1. GENERAL. Surtidora Industrial Regiomontana SA de CV (SIRSA) ("Seller") and the buyer ("Buyer") of the materials, services, products and products manufactured by the Seller in accordance with the Buyer's specifications (collectively, the "provision of services "), pursuant to a purchase order placed by the Buyer with the Seller (the" Order "), whose Order may be placed by hard copy or electronic transmission, you agree that the following general terms and conditions (the" Terms ") will apply to such purchase of Products. The terms and order are referred to herein, collectively, as the "Agreement."
2. UNIQUE TERMS.
The Agreement is expressly conditioned on the Buyer's acceptance of these Terms, and any Order accepted by the Seller is accepted with the sole understanding that the Buyer accepts these terms, regardless of the form of the Buyer's Order. To the extent that these terms accompany an offer or constitute an offer, Buyer's acceptance of such offer is expressly limited to the terms set forth in this document, and not others. No additional terms, deviations or differences from these Terms will become part of the Agreement, unless such additional, deviated or different terms are expressly accepted in a written agreement signed by an authorized agent of Seller. Acceptance by the Buyer of any Product supplied by or on behalf of the Seller shall be, without limitation, acceptance of these Terms. If the Buyer is to submit subsequent Orders for additional Goods, such additional Orders will be subject to the terms and conditions included in this document.
3. CONFLICTS.
To the extent that any term or condition contained in the Order conflicts with the express provisions of these Terms, the provisions contained in these Terms will govern and control the Agreement.
4. LICENSE
Surtidora Industrial Mexicana (SIRSA) through its website grants a license for users to use the products that are sold on this website in accordance with the Terms and Conditions described in this document.
5. INTELLECTUAL PROPERTY
The USER acknowledges that the ownership and exploitation of any concepts, improvements, copyrights, trademarks, trade names, designs, inventions, discoveries, articles, programs, systems or creative works that they could conceive or put into practice and others that are related to the service in need of the user are and will continue to be the sole and exclusive property of the SIRSA OPERATOR and / or its Subsidiaries, as well as the right to exploit the patent or the corresponding rights. The USER accepts that these Terms and Conditions do not grant any type of copyright or intellectual property on the service requested by the buyer or any other intellectual property right of the OPERATOR of Sirsa or its Subsidiaries, and undertakes not to use the service requested for any purpose other than that for which the service was requested.
You cannot declare intellectual or exclusive property to any of our products, modified or unmodified. All products are the property of the content providers. Unless otherwise specified, our products are provided without warranty of any kind, express or implied.
The USER may not copy, reproduce, replicate, publish, distribute, modify, create derivative works, license, sell, transfer, show, transmit, compile or collect in a database, or in any way commercially exploit any part of the content of SIRSA, either in whole or in part.
In no event will this company be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses resulting from the use or inability to use our products.
6. Trademarks, logos and patents
All product brands, logos and any other company signs that appear on this Site are the property of SIRSA and / or its associated, affiliated or contracting companies, or of the grantors of their authorization for use. Access to this Site does not grant the User any rights over the patents, trademarks and logos owned by SIRSA or authorized to SIRSA.
SIRSA does not grant the User nor does it grant him any license or right over the information or graphic material contained in the Site, nor over any other intellectual property right of SIRSA.
7. PAYMENT PRICE.
to. Unless otherwise stated in the Order, all prices quoted are FOB. Seller's facility. The prices quoted are subject to an increase, without prior notice, in an amount equal to any additional costs incurred by the Seller as a result of (i) alterations in the specifications, quantities, designs or delivery schedules; (ii) increases in fuel, energy, materials, or labor costs; (iii) foreign or national legislation enacted by any level of government.
b. The listed prices of the Goods do not include any taxes, use taxes, indirect taxes or other taxes, duties or charges now or in the future imposed by any federal, state, local or foreign governmental authority. Buyer hereby agrees to pay or fully refund Seller the full amount of such taxes or other charges.
c. The Seller will deliver the invoices to the Buyer immediately. Unless otherwise indicated in the Order, payment for the Goods will be payable to the Seller in the currency agreed upon at the Seller's office in Monterrey, Nuevo León, no more than fifteen (15) days after the Buyer receives a Valid and correct invoice or as agreed in the purchase order. To the extent that there is a dispute over the accuracy of an invoice, the Buyer must notify the Seller within five (5) days of receipt of such an invoice, and the Buyer and the Seller use good faith efforts to correct said invoice; provided that the Buyer has not objected, it is considered an acceptance of the invoice and a timely payment will be required in accordance with this.
