Terms and conditions
These General Terms and Conditions of Sale (“GTCS”) are intended to regulate the commercial relations between GENERAL DE MEDICION, SL and its customers and are not intended for relations with consumers or users (natural persons acting for purposes outside their trade, business, craft or profession or legal persons and unincorporated entities acting on a non-profit basis outside a trade or business).
These General Terms and Conditions of Sale (“GTCS”) apply to all sales, supplies and services in general, as well as offers and orders related thereto, carried out by GENERAL DE MEDICION SL (“GM”) for other companies or merchants (“Customer/s”).
By placing an order or accepting an offer extended via the website or by e-mail, it is understood that the Customer accepts these GCS.
Any terms and conditions different than these will require the express written consent of GM.
GM’s offers and quotations are not binding on GM and are therefore subject to change unless the order placed by the Customer and based on an offer or quotation is confirmed in writing by GM to the Customer.
All orders require GM’s written confirmation in order to be binding on GM. There will be no contract of sale without such confirmation.
Orders containing any kind of penalty will be rejected.
The minimum order value is €90.00, excluding VAT and shipping.
3.- Information in catalogues and on the website
GM will make every effort to ensure that the descriptions, photographs and other information contained in the catalogues and on its website are accurate. However, such information is merely indicative and approximate (whenever it appears in the catalogue). Hence, it is non-binding and offers no warranty. GM declines any liability for any inaccuracies that may appear in its catalogues or website.
Customers may ask GM via the portal for any details they may need regarding the products in the catalogue.
The price payable for the Goods and Services requested by the Customer on each order is the price that appears on GM’s price list, confirmed by GM on the day the Customer’s order was recorded in the Company’s system.
GM may modify the list price at its sole discretion, on the understanding that new prices will only apply to orders placed after such modification.
VAT and other mandatory taxes under current law at the time of the sale will be added to the sale price.
Customer authorises GM to send invoices to the Customer by e-mail, in keeping with the laws in force from time to time. Invoices will be issued in euros for the total price of the Goods or Services, including applicable taxes and costs charged to the Customer in accordance with the provisions of these General Terms and Conditions. On an exceptional basis and at the Customer’s written request, invoices may also be sent by ordinary mail, although only electronic invoices are valid according to the terms of Law 25/2013 of 27 December on electronic invoicing and the creation of an invoice registry for the public sector.
GM will invoice the Customer for any costs incurred by the Company as a result of errors caused directly by incorrect instructions received from the Customer or its representatives, which are always payable by the Customer.
There are shipping costs associated with all order of Standard Goods, depending on the weight or volume of the order, where applicable. Orders that include “pallets” longer than 2 metres are subject to a shipping supplement of €25 (per pallet). The maximum preparation time for Standard orders is 48 hours from order confirmation. Order preparation and delivery times are subject to stock availability.
All collections of Goods for repair by GM, outside the warranty period set out in clause 9, are subject to an additional shipping charge of €10 per item sent. There is no additional shipping charge for Goods collected for repair during the warranty period.
Orders over 300 euros for the peninsula (except Portugal) and over 600 euros for the Balearic Islands, Canary Islands, Ceuta and Melilla are shipped free of charge. These prices are net of taxes and surcharges.
Express deliveries are always invoiced separately from all the services provided above and will be delivered according to the timetables provided by the shipping company in the contractual documentation.
Recipients must unload the Goods at the destination or make arrangements for unloading.
6.- Delivery of the Goods
Unless otherwise agreed, it is understood that any delivery times that may be indicated by GM to the customer are approximate and therefore are not of an essential contractual nature, and GM declines liability whatsoever for exceeding such delivery times.
The delivery period starts on the date of GM’s order confirmation.
To confirm the order, all the details of the order must be clarified beforehand and the Customer must have provided the documentation or materials required, where applicable.
GM is not obliged to confirm the order if the Customer refuses to clarify the order data or to provide the required information.
In the event that essential deadlines are set, the Customer will nevertheless grant, if these deadlines are exceeded, and without prejudice to the following, a reasonable grace period.
GM’s supply obligations are always contingent upon the supply of materials by GM’s suppliers (or the availability of stock, informed at the time of order confirmation), as well as the timely fulfilment of the Customer’s payment obligations.
In the event of force majeure or any occurrence that was unforeseeable when the contract was signed, such as natural disasters, fire, administrative measures, legal lockouts, or commodity and energy shortages beyond GM’s control, GM may either extend the delivery periods, if such events and occurrences are transitory, or withdraw from the contract if they are not transitory, in which case the supply or performance of the service is difficult or impossible or if it cannot be reasonably foreseen when they will cease.
