAL NOTICE

The client acknowledges having read, understood, and accepted these commercial terms.