8. REFUND AND GUARANTEE POLICY
In the case of products that are irrevocable non-tangible merchandise, we do not issue refunds after the product is shipped, you have the responsibility to understand before buying. We ask that you read carefully before purchasing. We only make exceptions to this rule when the description does not match the product. There are some products that may have a guarantee and possibility of reimbursement, but this will be specified when purchasing the product. In such cases the warranty will only cover factory faults and will only be effective when the product has been used correctly. The warranty does not cover breakdowns or damage caused by improper use. The warranty terms are associated with manufacturing and operating faults under normal product conditions and these terms will only be effective if the equipment has been used correctly. This includes:
- According to the technical specifications indicated for each product.
- In environmental conditions in accordance with the specifications indicated by the manufacturer.
- In specific use for the function with which it was designed at the factory.
Seller warrants to Buyer that the Goods will (i) be manufactured in accordance with Buyer's design and specifications as stipulated in the Order, unless otherwise stated, (ii) will conform to customary industry tolerances and (iii) will be free from defects in material and workmanship at the time of shipment and for a period of one (1) year from the date said Goods or services are delivered. THE FOREGOING WARRANTY EXPRESSLY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. HOWEVER, THE ABOVE MENTIONED, THE SELLER DOES NOT GUARANTEE THE GOODS SOLD BY THE SELLER, BUT NOT MANUFACTURED BY THE SELLER, AND THE ABOVE WARRANTY DOES NOT APPLY TO GOODS THAT HAVE BEEN MADE CORRECTLY BY THE DEALER, BY THE INCORRECT DEALER. PRADOR OR THAT HAVE BEEN SUBMITTED INCORRECT USE, MIS OPERATION, INCORRECT APPLICATION, USE OUT OF ITS PURPOSE, NEGLIGENCE, ACCIDENT, IMPROPER INSTALLATION, MODIFICATION OR NORMAL WEAR. THIS LIMITED WARRANTY IS EFFECTIVE SOLELY FOR THE BENEFIT OF THE ORIGINAL PURCHASER.
b. In the event of a breach of any of the warranties set forth in Section 12 (a) above, the Seller, at the Seller's option, will (i) repair or replace the requested Goods or Service at Seller's expense, or (ii) refund the price. purchase or provide the Buyer with a reasonable allocation thereof.
c. Any warranty claim with respect to the provision of services shall be deemed waived by the Buyer unless such claim is submitted in writing to the Seller no later than (i) thirty (30) days after the date of delivery of the service. , any claimed breach of the foregoing warranty, or (ii) except with respect to the warranty set forth in Section 12 (a) (iii) above, ninety (90) days after the date of delivery. Any cause of action for breach of this Section 12 shall be filed within one (1) year from the earliest date on which said breach was discovered or should have been discovered. d. Buyer's remedies hereunder shall constitute Buyer's exclusive remedies for Seller's breach of any warranty with respect to the provision of services.
9. USE OF NON-CONFIDENTIAL OR INDIVIDUAL INFORMATION
Through the use of the Portal, the User authorizes Quiero Casa to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential or non-individual information, in terms of what is established in article 109 of the Federal Law of the Rights of Author and of section I, of article 76 bis of the Federal Consumer Protection Law.
10. NO WAIVER.
Failure by Seller to enforce the provisions of this Agreement shall in no way be construed as a waiver of such provisions, nor shall it in any way affect Seller's right to apply such provisions. No waiver by Seller of any default by Buyer under this Agreement shall constitute a waiver of any subsequent default, whether the subsequent default is of a similar or different nature.