The same rule applies when such events and developments affect GM suppliers. If GM chooses to withdraw from the contract, the appropriate settlement will be made between the parties, without either party being entitled to claim damages from the other.
Unless otherwise agreed, GM may make partial deliveries.
Goods delivered to the Customer in accordance with the Order and these General Conditions may only be returned with GM’s prior written consent and, in any event, under the conditions set out in this clause. GM will decide whether or not to authorise the return of the goods in each case at its sole discretion.
The maximum period for GM to accept a return of the goods will be 15 calendar days from the date of delivery of the goods to the Customer. After this period has elapsed, the return of the Goods by the Customer will not be accepted under any circumstances.
The above return or withdrawal periods commence on the date on which the Customer or a third party, other than the carrier and indicated by the Customer, takes physical possession of the Goods, or:
– In the event of multiple deliveries of Goods that were included by the Customer on the same order but delivered separately, the date on which the Customer or a third party indicated by the Customer, other than the carrier, take physical possession of the last delivery of the Goods.
– In the case of delivery of Goods comprising multiple components or parts, the date on which the Customer or a third party indicated by the Customer, other than the carrier, take physical possession of the last component or part.
– In the case of contracts for the periodic delivery of Goods over a specified period of time, the date on which the Customer or a third party indicated by the Customer, other than the carrier, takes physical possession of the first of such Goods.
No returns or withdrawal of Goods or Services delivered by GM will be accepted in the following cases:
– Goods used or damaged by the Customer.
– Goods with damaged packaging or identification labels caused by the Customer.
– Goods that are customised or made-to-order for the Customer.
– Goods that are chemical products, or that have an expiry date or special storage conditions.
– Goods order in quantities less than the minimum unit of sale set out in the Contract.
– Goods that are discontinued from the GM product catalogue.
– Incomplete Kits or Combos of Goods.
If the Goods are to be returned or withdrawn in accordance with the provisions of the preceding paragraphs, the Customer must communicate its decision by means of an unequivocal statement (by fax or e-mail) and send them at its own expense to GM’s facilities in Santa Perpètua de la Mogoda (Carrer Montcada no. 19, 08130 Santa Perpètua de la Mogoda).
Once the Goods are received at GM’s facilities, GM and the Customer will settle any outstanding payments owed or expenses incurred, proceeding to issue the corresponding credits and debits.
The risk of loss or deterioration of the goods is transferred to the Customer as soon as they are delivered or made available, in accordance with clause 6. The goods are insured at GM’s expense until the goods are delivered or made available.
If delivery or provision is delayed for reasons attributable to the Customer, the transfer of risk takes place from the time at which, in accordance with the agreement, delivery or provision should have taken place.
In the event that the transport is provided by the Customer, the delivery or availability of the goods is deemed to have taken place once the goods have been loaded onto the means of transport.
9.- Reservation of ownership
GM retains ownership of the goods until the Customer has paid the price of the goods in full.
Claims regarding the number and condition of the packaging of the delivered goods must be made immediately upon delivery of the goods and recorded on the delivery note. Any further claims relating to these matters are excluded.
Claims regarding the number, condition, identification and references of the goods, as well as claims regarding any visible or apparent defects, must be notified to GM in writing and in detail as soon as possible and in any case within fifteen working days from the date of delivery, always specifying the delivery note number. If the Customer fails to notify such defects within the specified period, the goods will be deemed to have been accepted, except with regard to the possible existence of hidden defects.
11.- Product warranty and after-sales services
Manufacturer’s warranty. GENERAL DE MEDICION SL guarantees the repair or replacement, free of charge, of all tools resulting from a manufacturing defect in the materials or assembly for a period of one year.
Repair guarantee. GM offers a one-year warranty on all repairs. During this time, GM will perform the repairs at no cost to the Customer. The warranty for tool repairs is void if the Customer decides to partially replace the number of parts recommended by our mechanics for the correct operation of the tool or if the tool is manipulated in an unauthorised manner.
Management of repair estimates. At the express request of the Customer, our Technical Service will provide a repair estimate. There is an additional charge of €20 for requesting a repair estimate. This amount will be deducted from the invoice if the estimate is accepted.
Repair estimates are valid for 15 calendar days from the issue date. After that, it will be assumed that the estimate was rejected if there is no express acceptance.
