GENERAL CONTRACT CONDITIONS

 

All deliveries made by ZUCAMI POULTRY EQUIPMENT, SLU are exclusively regulated by the following general sale conditions. Any term or condition established by the buyer which contrasts with the following conditions and is not expressly signed by us is null and void. Current Spanish legislation applies for anything not expressly provided for, including merchandise sold abroad.

 

VALIDITY OF THE GENERAL CONTRACT CONDITIONS (CGC)

These conditions will apply for all Zucami Poultry Equipment, SLU contracts.

Any customer's CGC that contradict our CGC will not be binding.

Likewise, these CGC will apply even when Zucami provides services knowing that the customer's conditions are contradictory, even if Zucami does not expressly oppose them. Any additional obligations assumed by Zucami will not be prejudicial to the validity of these sale conditions.

OFFERS

No offer is binding.

An offer is considered accepted only after confirmation in writing by us with full specification of all the technical and commercial details.

The indications of our catalogues, brochures and price lists are not binding; we therefore reserve the right to make any changes that may improve our products and/or change the corresponding prices.

ORDERS

The sales contract is understood as binding for both parties from the date our order confirmation is issued. The delivery exclusively includes the products and services specified in our order confirmation under our general sale conditions.

PRICES

The contractual prices are those indicated in our order confirmations. The prices are understood as ex-works, excluding any tax, unless specifically agreed. ZUCAMI POULTRY EQUIPMENT, SLU reserves the right to optionally change the prices at the time of delivery, if there have been significant increases in the cost of labour and/or raw materials. If the difference in price is greater than 5%, the customer may cancel the order.

DELIVERY TIMES

The delivery times indicated in the Order Confirmation are purely indicative and will be observed as far as possible. Any claim for compensation by the customer for possible delays will not be accepted by ZUCAMI POULTRY EQUIPMENT, SLU; which is released from any obligation related to delivery terms in the following cases: (a) When the buyer does not observe established payment terms; (b) In the case of force majeure or events such as a lockout, strike, epidemic, war, embargo, fire, flood, work accidents, interruptions or transportation delays; (c) When the buyer is under obligation to deliver the necessary data and/or materials to the seller in time to execute the delivery and it fails to do so.

DELIVERIES

The delivery is understood to be carried out when the buyer is given verbal or written communication that the merchandise is ready for collection or when it is delivered to the carrier. Once the delivery is made, all risks related to the material sold transfer to the buyer. In the absence of particular instructions, the delivery is always made by the means we consider most appropriate at the responsibility of the buyer. Losses, delays and damage of the material during the delivery will not be imputed to ZUCAMI POULTRY EQUIPMENT, SLU. If sent by our vehicles, this is understood as collect on delivery and under the full responsibility of the buyer.

If the transfer of merchandise ready for collection is delayed for any reason not attributable to ZUCAMI POULTRY EQUIPMENT, SLU, after 10 days from the communication of merchandise ready for collection, it may pack, transport or store the goods at the buyer's expense and issue a normal invoice for the sale of the material.

PAYMENT

Payments must be made within the agreed deadline in euros at the ZUCAMI POULTRY EQUIPMENT, SLU headquarters according to the agreed conditions. If there is a delay in payment, ZUCAMI POULTRY EQUIPMENT, SLU will have the right to charge “default interest” of 4% above the EURIBOR 3-month reference index.

Any lack or delay in payment authorises ZUCAMI POULTRY EQUIPMENT, SLU to immediately suspend deliveries of further material, in addition to the cancellation of any order without the purchaser being entitled to any claim for any reason.

Any claim or protest does not entitle the buyer to suspend payments. Any advances given are without gain.

All payments must necessarily be made by the buyer through bank current account drafts in its name to the current accounts of ZUCAMI POULTRY EQUIPMENT, SLU and/or, in all cases, via adequate means to guarantee their entire location with respect to the regulations in force, with a specific indication of the terms identifying the invoice to which they refer and the contract under which it was issued.

If some payments to be made always and exclusively by bank drafts are made by a company other than the current contracting party, the latter must inform ZUCAMI POULTRY EQUIPMENT, SLU in writing beforehand of this circumstance, and provide the complete data of the company making the payments (company name, legal headquarters, tax code, VAT number, names, civil registration data and addresses of the directors’ and partners’ residences), including delivery of the updated registration certificate in the corresponding Chamber of Commerce, the current account number with which the invoices will be paid and the contract under which they are issued, in addition to the express justification and legal motivation for this request, with all the clarifications on the legal and commercial relationships existing between the obligated company and the one to make the payment; It is assumed that ZUCAMI POULTRY EQUIPMENT, SLU, regardless of any different valuation, will be always be entitled not to accept payment from a company other than the original party.

