Terms and Conditions

By purchasing products from our store, you agree to these terms and conditions. Please read them carefully.

GENERAL TERMS AND CONDITIONS OF SALE

1) SCOPE OF APPLICATION.

These general terms and conditions of sale (GTCS) are applicable to all sales and/or supplies made by Kalfrisa to its customers. These GTCS, along with the specific terms and conditions contained in the order confirmation or contract constitute the entire agreement between the Buyer and Kalfrisa.

2) OFFERS AND ORDERS.

Information on prices, quantities and delivery times sent by Kalfrisa as well as descriptive specifications, drawings, details of weights, dimensions and performances shall be understood to be for informative purposes, non-binding and may be varied for commercial or technical reasons. Information shall only be considered binding once the order confirmation has been signed by the Buyer. All orders placed by the Buyer are subject to approval and are not be binding until Kalfrisa has given its express confirmation in the order confirmation document. Under no circumstances shall the Buyer be able to cancel the order once Kalfrisa has accepted it. Any cancellation of an order is considered a breach of contract and Kalfrisa shall be entitled to require its fulfilment or settlement with compensation for the damages that it may have been caused by the said breach. Kalfrisa reserves the right to cancel orders pending delivery when the Buyer is in total or partial breach of any obligation or previous contract with Kalfrisa.

2) TERMS OF EXECUTION AND DELIVERY.

Kalfrisa shall execute orders in accordance with the technical and material specifications established in the order confirmation and in accordance with the specifications provided by the Buyer. Any modification that the Buyer requests must be explicitly accepted by Kalfrisa. If there is a delay in delivery of the equipment due to causes attributable to the Buyer, the latter must carry out all the agreed payments as if the delivery has taken place. Kalfrisa can store the products at the Buyer’s own risk and expense and the Buyer shall be obliged to pay storage and handling costs.

4) PRICES AND PAYMENT TERMS.

In the absence of a written agreement, the price applied will be the net price ex Works and will not include packaging, transport or any other costs and taxes levied on the sale of the products or services. The Buyer shall be responsible for making the arrangements and paying the cost of obtaining any necessary official permits for operating the equipment supplied by Kalfrisa. The final price shall be that applicable on the date of acceptance of the order or contract, indicated on the order confirmation or contract signed by the parties. All deliveries are subject to the Seller’s commercial risks policy. Payment of the equipment, spare parts or provision of services shall be made in the agreed time and form and the costs resulting from the chosen payment system shall be for the account of the Buyer. In the absence of agreement, products shall be paid by transfer to the current account indicated by Kalfrisa, no later than 30 calendar days from the corresponding invoice date. The Buyer shall not be able to offset expenses or retain payments without Kalfrisa’s consent. Non-fulfilment of any payment or not taking charge of goods on the scheduled date shall entitle Kalfrisa to claim for the damages caused. In the event that the Buyer does not abide by agreed payment times, Kalfrisa may demand interest on arrears at the rate it has established in general for such cases.

5) RETENTION OF TITLE.

Notwithstanding their delivery and transfer of risk to the Buyer, the products handed over by Kalfrisa shall become the Buyer’s property when the latter has paid all of the amounts and commercial debts resulting from the supply.

6) WARRANTIES.

Kalfrisa’s supply is guaranteed in the form and manner indicated below: Materials and Manufacture: Guaranteed against any defect for a period of twelve (12) months from shipment date of the equipment, with the following limitations:

  • a) It excludes corrosion of materials except when otherwise specified in the offer.
  • b) It excludes elements that are subject to wear and tear and consumables whose average life may be less than the warranty period, in particular: Probes and thermocouples, burner consumables, fuel injectors, diffusers, filters, sealing material that covers loading and inspection doors.
  • c) Damage and defects caused by lack of or inadequate maintenance, use of inadequate liquids or gases, defective mounting, variations in the quality of the electrical supply, installations or modifications carried out without the approval of Kalfrisa and, in general, any cause not attributable to the latter.
  • d) Products that are the subject of a claim can only be returned with Kalfrisa’s express consent.
  • e) In the case of heat exchange equipment, the Buyer must prove that the damage has occurred in spite of having abided by the design conditions and working instructions that Kalfrisa provided. For this purpose, the Buyer must provide original documents with the records of the necessary flows and temperatures from which it is possible to deduce the working conditions to which the equipment in question has been subjected. The date of the start-up of the equipment must also be provided.
  • f) In the case of heat exchange equipment, the warranty shall be null and void if the equipment operates in other conditions or with a different fuel to that specified in the offer; if the limit values defined by Kalfrisa for pressures, temperatures and flows of either of the two circuits are not respected; if the composition of the fluids for the primary/secondary circuit contains substances that are erosive and/or corrosive, not previously specified in the offer and if there is unburned fuel in the combustion gases that gives rise to post-combustions.

Operation: the warranty period is twelve (12) months from start-up, maximum fifteen (15) months from the goods being shipped or being made available, with the following limitations:

  • a) Provided that operation is according to the specifications laid down in the offer and provided that the initial technical data given by the Buyer and used for the calculation and design of the equipment, are complied with.
  • b) In the case of materials not included in Kalfrisa’s supply, the operation warranty will be applicable provided that the process engineering, assembly and start-up have been carried out by Kalfrisa technicians.
  • c) The relevant operating tests should be carried out under the supervision of a Kalfrisa technician and should be performed fully within the three (3) months following start-up. The costs involved in performing the said tests will be for the Buyer’s account.

The aforementioned warranties constitute the only warranties provided by Kalfrisa and exclude any other type of explicit or implicit warranty. This warranty shall not, under any circumstances, be able to be applied to the costs, production losses, loss of profits, accidents (including fire and explosions) or material or personal consequences that may be caused by defects in our materials. The Buyer must send Kalfrisa written notification of any defect in materials or in the operation of equipment immediately after detection. Notification of defects does not entitle the customer to suspend or delay fulfilment of his obligations, in particular, payment obligations. Notwithstanding the aforementioned, Kalfrisa shall be entitled to investigate any claim and to require the Buyer to provide such evidence as it deems necessary. If, as a result of the investigation it is shown that there is no defect or that it is not Kalfrisa’s responsibility, Kalfrisa shall be entitled to be reimbursed by the Buyer for the costs incurred as a result of the claim.

7)ACCEPTANCE OF THE FACILITIES.

The Buyer’s acceptance of the equipment and services in the offer represents his conformity that all of the elements supplied by Kalfrisa are in accordance with the specifications of the offer and that they operate in accordance with the conditions specified in the offer. Acceptance of the facilities shall take place no longer than thirty (30) calendar days after completion of assembly. In the event that start-up is delayed for causes that are not attributable to Kalfrisa, the facilities shall be delivered in a Ready For Start-Up state, and all the required costs for materials and labour shall be for the customer’s account. Acceptance cannot be rejected due to effects arising from the normal functioning of the facilities or if the Buyer does not handle the equipment with reasonable caution or according to the initial technical specifications provided for the design of the facilities.

8) LIABILITY.

Kalfrisa’s liability arising from the contract, including liability for delayed delivery or non-delivery or for defects in the products delivered shall be limited to, and under no circumstances shall exceed, 10% of the supply, excluding taxes, customs duties, insurance premiums and any other costs other than the goods themselves. Under no circumstances shall compensations for loss of earnings, business losses, indirect of consequential damages, including damages due to stoppage of the activities of the Buyer’s company, be included.

9) JURISDICTION.

The parties, with waiver to their own jurisdiction, expressly submit to the Judges and Courts of Zaragoza.