Invoicing and payment.
The method of payment is normally 30 days from the invoice date, except where another method of payment has been established in the offer, and when this has been stated on the customer order.
The collection period starts from the delivery date (delivery note date). Other dates will not be accepted, such as the date of installation, or the validation or internal approval date of the instrument by the customer.
Returns of the merchandise are not accepted if there is no breakage or inaccuracy in the supply, in relation to the specifications, quality, scope of supply, or performance of the instrument and consumables as specified in the price quotation or in the brochure. fungible especificados en la oferta económica o en el folleto.
Failed installations attributable to the customer, as well as any failed deliveries for reasons outside the control of Controltecnica, will not hamper the normal course and period of payment of the invoice.
Any additional resource contracts undertaken by the customer for the installation, commissioning of the instrument, or for the validation, calibration or internal approval of the instrument on the part of the customer and/or user, will not affect the normal course and period of payment of the invoice.
Should the customer delay, at their own request, the delivery of the instrument for an excessive period of time, or successively in short-time periods, Controltecnica reserves the right to rescind the purchase contract, and cancel supply. Controltecnica se reserva el derecho a romper el contrato de compraventa, y cancelar el suministro.
Any cost associated with the purchase of the instrument, bioreactive or consumable materials, such as signing an instalment or promissory note, as well as any leasing documentation, will always be at the expense of the buyer or customer.
Freight.
Merchandise sold by Controltecnica is always sent freight-collect, except when agreed otherwise with the customer, and when such conditions appear on the offer.
Likewise, the price does not include any merchandise placement work. Not ‘placing the merchandise or package’ means that it shall not be transported using a lift or freight lift; it will only be deposited at the building reception area, basement, ground floor or general warehouse, and no interior movement within the building is to be performed to place the merchandise in its definitive location, whether that is in another internal warehouse, a laboratory on another floor, or any other location different from the ground floor of the building or its reception area.
The ‘not placing’ condition included in these sales conditions also mean that the equipment will not be unpacked nor placed on top of the laboratory bench.
Damage during transport will not be recognised, except when Controltecnica is notified of those within the first 24 h after delivery, and as long as it has been noted on the delivery note or the carrier’s consignment note.
Scope of supply:
Controltecnica does not carry out any turnkey ‘adjustment of analytical or biological techniques’ for the instruments supplied. Neither is acceptance of the invoice determined by the completion of these activities by our company or third parties.
Controltecnica does not supply its instruments as standard with Factory or Calibration Certificates. If, at delivery, the customer needs to acquire these documents, or their contract and supply, this will not, in any way, stop the normal course of the invoicing process of the main instrument.
Controltecnica does not supply with their instruments as standard, nor do they include in the price, any consumables associated with their use, such as spectrophotometer cuvettes, centrifuge tubes, or pots for heaters.
Controltecnica does not supply with their instruments as standard, nor do they include in the price, any replacement part associated with their use, or which wear as a result of normal use, such as lamps or shock absorbers.
Controltecnica is obliged to supply, with all their instruments, a user Manual, that may be supplied in electronic format or as a paper copy.
Controltecnica is not obliged to, and shall not supply with their instruments, a Technical Support Manual nor a breakdown of parts and components.
Controltecnica does not carry out, as part of their standard instrument supply, and therefore is not included in the supply free of charge, the validation of the instrument, nor their IQ/OQ Qualification. Neither is it included, as part of the supply, any calibration with filters, patterns or traceable material belonging to Controltecnica, the customer and user. Any of these experimental tests can be carried out under independent contract, in which case, they will be outside the instrument contract, and will be invoiced independently, or together if they are part of the purchase contract (customer order).
Guarantee.
The guarantee that Controltecnica includes with all their instruments is for 1 year, as required by Spanish legislation for products outside the sphere of conventional consumption B to C (company to customer), as it is the instrumentation market (B to B or Company to Company). Any period greater than 1 year will be agreed between the customer and Controltecnica, and will be included in Controltecnica’s price quotation.
If the original manufacturer of the instrument supplied by Controltecnica offers a guarantee for longer than 1 year in their catalogues, web or brochures, Controltecnica shall have the authority to take on this extended guarantee or not. In any case, and by default, it is understood that they do not take it on. If it is taken on, the cover only refers to the parts; transport, labour or travel costs are excluded.
The guarantee for our instruments covers manufacturing defects; it does not cover improper use, normal wear of parts or components, nor lack of minimum maintenance or care, normally specified in the user manual supplied with the equipment. Improper use of the instrument, accidents such power surges or spillages, or an inappropriate environment for the use of the instrument, such as high humidity or temperature, extreme pH atmospheres, presence of chlorinated or organochlorinated compounds, proximity to intense sources of light or to electromagnetic radiation sources, radiation, or the presence of machines that frequently turn on and off, installation in places with air currents, abundant human traffic, presence of dust and large variations in daily temperatures, will automatically invalidate the cover of the guarantee.
