General Terms and Conditions of Sale
1. Preamble
The following conditions apply to all products offered—both new and used—services, and spare parts manufactured and distributed by Agria Hispania S.L. Placing an order implies that the buyer accepts these terms and conditions, to the exclusion of any others.
2. Purchase Order
Agria Hispania only accepts purchase orders in written form, expressly excluding any other means. The order must be signed by an authorized person representing the requesting company. It must include the machine configuration requested, the price, and the method of payment. Otherwise, the request shall be considered null and void.
3. Machine Prices and Delivery Conditions (Incoterms)
Prices are expressed in euros and do not include taxes (either direct or indirect). These prices do not include transport within the Iberian Peninsula unless otherwise agreed. Unless otherwise expressly agreed by the parties, delivery terms shall be EXWORKS AMOREBIETA (EXW – Incoterms). The valid price shall be that stated in the purchase order, duly completed as described above.
4. Delivery Times
Delivery times indicated in the order confirmation are indicative only. Therefore, Agria Hispania shall not be liable for any compensation to the buyer in the event of delays or any damages arising therefrom. If the buyer requests accessories or specific modifications not included in the current general catalogue at the time of the order, this may not be used as grounds for order cancellation.
5. Modification and Cancellation of Purchase Orders
Once a purchase order has been confirmed, no changes to the original order will be accepted unless expressly confirmed in writing by Agria Hispania. In any case, the buyer must:
- Submit the request in writing to their account manager at Agria Hispania.
- Receive confirmation that the change has been accepted.
- Pay any costs arising from logistics, administration, quality control, and stock control resulting from the modification, as well as any price increase.
- Submit a new purchase order in writing as indicated in section 2.
Accessories and specific modifications requested by the buyer that are not included in the current general catalogue cannot be modified.
6. Claims and Warranty
Any claim regarding non-conformity of the delivered products must be made in accordance with the channels and deadlines established in the general warranty procedure. The buyer expressly acknowledges having received, accepted, and returned duly signed the general warranty policy conditions of Agria Hispania.
7. Returns
Returns of machines will not be accepted without prior written authorization from Agria Hispania management. If a return is authorized, a written request must be submitted to the relevant account manager, and a 20% deduction will be applied to the value of the machines.
Machines must be returned in their original configuration, in perfect condition, and unused. If the machines are received in poor condition, Agria Hispania reserves the right to charge the customer for refurbishment costs.
Orders for special machines and accessories not included in the current price list may not be modified or cancelled.
8. Payment
Unless otherwise agreed, invoices shall be paid as follows: 20% upon order placement and 80% prior to collection of the products at Agria Hispania’s facilities.
If deferred payment is authorized, the payment term shall begin from the invoice issue date. Orders for special machines and accessories are not eligible for deferred payment.
The place of payment shall be the registered office of Agria Hispania S.L., unless otherwise agreed.
9. Late Payment
Any delay in payment shall automatically and without prior notice accrue late payment interest of 1% per month, calculated based on the outstanding amount and the duration of non-payment (from the due date to the date the funds are received).
Failure to pay after the due date, even following an agreed extension, shall render the entire outstanding debt immediately payable. Such non-payment shall result in the automatic termination of contracts and orders.
10. Ownership
Ownership of the product shall remain with Agria Hispania until 100% of the invoice amount has been paid. In the event of insolvency, bankruptcy, or liquidation of the buyer, Agria Hispania reserves the right to recover the supplied goods as security for outstanding payments.
11. Personal Data Protection
In compliance with the GDPR (EU 2016/679) and Spanish Organic Law 3/2018 (LOPDGDD), the buyer’s personal data will be incorporated into and processed within files owned by Agria Hispania S.L. These data will not be shared with third parties without consent.
The buyer may exercise their rights of access, rectification, erasure, and objection by written communication to: Agria Hispania S.L., Barrio Euba S/N, 48340 Amorebieta, Vizcaya, Spain.
12. Applicable Law and Jurisdiction
This contract shall be governed exclusively by Spanish law, without recourse to conflict-of-law rules. Any dispute regarding the interpretation or execution of these terms shall be submitted to the Courts of the City of Bilbao (Spain), unless otherwise agreed.
Domicilio Social: Barrio Euba S/N, 48340 Amorebieta (Vizcaya), Spain. Inscrita en el Registro Mercantil de Vizcaya, T.5591 –F.167- H. BI-67463