GENERAL TERMS AND CONDITIONS OF SALE
ACCEPTANCE OF GOODS
Mar Kiel S.L. shall only be liable for the vices or defects of the goods in the cases established in these general conditions of sale. The signature, without reservation, of the delivery note implies the express acceptance of the goods purchased. The buyer must examine the goods within a non-extendable period of 24 hours, as Mar Kiel S.L. shall not be liable for any claims made for defects detected in the goods after the aforementioned period has elapsed.
The buyer shall bear the costs of transport and other costs of delivery of the goods. The signature of the delivery note by the purchaser implies the waiver of any claims in relation to possible delays in delivery.
If, on the instructions of the Buyer, the goods are delivered to the premises of a third party, the Buyer shall give prior written notice thereof by e-mail or similar means. The delivery note must be signed and stamped by the purchaser or by the third party designated by him.
DEFECTS IN GOODS
Mar Kiel S.L. shall be exclusively liable for any defects that existed in the goods at the time the contract was concluded under the conditions stipulated in these general terms and conditions and on the delivery note. In no case shall the seller be liable for defects which become apparent in the goods once they have been handled or processed by the buyer, and the buyer shall have to prove that the conditions suitable for the preservation of the goods have been respected.
Any defects in the condition of the products and/or their packaging must be noted on the delivery note. Defects that could not have been detected at the time of delivery must be reported to the seller within 24 hours of delivery. In the case of frozen goods, the above time limit shall be 48 hours.
ANALYSIS OF GOODS
The goods supplied by Mar Kiel S.L. are subject to a strict quality control plan and examination of the traceability of its products, in compliance with the regional and state regulations in force regarding the protection of food quality. By signing the delivery note, the buyer assures that he is aware of the existence of the quality control plan and the traceability of Mar Kiel S.L. products.
On delivery of the goods, after signing the collection document, samples shall be taken in the presence of the buyer and seller, and a sample shall be sealed and sent to the laboratory on the next working day following receipt of the goods, in case a counter-analysis is necessary. If the buyer deems it appropriate to submit the goods to any analysis, he must use the samples taken in the presence of the seller and must carry out the analysis within seven calendar days, and must inform the seller within this period.
If the results of the analysis show any defect in the goods, the Buyer shall immediately inform the Seller, enclosing a copy of the results of the analysis. Mar Kiel S.L. shall not be liable for any possible defects that may exist in the event that the results are communicated more than 48 hours after the delivery of the results.
If the seller is not satisfied with the results, the goods shall be subjected to a counter-analysis by an independent expert, using the sealed samples taken at the time of delivery. The expert will be provided with the results of the analyses carried out by both parties. The costs of the counter-analysis shall be paid by the party to whom the results are prejudicial.
Mar Kiel S.L. shall not be liable for defects in the goods which they could not have known about according to the state of the art, which do not arise from their activity or, in general, which they could not have foreseen.
If any claim is accepted, MAR KIEL, S.L. will issue a credit note for the amount corresponding to the defective goods. This amount shall be reimbursed within a maximum of thirty days. The purchaser may not, under any circumstances, deduct any amount from the amounts owed to MAR KIEL, S.L. without the said credit note.
Mar Kiel, S.L.’s sales of goods are commercial contracts governed by these general conditions of sale, the provisions of the delivery note and, where not provided for in the same, by the Commercial Code.
For the resolution of any legal dispute arising from the interpretation and/or fulfilment of the purchase contract, the parties, waiving any other general or special jurisdiction that may correspond to them, submit to the Courts and Tribunals of Villagarcía de Arosa, Pontevedra.