Used spare parts: The replaced parts will only be returned at the express request of the Customer. Once the repairs are performed, under no circumstances will returns be accepted nor can the repairs be undone. The Customer will pay for repairs if the goods are out of warranty.
The Customer bears the cost of shipping the goods to GM to obtain an estimate (at the Customer’s request), regardless of whether or not the tool is ultimately repaired.
GM is not responsible for repaired goods that remain on its premises more than six months after the repair has been completed and the Customer notified.
The Customer will pay invoices issued by GM within 30 days of the issue date by direct debit, unless another term and/or method of payment is expressly stipulated. Invoices issued by GM will contain the applicable payment terms and payment methods.
In those cases where a form and/or term of payment is negotiated with the Customer different than those reflected in these General Conditions of Sale (GCS) or, where applicable, in the Contracts (either for one or multiple orders, or for a specific period), such conditions will be detailed in said contracts and/or quotes and in the corresponding invoices.
In the absence of any express provision to this effect in the Contract, if the Customer fails to pay an invoice by the deadline as stipulated in this clause, GM reserves the right to claim the default interest accrued pursuant to article 7 of Law 3/2004 of 29 December on combating late payment, compensation for the costs incurred pursuant to article 8 of the same Law, as well as the costs of returned bank drafts, if any.
Unless otherwise provided in the Contract, any price discounts agreed with the Customer will be contingent upon the Customer being current in all payment obligations to GM. If Customers have outstanding balances with GM, the latter reserves the right not to apply the agreed discounts and to cease supplying further products.
In the event of non-payment by the Customer of the amounts owed to GM that constitute an overdue, certain and enforceable debt, GM reserves the right to communicate this circumstance to the entities dedicated to the provision of information services on the non-fulfilment of monetary obligations, in accordance with the provisions of article 29 of Organic Law 15/1999 of 13 December on the Protection of Personal Data, with the Customer expressly accepting the communication of their data for these purposes and the consequences that may arise from this measure.
The first order placed by a customer will be paid in advance, by pro forma invoice and transfer to the bank account designated by GM. Until such time as the corresponding amount has been received, the order will not be released.
GM’s liability – GM is not liable for damages, regardless of the legal basis for liability (impossibility of performance, default, defective supply, breach of contract, breach of pre-contractual obligations, non-contractual liability, unfair actions, etc.) unless there is intent or gross negligence. This limitation of liability does not apply in respect of breach of essential contractual obligations, damage to life and limb, or cases where liability is mandatory, e.g., product liability laws.
In any event, GM is only be liable for direct damages and typical contractual damages that were foreseeable at the time the contract was signed. Any liability for loss of profit is excluded.
Claims for damages against GM may only be brought by the Customer, who may not transfer them to third parties.
If the damage is covered by insurance taken out for this purpose by the Customer, GM will only be liable for the damage actually caused to the Customer (such as any increase in the insurance premiums taken out or interest on the payment of compensation until the compensation for the damage has been settled, etc.).
To the maximum extent permitted by law, GM’s liability will not exceed the price of GM’s performance.
Customer’s liability: It is the Customer’s responsibility to use the goods for their intended purpose. In particular, the Customer must follow the instructions concerning the care, maintenance and repair of the goods contained in the relevant instruction manuals that will be delivered along with the goods.
It is the Customer’s responsibility to provide GM with the correct information so that the choice of Goods or the provision of Services under the Contract satisfies the Customer’s needs. GM is not liable for any information or advice provided to the Customer in the event that the data transmitted by the Customer is incorrect or inaccurate. The Customer is encouraged to raise any questions it may have in this regard with GM.
The Customer is responsible for and will indemnify and hold GM harmless against any expense, indemnity, loss, liability or process affecting GM as a result of any third party claims arising from any act, omission, negligence and/or breach of the terms of the Contract or these Terms and Conditions by the Customer.
GM is not liable for breaches of the Contract or these General Terms and Conditions as a result of events beyond its control which could not have been foreseen or, if foreseen, were unavoidable (“force majeure”).
In particular, and without limitation, fires, floods, natural phenomena with catastrophic effects, wars, revolutions, acts of terrorism, riots, strikes and other industrial actions and interruptions to the supply of energy, fuel, transport, equipment and raw materials are deemed to constitute force majeure.
15.- Intellectual and industrial property
All intellectual and industrial property rights associated with the Goods or Services (including, without limitation, trademarks included in the goods and patents, computer programs or technologies underlying the goods or used in their manufacture) are at all times owned by GM or its group companies and are protected by applicable national and international laws and treaties.