11. LIMITATION OF LIABILITY
THE SELLER'S LIABILITY FOR ANY CLAIM, DAMAGE, LOSS OR LIABILITY DERIVED FROM OR RELATED TO THE OPERATION OF AN ORDER PLACED BELOW MAY NOT EXCEED THE PURCHASE PRICE OF THE GOODS SOLD ACCORDING TO SUCH ORDER AT THE PLACE OF ORDER AT THE PLACE OF ORDER AT THE PLACE OF ORDER. IN NO EVENT SHALL THE SELLER BE LIABLE TO THE BUYER OR THE BUYER'S AFFILIATES, EMPLOYEES, REPRESENTATIVES, CUSTOMERS OR AGENTS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANY LOSS OR LOSS WORK COSTS, RESULTING FROM THE USE OR INABILITY TO USE THE GOODS, FROM THE INCORPORATION OF THE PRODUCTS TO OR COMPONENTS OF ANOTHER PRODUCT, FROM ANY BREACH OF THIS AGREEMENT, OR ANY OTHER CAUSE, WHETHER IS BASED ON A WARRANTY (EXPRESS OR IMPLIED) , CONTRACT, TORT (INCLUDING STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF ANY ADVICE OR REPRESENTATION THAT THE SELLER MAY HAVE PRESENTED IN RELATION TO THE GOODS.
12. CONFIDENTIALITY.
Except as expressly stated otherwise in this Section 9, all sweepstakes, technical data, design information, specifications and other information provided by Seller ("Seller Information") to Buyer in connection with an Order will be used solely with the in order to enter into this Agreement, and for no other use. Buyer agrees not to copy and not disclose any Seller Information to any third party without Seller's express written consent, and to deliver all documents containing Seller Information (including all copies) to Seller upon completion of this Agreement. or whenever the Seller requests the Buyer to do so (whichever occurs first). The obligations in this paragraph will remain in effect after the termination or expiration of this Agreement. The confidentiality obligations and use restrictions contained in this Section 15 shall not apply to information that the Buyer can demonstrate (a) has been published in the future or is available to the general public without any obligation of confidentiality without breaching the obligation. of the buyer. obligations hereunder; or (b) was already in Buyer's legal possession without any restrictions on use or disclosure.
13. APPLICABLE LAW; CONFLICT RESOLUTION.
This Contract and any dispute that arises hereunder shall be governed and interpreted in accordance with the laws of the State of Nuevo León, Mexico, specifically the Commercial Code and in substitution for the Civil Code of the same State, regardless of its conflicts of legal principles. . The parties expressly waive all rights under the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with the Agreement will be resolved under the Arbitration Rules of the International Chamber of Commerce ("ICC") by one or more arbitrators appointed in accordance with said Rules. The arbitrator must be: (i) mutually agreed upon by the parties within fifteen (15) days after receipt of the written notice from the party requesting arbitration; or (ii) upon failure of such an agreement, selected under the expedited rules of the ICC. The parties will divide equally the cost of the arbitrator and the hearing equally, and each party will be responsible for its own expenses and those of its attorneys and representatives. Evidence of the financial position or organizational composition of the parties, any offer made in the agreement, or the details of any negotiation of the conflict prior to arbitration, and the cost to the parties of their representatives and legal advisors will not be allowed. Discovery will be allowed and the scope of any required discovery shall not be more restrictive than that provided in the Federal Rules of Civil Procedure. The arbitrator's determination will be made within thirty (30) days after the arbitration.
14. ASSIGNMENT.
The Buyer may not assign, transfer or delegate this Agreement to any third party, by law or otherwise, without the prior written consent of the Seller.
15. SEVERABILITY.
If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable for any reason or, the remainder of this Agreement will continue in full force and effect.
16. MODIFICATIONS.
SURTIDORA INDUSTRIAL REGIOMONTANA will have the right to modify the Terms and Conditions of Use and Privacy at any time. Consequently, the User must carefully read the Terms and Conditions of Use and Privacy each time they intend to request a service.