EXTRAICE SL GENERAL RENTAL CONDITIONS
THESE WILL ALWAYS PREVAIL OVER THE CUSTOMER’S GENERAL PURCHASING CONDITIONS
Lessor: Extraice, S.L., with registered office at Calle Extremadura 2, 41909, Salteras, Seville, Spain, registered in the Commercial Registry of Seville in Volume 3,797, Folio 41, Page SE-54668, 1st entry and bearing Spanish Tax Identification Code ESB91295212.
Customer/Lessee: The natural person or legal entity who places an order with the Lessor or signs a contract with the Lessor for the delivery of goods or provision of services.
Goods/Products: The items, materials, supplies and/or services to be manufactured and/or supplied by the Lessor.
2.1. The Customer shall send the Lessor the orders for Products in writing, specifying the type of Products, quantity and date of delivery requested.
2.2. The order must be accepted by the Lessor so that the agreement to rent the Products is understood to be finalised and binding. The Lessor shall inform the Customer of the acceptance of the order within a maximum of 10 days after receipt of the order. Once an order has been accepted by the Lessor, the Customer may not cancel it in whole or in part unless he reaches an agreement with the Lessor on the conditions for the total or partial cancellation of the order.
2.3. The Lessor has no obligation to accept any order and therefore reserves the right to refuse it without any liability whatsoever arising in consequence.
Delivery, Transport and Packaging Conditions
- The date of delivery and pickup determined or expressly accepted by the Lessor shall be an essential condition and may not be changed by the Customer unless expressly agreed in writing, and all Goods shall be delivered to the address of the Lessee specified in the contract or order, as applicable.
- Product delivery times shall be understood to be estimated or approximate time frames, and in no case shall they be considered concrete. Therefore, the Lessor shall not be liable to the Customer for any delays in the delivery of the goods. In any case, the Lessor shall endeavour to meet and supply the Product orders within the time limits agreed with the Customer, provided that its resources and production capacities allow it to do so.
- All Goods shall be delivered in accordance with the Lessor’s instructions, in accordance with the Incoterms 2010 rules in force and agreed upon with the Customer in the rental purchase agreement or order. The shipment will be made by the route chosen by the Lessor and all expenses caused by packaging, identification signs or change of routes not in compliance will be borne by the Customer.
- The risk, the responsibility for the transport and the insurance on the Goods is regulated by the Incoterms 2010 agreed upon by the parties.
- Temporary ownership of the Goods shall pass to the Lessee upon delivery of the Goods provided that the Lessee has paid the sums due in respect of the rental of the Goods in full to the Lessor, including delivery charges and any other charges agreed upon or payable by the Customer.
Use of leased assets
The LESSEE shall operate at its own expense and assume all risks arising from use, the rink and its accessories so that the LESSOR shall not be entitled to any economic outcome arising from such use and shall not be liable in any way for any obligations arising from it.
Sub-leasing of the rink is prohibited without the express authorisation of the LESSOR.
5.1. The rental prices of the Goods shall be those set out in the Lessor’s offers and rates as communicated to the Customer. The corresponding taxes, in particular Value Added Tax (VAT), must be added to these prices.
5.2. The prices shall be understood to include everything that the Lessor must provide or make for the delivery of the Products in accordance with these General Conditions.
5.3. The Lessor may change the rental prices of the Products at any time. The increase in the rental price will not affect orders for Products in progress which have been previously accepted.
5.4. In the event of total or partial non-payment of the price of the Goods, the amount due and unpaid shall accrue interest on arrears without the need for any notice of termination or notice from the Lessor. Furthermore, the Lessor shall be entitled to suspend or cancel outstanding deliveries of Products to the Customer until the order for which payment is due and payable is paid, or to require advance payment for any new order.
6.1 The Customer shall pay the price for each order of the Products by bank transfer before sending the goods.
6.2 The formulation of a claim by the Lessee does not entitle the Lessee to any suspension or deduction in the promised payments.
Intellectual and Industrial Property and Compensation for Rights Claims
- The intellectual and/or industrial property of the Products, in all their terms, and the information attached to them, and that of the elements, plans, drawings, software, etc., incorporated or related to them belong to the Lessor, and therefore their use by the Lessee for purposes other than the completion of the order, as well as their total or partial copying or transfer of use to third parties without the Lessor’s prior written consent is expressly prohibited.
- The Lessor may provide the name of the Lessee as part of its business references.
- Upon arrival of the goods, both parties will confirm receipt prior to installation.
- Similarly, once the goods have been loaded onto the means of transport provided by the LESSOR, the corresponding return will be confirmed.
- In the time between receipt and return, the leased goods will be the sole responsibility of the LESSEE who is obliged to use and maintain them properly. The LESSEE shall return the goods to the LESSOR in as good condition and repair as when they were delivered, subject to the ordinary wear and tear resulting from their use by the LESSEE.
- Furthermore, the LESSEE must have all the insurance policies (including insurance for damage to persons, goods and civil liability), licences and authorisations necessary for the provision of the service intended.
- The LESSEE shall be responsible for the installation and subsequent dismantling of the rink and its accessories and shall carry it out with his own means under the supervision of someone authorised by the LESSOR. Assembly/disassembly personnel are NOT included in the price unless specified in the order detail.
- The LESSEE may not assemble or disassemble the track without the supervision of someone authorised by the LESSOR.
