1.1 The services, repairs, assemblies, works, installations and works (hereinafter, the Services) to be executed by ADVANCED RESEARCH & CONSULTING FOR POWER ELECTRICAL SYSTEM HISPANIA. (hereinafter, the Seller), will be governed by these General Conditions of Sale, except in everything that is expressly agreed differently in the corresponding offer or in the acceptance of the order and that constitutes the particular conditions of the same. Therefore, for all purposes, any other conditions that have not been expressly accepted by the Seller have no value.
1.2 It will be considered that these General Conditions have been communicated to the Buyer from the moment in which the latter is informed of the web page where they are found or receives an offer from the Seller accompanied by these Conditions. Alternatively, they will be considered communicated if the Buyer previously received them in the course of its business relationship with the Seller; considering in all these cases accepted by the Buyer, for all purposes, when placing your order.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual and/or industrial property of the offer, in all its terms, and the information attached to it, as well as that of the technical documentation, engineering information, procedures, plans, drawings, “software”, etc., incorporated or related to the provision of the Services, belongs to the Seller or its suppliers, for which its use by the Buyer for purposes other than the completion of the order, as well as its total or partial copy or transfer of use to favor of third parties, without the prior written consent of the Seller.
3. FORMALIZATION AND SCOPE OF SERVICES
3.1 The scope of the Services shall be clearly specified in the Buyer’s order. To be considered effective, the order must receive an express acceptance by the Seller.
3.2 The scope of provision includes only the Services that are the object of the order. Any other Service, work or activity not explicitly included in the Buyer’s order accepted by the Seller and that is necessary, directly or indirectly, for the execution of the Services, will be for the account and obligation of the Buyer. In section 6: “Preparatory work. Work, services and supplies not contracted. Permits and authorizations”, provisions are included in this regard.
3.3 The modifications and/or variations of the scope, terms or other terms of an order that may be proposed by one of the parties, must be notified to the other party, always in writing, and, in order to be valid, they must be accepted by said party. . They will also be considered as modifications and/or variations those caused by changes in the legislation, regulations and applicable regulations that occur after the date of presentation of the corresponding offer; if such modifications and/or variations come to impose additional or more onerous obligations on the Seller, the Seller shall be entitled to an equitable adjustment of the contractual terms that fully reflects the consequences of the new or modified law or regulation.
4.1 The prices of the Services, both for personnel and for the use of auxiliary equipment, transport material, consumables, etc., are based on unit rates. The unit rates, which will be attached as an annex to the Seller’s offer, are net and do not include VAT or any Tax or fee, which will be subsequently charged to the invoice at the corresponding rates.
4.2 In the event that a number of hours has been estimated for the different activities that make up the Services, it is indicated that this number of hours is indicative, billing the hours actually performed.
4.3 The prices indicated in the offer are understood for the payment conditions specified in it. If these payment conditions are modified, the prices of the offer will be revised.
4.4 Once the order has been accepted by the Seller, the prices of the Services will be considered fixed and not subject to revision. However, a price revision will be applicable when:
a.It has been expressly agreed between the Buyer and the Seller.
b. The term of execution of the Services or the acceptance of the same has been delayed, for reasons directly or indirectly attributable to the Buyer.
c.The scope of the Services has been modified at the request of the Buyer.
d.The prices have been quoted in a currency other than the EURO, to the extent that it has experienced a parity variation with respect to the EURO from the date of the order to the contractual billing dates of each milestone.
e. The Buyer has unilaterally suspended the execution of the Services that are the object of the order.
5. PAYMENT CONDITIONS
5.1 Unless otherwise agreed, the amount of the Services will be invoiced at the end of the month, in proportion to the work carried out. Payments will be made in accordance with the provisions of Law 15/2010, of July 5, modifying Law 3/2004, of December 29, which establishes measures to combat late payment in commercial operations, without exceed in any case the maximum terms established therein. In the absence of another agreement, the payment term will be thirty (30) days from the date of termination of the billing period.