The cover of the guarantee for the period of 1 year, or more if contracted, under no circumstances implies the carrying out of any annual Preventative Maintenance by Controltecnica, and the day-to-day care and basic maintenance of the equipment remains the responsibility of the customer, in the absence of which any fault or malfunction of the instrument will be the responsibility of the customer and/or user, and the contracted guarantee with Controltecnica will be void.
Any intervention by external personnel on the instrument during the period of the guarantee, such as changing parts or consumables of the instrument for materials that are not original manufacturers parts, or not supplied by Controltecnica, will automatically invalidate the cover of the guarantee. The guarantee cover after a fault or malfunction of the instrument will require inspection by Controltecnica technical support, and verification that no circumstances that would invalidate the guarantee have occurred.
During the guarantee period, any intervention on the instrument will be covered for labour and parts. Controltecnica will determine, in each case, the best way to perform the intervention; on site, on the customer’s premises, or even at the premises of Controltecnica. Under no circumstances does the guarantee cover by Controltecnica imply the replacement or substitution for a new instrument. During the guarantee period, if the instrument has to be sent to Controltecnica, the shipping costs will be borne by the customer.
Installation.
The installation or any explanation regarding the operation or use of the instruments will not be included, except when agreed otherwise with the customer, and provided such conditions are specified in the price quotation. Plug&play units do not require any installation by technical personnel, since sufficient instructions are included for their installation and operation without the need of specialised training. Nevertheless, a telematic service to resolve any queries is provided free of charge to the customers.
There is no testing period for the instrument on the customer’s premises. There is no conditional order either, and Controltecnica does not accept conditions or criteria to justify non acceptance or return of the equipment based on tests carried out by the customer or by third parties on the instrument. There is no guarantee nor promise regarding compliance on site, in the customer's laboratory, with technical data shown in commercial catalogues, manuals or tests carried out in the factory under specific conditions; this data is merely a guide, and not for contractual purposes.
If the installation and/or any explanations regarding the instrument were agreed upon in the offer and order, the installation will be that which was agreed upon in those documents and, unless expressly specified, it will not be spread over various working shifts or working days. Should the customer require any explanations regarding the instrument to be provided to their staff's working groups, such intervention will not be included in the price, and shall need to be contracted as an additional service.
If the installation and/or any instructions regarding the instrument were agreed upon in the offer and order, and the instrument in question required some Pre-requisite installation conditions, such as special supplies for drainage, water, plugs, adequate and sufficient space, Controltecnica will notify the customer in advance of these Pre-requisites. If these conditions are not met the day agreed upon for the installation, any costs arising thereof, such as new travel arrangements for the technical personnel of the company, will be at the customer’s expense. Likewise, the normal course of the instrument purchase invoice process shall remain unaffected by such failed installation.
If, during the installation, the customer and/or the user detect the suitability of materials in addition to the instrument, such as consumables, replacement parts, calibration patterns, certificates, or Validation and Calibration Works, any of which had not been included in the quotation price of Controltecnica and in the subsequent order, the supply of these items and/or services shall be independent of the installation in progress. The instrument installation process, as well as the normal course of the instrument purchase invoicing process, shall not be affected as a result.
Delivery conditions.
Controltecnica will only carry out 1 delivery in the warehouse or laboratory that is indicated on the original order. Any other delivery, partial or complete, of merchandise within the installations of the centre, factory, laboratory or premises of the purchasing customer are not the responsibility of Controltecnica.
Controltecnica will not deliver merchandise to premises that are not the property of the buyer, such as alternative logistic warehouses or similar, nor will they deliver merchandise to a person not identified as an employee of the customer.
If the delivery conditions are logistically complicated (no lifts, door dimensions, etc...) and make delivery impossible, any additional costs to resolve these, as well as any costs related to any removals and returns, will be at the customer’s expense.
Any particular delivery condition, such as contracting and renting jib cranes, load operators, disassembly and re-assembly of the instrument, pallet jacks or similar items not considered in the Controltecnica original quotation price nor in the order accepted by the company, shall require the customer to accept a new offer from Controltecnica, which shall include these new associated costs.
Technical Support.
Controltecnica is responsible for providing technical support during the guarantee period and after the guarantee period for the instruments supplied by them. The only official technical support for the brand is Caltecnica.
Controltecnica undertakes to supply parts for its instruments for a period of time not less than 5 years after the sale of the instrument.
Jurisdiction: Madrid.
If any disagreements that may arise in the interpretation and execution of these conditions cannot be resolved by the parties, they will be submitted, waving their own jurisdiction area if it were their own or if it were another, to the jurisdiction of the Courts and Tribunals of the city of Madrid. This agreement shall be governed by Spanish Law.