Sales and equipment supplies (hereinafter, the “Supplies”) to be made by Green Corporate Energy, S.L. (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. For this reason, they lack value, for all purposes, any other conditions that have not been expressly accepted by the Seller.
To execute the satisfaction guarantee, the presentation by the final client of the following documentation, as well as the acceptance by means of a rubric of its commitment and veracity of all data and documents provided, will be an indispensable requirement:
2.1.- The client commits to provide the last 24 invoices of the supply.
2.2- The customer commits himself by means of this affidavit that in the last 12 months he has not made any acquisition of electrical devices, and if he had made them he declares them and provides the data relative to his consumptions according to the manufacturer, time of use, and any circumstances of special relevance requested by the technical department of the Seller for the objective realization of the savings check.
2.3.- The client undertakes that in the event that the savings report made by the Seller has been positive and verifiable based on the reliable data and engineering analysis, and even if he insists that he does not want to continue with the Supply, you can request the withdrawal of the same accepting a charge of € 240.00 (+ VAT) for installation costs and subsequent uninstallation of Supply + € 60.00 (+ VAT) for expenses for conducting savings study energy before and after the assembly of the appliance, the total sum of these concepts being € 300.00 (+ VAT). In these cases the client will sign the installer official to uninstall the Supply an acceptance document of uninstallation in which it will be clearly reflected that the uninstallation of this Supply is requested for personal reasons and not for malfunctioning of it, will be delivered together with the document the savings report made by the Seller and the costs derived from this uninstallation will be either paid in cash or by bank transfer made 24 hours before the uninstallation, or discounted from the already paid installments of the withdrawn Supply.
2.4.- The documentation requested by the Seller is vital for the correct performance of the analysis of the installed Supply, the non-contribution of the same will be interpreted as an obstruction in the work of our engineering department and will lead the Seller to conclude the Verification of savings as positive due to lack of reliable data provided by the client.
3. Formalization of orders and scope of supply
3.1.- The scope of the Supply must be clearly specified in the Buyer’s order. To be considered effective, the order must receive an express acceptance by the Seller.
The prices indicated in the offer are understood for the payment terms specified therein. If these payment conditions were modified, the prices of the offer would be revised.
5. Payment conditions
5.1 The offer of the Seller or, in the event that there is no such, the order of the Buyer accepted by the Seller, shall include the terms of payment of the Supply. Pre-specified payment conditions may also be used within the framework of a continuous commercial relationship agreement between the Buyer and the Seller.
Said payment conditions must comply with the provisions of Law 15/2010, of July 5, amending Law 3/2004, of December 29, which establishes measures to combat late payment in commercial transactions, without exceeding in any case the terms established in it.
5.2 Payment will be made under the agreed conditions, without any deduction such as non-agreed withholdings, discounts, expenses, taxes or fees, or any other deduction.
5.3 If, for reasons beyond the control of the Seller, the delivery, assembly or start-up or receipt of the Supply is delayed, the conditions and terms of contractual payment will be maintained.
5.4 In case of delay in payments by the Buyer, the Buyer will have to pay the Seller, without any requirement and from the due date of the payment, the late payment interest delayed, which will be calculated in accordance with the provisions of the Article 7 of Law 3/2004, of December 29. The payment of these interests will not release the Buyer from the obligation to make the rest of the payments under the agreed conditions.
5.5 In the event that the Buyer incurs delays in the agreed payments, without any justified reason, the Seller may remove the installed equipment.
5.6 The formulation of a claim by the Buyer does not entitle the Buyer to any suspension or deduction in the payments committed.
5.7 The equipment and materials that are the subject of the order shall be supplied under reservation of title in favor of the Seller, until full compliance with the payment obligations of the Buyer, the latter being obliged to cooperate and adopt whatever measures are necessary or convenient and those proposed by the Seller to safeguard your property on said equipment and materials.
6. Deposits and testing of supplies
In special circumstances and under express authorization, the Seller will be authorized to offer the supply as proof or deposit; The property remains in the hands of the Seller during said period, according to the conditions and requirements specified in the specific document delivered to this effect to the buyer.
7. Term and conditions of installation
The term of installation once contracted the supply will adjust to the normalized parameters of the Seller, this can vary according to various geographical parameters, production times, logistics operations, etc., but not exceeding this period of thirty calendar days from the date of hiring of the supply.
8. Applicable law Submission to Jurisdiction and Competition.
These Conditions will be governed and interpreted in accordance with Spanish laws.
The parties expressly waive any other jurisdiction that may correspond to them and submit themselves to the jurisdiction and competence of the Courts and Tribunals of Madrid.