- Once the assembly has been completed, the customer must provide a place nearby to store the surplus material: pallets, skate boxes, tools and material for disassembly.
- The surface where the rink will be installed must be smooth and flat, otherwise it will be necessary to add a technical platform / floor to the budget which is appropriate to the project.
- The assembly site must be accessible for the unloading of the material (transported in trailer trucks of up to 17 tons). If it is not accessible, the customer will be responsible for the extra costs of loading/unloading and transporting the material to the assembly/disassembly site.
- In addition to access, an authorised parking area must be provided for the trailer carrying the material during assembly/disassembly.
- The means of loading/unloading the material are NOT included unless they are indicated in the itemization of the estimate. A forklift with a load capacity of more than 2,500 kg will be required for unloading, which can be provided by the customer or request a price to be quoted separately.
- The security of the rented facility will be the responsibility of the customer from the assembly to the disassembly of the rink.
- The customer must have a place to safely store skates and accessories with an electrical outlet for the skate grinder. We can add a wooden shed as long as we have stock available.
- The Customer is solely responsible for the choice of the Product to be rented, as well as the use or function for which it is intended. The Lessor shall not be liable for or guarantee that the Product is suitable for the technical applications intended by the Customer or for achieving, in whole or in part, the objectives envisaged by the Customer when purchasing the Products. The Customer shall not be entitled to return the Products and claim the price paid.
- The Lessor’s liability for damages caused by defects in the Products is excluded, except where it is expressly required to do so by the applicable mandatory law. Furthermore, the Lessor shall not be liable for any incidental, indirect or consequential loss or damage, loss of profit or production, or risk of development of the Products.
- The Customer shall be solely responsible and shall exonerate the Lessor where appropriate of any damage caused to its own employees or to third parties as a result of improper use, storage, preservation, handling or processing of the Products; in particular, but not limited to, when the Customer has not observed the indications, warnings or instructions that the Lessor may have given in this respect.
- The Lessor will not be responsible in any case to third parties for causes beyond its control, including the Customer’s failure to comply with the regulations applicable to the products. The Customer shall hold the Lessor harmless against any claims, damages and/or losses arising, directly or indirectly, from the breach of the obligations assumed by the former under its contractual relationship.
Return of materials. Claims.
9.1 Under no circumstances shall the Lessor accept returns without prior agreement with the Lessee and the Lessor’s signature and delivery of the return authorisation document.
In any case, the Lessee’s claims against the Lessor must be made in writing and in a reliable manner.
9.2 The Lessor shall not accept returns of materials that have been unsealed from their original packaging, used, mounted on other equipment or installations, or subject to disassembly by anyone other than the Lessor.
9.3 Unless expressly agreed otherwise, the Lessor shall not accept returns of products designed or manufactured specifically for the order.
- The Parties shall use all data, information and know-how of whatever kind which is received from the other Party solely for the execution of the contract signed. The Customer is obliged to observe absolute confidentiality regarding the data, information and know-how and shall never make reference to them, disclose them, expose them, publicise them or publish them by any means, spoken or written, or publish any point related to the contract without the prior permission of the Lessor.
- The provisions of the previous points will be in force for a period of 4 years after the execution or termination of the contract.
Processing of personal data
- In accordance with Regulation 679/2016/EC of the European Parliament and of the Council of 27 April 2016 (“GDPR“), as well as the applicable national regulations on data protection, the Lessor informs the Customer that by signing the contract he authorises the Lessor to process the personal data arising directly from the contractual relationship established between the two parties. Consequently, the Lessor undertakes to: (i) to use the data to which it has access in accordance with the data protection regulations in force and exclusively to comply with the obligations under the contract, and (ii) not to communicate such personal data to third parties unless legally obliged to do so.
- Likewise, and for the purposes of the regulations in force on the protection of personal data, the Customer is recognised as having the possibility of exercising his rights of access, rectification, suppression, limitation, opposition, as well as the right to the portability of his data and not to be the object of automated decisions, by means of a request addressed to the Lessor’s registered office. Finally, in the event that the Customer wishes to have more information about his rights regarding data protection or needs to make a complaint, he may contact the Spanish Data Protection Agency with address at Calle Jorge Juan, 6, 28001, Madrid in order to safeguard his rights.
Non-Valid Nature of Prior Documents and Subsequent Variations
This contract constitutes the entire agreement between the parties and supersedes all documents, statements of intent, meeting minutes and guarantees that may have been made by or on behalf of each party not expressly included in this contract or order.
No modification, revision or extension of the terms herein shall be binding on the Lessee unless written by an authorized representative of the Lessee and approved in writing by the Lessee.
The Lessor reserves the right to assign the rights and obligations arising from these General Rental Conditions to third parties and to modify their contents with due publicity and at any time.
The Lessor declares respect for society and for the individual, and that he works to implement policies that promote health, safety and care for the environment, firmly committed to the defence of environmental issues, convinced that it is not possible to develop quality business work without a rigorous commitment to protecting the environment around us.
Applicable Law and Conflicts
Unless otherwise agreed in writing, any agreement between the Lessor and the Customer shall be governed by Spanish law, and any dispute or conflict between the two parties shall be arbitrated by the Courts of Seville (Spain).
Expenses and Taxes
All expenses and taxes arising from the execution, fulfilment or termination of this contract shall be borne by the Customer.