Payment will only be considered to be made when the amount in full is paid into the Zucami bank account.

It is expressly agreed that lack of observation of the aforementioned terms will result in the termination of the right of this contract.

- except for any assessment previously made by the parties regarding the seriousness and importance of the breach;

- without any act of constitution in default, and establishing any action and liability for the compensation of all damages.

If the customer has pending payments or there are other serious indications that endanger the payment, Zucami will be authorised, subject to other broader rights, to demand immediate payment for the deliveries already made, and to decide if demands for payment in advance or payment at the time of delivery will be made for future deliveries.

The customer will not be authorised to compensate between credits and amounts paid to Zucami, unless the customer's consideration is justified in its own right, has become firm, has been acknowledged in writing by Zucami or is undisputed.

PACKAGING

In the absence of specific indications for this, the best possible packaging will be prepared, where necessary, while declining all responsibility for this.

CLAIMS

Any claims or objections by the buyer about the product delivered must be given in writing to the seller within 10 days of the merchandise receipt date.

GUARANTEE

ZUCAMI POULTRY EQUIPMENT, SLU guarantees the products sold for 1 year from the delivery period.

The guarantee is limited to repair or replacement free of charge by our establishment of the defective parts, due to the material or by proven manufacture.

The parts replaced will become our property.

Any other compensation is excluded; direct and/or indirect damages of any nature and type as well as the momentarily suspended use of the purchased goods cannot be contested.

The guarantee excludes materials and parts subject to natural wear or deterioration (for example, oil seals or leaks caused by normal wear and tear).

The guarantee will become null and void for products not used in accordance with the instructions or which are modified, repaired or partially disassembled in any way; or stored, installed or not lubricated appropriately. The guarantee also excludes defects or malfunctions caused by external components or their improper installation.

Control of the compatibility of the applications, accuracy of the mechanical couplings and electrical connections with respect to the features of the ZUCAMI POULTRY EQUIPMENT, SLU products indicated in the catalogues, is the exclusive property and responsibility of the buyer.

RESPONSIBILITY FOR DAMAGES

The responsibility of ZUCAMI POULTRY EQUIPMENT, SLU is strictly limited to the aforementioned obligations and it therefore agrees not to assume any responsibility for the damages due to accidents of any nature that may occur during the use of the products sold, whether these are considered defective or not, and also in the cases when the choice of the application was advised by personnel of the commercial organisation, ZUCAMI POULTRY EQUIPMENT, SLU. During the use of ZUCAMI POULTRY EQUIPMENT, SLU materials, the user must, at all times, under his/her own exclusive responsibility, act with the utmost diligence and apply safety devices in accordance with the directives, standards and technical rules applicable and suitable to limit the damages to people and/or things due to their possible defects.

PLACE OF COMPLIANCE AND COMPETENT COURT

The location for compliance for both parties is the supplier's headquarters. The competent court for any litigation due directly or indirectly to the contractual relationship - even in the case of actions for exchange processes or for lack of payment - is therefore that of the judicial authority for PAMPLONA (NAVARRE, SPAIN), where the selling company has its headquarters. In the relationship between the parties, Spanish law is exclusively valid and the UN purchase right (Vienna Convention) will not apply.

PROPERTY TRANSFER

The transfer of ownership of the goods subject to the sale will be made only after full payment of the established price. Until the cancellation of this debt, the buyer must keep the object of the delivery that he will keep with the diligence of a good family father.

Terms to specifically check:

1) offers;

2) orders;

3) prices;

4) delivery terms;

5) deliveries;

6) payments;

7) packaging;

8) claims;

9) guarantee;

10) liability for damages;

11) place of compliance and competent court;

12) transfer of ownership of the property.

 

WARNING

The data and technical information included in this document replace data in any previous document. All technical data in this document can be modified without prior notice. Illustrations are for guidance only. The aforementioned data and information are available at www.zucami.com; the technical documentation available on the website must be periodically consulted to be aware of any delays in services or features contributing to the product.

This company has received a Grant from the Government of Navarra under the 2016 Announcement
for investment aids in large industrial companies

ZUCAMI POULTRY EQUIPMENT, S.L. has been granted with a financial aid for its Research and Development Project named ‘Development of a new nesting system for ecological farms’. The Centre for the Development of Industrial Technology (CDTI) manages this financial aid that is co-funded by the European Regional Development Funds 2014 - 2020.
The main objective of the project is to cover the important and growing market of ecological poultry farming with own technology which provide the best features to customers.