TERMS AND CONDITIONS
1. General Terms and Conditions
These General Terms and Conditions are applicable to all products and services provided by Union Tecnológica Noxium S.L. (Noxium). Other conditions may apply if they have been previously agreed in writing.
2. Quotes and Orders
2.1. Valitidy of the Quote: All Quotes provided by Noxium are valid for 30 calendar days from the day they are sent.
2.2. Order Confirmation: Every order received by Noxium constitutes a binding commitment to purchase a Noxium product. Noxium accepts this order by sending the goods. Noxium reserves the right to accept an order and/or fulfill the order partially due to lack of stock or any other commercial reason. Noxium will inform the customer if the product requested in the order is not available (partially or totally).
• Orders and these General terms can be modified and replaced by ‘particular conditions’ explicitly indicated in the Client’s order acceptance, or by mutual agreement between both parties.
2.3. Order Acceptance, cancellation and returns: Orders accepted by Noxium are considered binding commercial sale contracts. Hence, they can not be cancelled by either party without justification, nor can the buyer return the goods without Noxium’s consent.
2.4.Payment Period: The buyer commits to pay Noxium for its products or services within 30 days from the date when the products or services are received. It is possible to agree upon a different set of payment conditions, but these must always comply with Ley 3/2004, annexes to it or future ones that replace it.
3.1. Price setting: Applicable prices will always be outlined in the order acceptance sent by Noxium.
3.2.Price changes and contract withdrawal: Prices set in the order accepted by the customer are not subject to change unless one of the following conditions occur:
• In the case of imported goods, where taxes, stamp duty and other costs vary in such a way that prices increase in more than 30% of the original estimation.
•It needs to be taken into consideration that Noxium products are based on materias with fluctuating value (gold, platinum, copper and other semi-precious metals).
The delivery period will be best endevours. If there are delays in the delivery of goods where Noxium is not responsible, Noxium will not be responsible for the caused damage to the customer. Delivery time is defined as that moment when Noxium advises the customer that goods are ready for collection from the point of delivery.
Invoices will be issued when goods are dispatched at the latest. Noxium will reserve the right to deliver the goods in batches, issuing a partial invoices towards a single order.
Noxium will dispatch the relevant delivery note together with the goods. Customers must check and approve such delivery note and send back to Noxium, including any comments they may have.
All Noxium goods belong to Noxium until they have been fully paid.
7.1. Warranty period: Noxium warrantees that any breakdown and manufacturing defects will be fixed or the product replaced if it occurs within 24 months from the delivery of the product. Those faulty devices will be sen to Noxium. Once repaired or replaced, they will be sent back to the customer.
7.2. Exclussion of Warranty: The previous warranty excludes any other warranty or responsibility that may occur. Noxium’s responsibility is limitted to the free repair or replacement of the de faulty devices. Only customers are entitled to this warranty, not being extensive to any thirds party. This warranty does not cover damages caused by wear and tear, incorrect installation or adjustments, dirt, inadequate transport, misuse, negligence or accident.
• Customers must contact Noxium in order to invoke the right to warranty.
• Under no circumstances will Noxium compensate any indemnity, direct or indirect, caused by a possible malfunctioning of the goods. In any case, the maximum value that Noxium would compensate equates to the goods total invoice value.
7.3. Warrantee validity period: Warranty is only valid for those goods acquired directly from Noxium or its official distributors.
• Warranty is not applicable to faults caused by external elements, connexion errors, incorrect installation, harsh environmental conditions beyond those described in the user manual, or handling by external staff (Not Noxium).
•Warranty does not cover repair or replacement of those devices in which seals, labels an other warranty elements have been strained.