Neither the Agreement nor these General Terms and Conditions grant the Customer any right to use the foregoing intellectual and industrial property rights. Furthermore, the use of the goods by the Customer does not imply the transfer or licensing of any rights over the goods.
Any use of such intellectual and industrial property rights by the Customer is expressly prohibited without the prior express authorisation of GM, for which the GM must grant the corresponding licence to the Customer. The Customer holds GM harmless for any damages that may be caused to GM as a result of any infringement of these rights.
The Customer may not assign its rights and obligations under the Agreement or these Terms and Conditions without GM’s prior written consent.
Any notifications or communications between GM and the Customer in connection with this agreement will be made, whenever possible and barring a different procedure established in these Terms and Conditions, by bureau fax, certified e-mail, letter or telegram, with acknowledgement of receipt, or by any other written procedure that allows for proof of receipt and content, to the following addresses:
GM: GENERAL DE MEDICION SL – Calle Montcada, 19, 08130 Santa Perpètua de Mogoda (Barcelona), Spain.
Customer: the address as recorded in GM’s database from time to time, which will be the address last notified by the Customer to GM.
Either party may change its service address by giving prompt and reliable notice to the other party. Notwithstanding the above, in GM’s case it will be sufficient for the new address to be announced in a national daily newspaper and to appear on its website.
Communications delivered by regular post are considered delivered two days after they are sent to destinations on the peninsula (Spain) and seven days after they are sent to any other destination.
In accordance with Personal Data Protection regulations, Organic Law 3/2018 of 5 December on Personal Data Protection and guarantee of digital rights, GM is responsible for a personal data file which includes the personal data collected from Customers and their representatives, the purpose of which is to manage the commercial relationships with them.
GM will also process the data to manage the enquiries it receives from Customers and to send them advertising about its activities, products, services, offers, special promotions and various types of documentation related to goods and services in its sector, which may be sent by different methods.
GM guarantees the confidentiality of the personal data provided and to that end has adopted the security levels required under personal data protection legislation, having installed the technical resources at its disposal to prevent the loss, misuse, alteration, unauthorised access and theft of the personal data provided.
Click on the “Privacy” link on the www.medid.es website to consult the Privacy Policy.
Data subjects may exercise their rights of access, rectification, cancellation or opposition provided for in Organic Law 15/1999. To do so, they must send a letter with their request, referencing the words “Data Protection”, along with a photocopy of their National ID document (or any other form of identification) to the following address: Calle Montcada, 19, 08130 Santa Perpètua de Mogoda (Barcelona).
Data subjects may also send such requests by e-mail to the following address: info@medid.es. Likewise, Customers who do not wish to receive the commercial communications mentioned in the previous paragraphs may tell us so by writing to the same email address.
By accepting these General Terms and Conditions, the Customer consents to the use of “cookies”, i.e. data storage and retrieval devices on the recipients’ computer equipment. Cookies are used on the company’s websites, in particular on www.medid.es, to provide the Customer with better service and an enhanced browsing experience. The “Cookie Policy” link provides clear and precise information about the cookies used by the Company, detailing what a cookie is, what it is used for, what types of cookies we use, for what purpose and how you can configure or disable them if you wish.
GM may modify these Terms and Conditions at any time. In particular, the General Terms and Conditions will be updated by GM when there is a material change in the applicable laws.
Changes made to the General Terms and Conditions will not be effective for new transactions until they have been accepted by the Customer. It will be assumed that the Customer has accepted the General Terms and Conditions when ordering Goods or Services following receipt of the amended General Terms and Conditions. If the Customer does not agree to such modifications, the Customer must refrain from placing new orders for Goods or Services.
20.- Applicable law and jurisdiction
The relationship between GM and the Customer is governed by Spanish common law (Commercial Code, Civil Code, and other national legislation). It is explicitly noted that if the Customer is a foreign entity, the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other supranational laws are expressly excluded. The application of the conflict rules under Spanish law, in particular the rules of renvoi, is also expressly excluded.
Any dispute or controversy that may arise between the parties in relation to these General Terms and Conditions and/or the contracts entered into hereunder will be settled by the courts and tribunals of the city of Barcelona (Spain). The above notwithstanding, GM may, at its discretion, take legal action against the Customer in the courts of the Customer’s domicile. In any case, the mandatory legal provisions on this subject remain unaffected.