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These General Conditions of Sale are part of all the offers and contracts of Ingeniería y desarrollo de máquinas, SL, with CIF: ESB-20868352. From now IDM TEST. No additional acts or conditions shall be recognized unless expressly agreed in writing by IDM TEST. It is considered that, in case of purchase, the buyer or customer accepts these conditions, as he has had prior access to them in our web page, offer format or order confirmation.

1.- Quotations and orders:

1.1. Our quotations are valid for 30 days unless otherwise indicated in writing.

1.2. The prices of the products sold by IDM TEST, are those featured in the quotations and have been negotiated with the buyer.

1.3. The currency of use in all offers is the EURO(s), unless expressly stated in writing in the offers.

1.4. The orders must be made in writing, with reference to one of our coded quotes, signed by those with sufficient authority in their companies to make the orders and accepting the terms of the quote on which the order is based.

1.5. The client’s order will be binding for the client until IDM TEST. fulfils the supply or explicitly rejects the order. Any modification to the order by the client must be preferably made in writing and then accepted by IDM TEST. Verbal agreements which entail modifications to the quote will only be valid if confirmed in writing by IDM TEST.

1.6. The contracts are completed with the order confirmation sent by IDM TEST. including, if applicable, the modifications accepted by IDM TEST. and agreed to by the client. If, for any reason, there were no order confirmation, its acceptance is confirmed upon shipment or when the material is made available.

1.7. The cancellation of the order by the client or the return of the material within 25 days after receiving the material must be in writing and will give rise to the payment of an economic compensation (around 15 to 25% of the order amount).in accordance with the damage caused as a result thereof. As long as the material is in original condition and its original packaging.

2.- Delivery:

2.1. The delivery date agreed with the client will start to be counted once all the goods’ details have been specified.

2.2. The non-fulfilment of the delivery date as the result of causes not attributable to IDM TEST. such as strikes, lockouts, unforeseen events in our facilities or in those of our suppliers, or for any other force majeure reason, will not give rise to the cancellation of the order or the payment of compensation.

2.3. IDM TEST. undertakes to notify any problem occurring during the order supply process. The delivery dates indicated will be considered as an estimate and are unbinding. Under no circumstances will there be resulting economic penalties not agreed to when making the order.

2.4. In any case, the prices are understood to exclude costs related to processing, handling and packaging the amount of which is featured in our prices. Nevertheless, IDM TEST. bears the cost of these costs (€15.00) for supplies which are individually above €100.00, except in the case of special packaging or packaging which is difficult to handle as the result of its characteristics (the corresponding amount of which will be described in the quote), as well as for cash payment orders.

2.5. Our general supply terms are EXW from our facilities on The Street/ Gurutzegi, No16 Pol. Belartza in San Sebastián Guipúzcoa Spain (Ex Works according to INCOTERM 2010). As from this point, the goods are always shipped at the client’s cost and risk, considering that any risk of damage, loss or delay as from the departure point is transferred to the client, even if IDM TEST. has hired and/or paid the transport, always according to your indications (if you would like IDM TEST. to assume responsibility for the shipment, you must indicate this in your order and this concept will be included on the invoice).

2.6. Partial shipments will only be made in the event of express indication by the client and will always be freight collect.

2.7. If the transport has been organised by IDM TEST., the client assumes responsibility for examining the packaging when receiving the product. If the packaging has any kind of deterioration, defect or has visibly suffered an impact, the client must notify this on the haulier’s pick-up slip and will have 24 hours to notify IDM TEST. of this incident.

2.8. The client has 48 hours as from the receipt of the order to verify its condition and to notify IDM TEST. if there is any flaw or deterioration. Once this period has elapsed, it will be considered that the client has accepted the product. If the incident is notified within the aforementioned period, IDM TEST. accepts, at its discretion, the return of the product. The client will return it in its original conditions, in its original packaging, with the return note and delivery note. The return costs might be borne by the client.

If, once this period has elapsed, and the product is accepted, the client proceeds to make a return within the following 15 calendar days, they will be penalised with between 15% and 25% of the product value. Returns will not be allowed as from 15 calendar days after acceptance.

2.9. If there were knowledge that the client’s economic situation is unfavourable and it is confirmed that they are no longer fulfilling their payment commitments, IDM TEST. will have the right to cancel the supply contracts in part or in their entirety, even in the event that there is confirmation of supply.

3.- Prices:

3.1. Our prices are always ex works or warehouse and include packaging unless expressly indicated in the quote or order confirmation.

3.2. Our prices do not include VAT or other taxes unless expressed stated and, in any case, will always be borne by the client.

3.3. The prices of the equipment marked in the quotes with the # symbol are conditioned by the exchange rate.

3.4. Our prices do not include additional services such as Installation and Commissioning unless expressly indicated in the quote or order confirmation.

3.5. In the event that the Commissioning of equipment is subject to a quote, unless otherwise agreed in writing, the unloading, unpacking, stowage, and transport costs of the equipment are expressly borne by the client up to its definitive location, as well any civil work required for its installation.

On the day agreed to for the Commissioning the client must have the equipment placed in its final location, with all the connections and supplies according to the equipment manual and IDM TEST.’s guidelines. In the event of having to be deployed a second time for causes not attributable to IDM TEST., the new intervention will be considered as Technical Support and will be billed at the price established in the price list.

4.- Payment terms:

4.1. Our invoices are to be paid to our registered address according to the terms featured therein.

4.2. The payment will be made according to the terms accepted in our quote, exempt from costs or additional modifications.

4.3. Any suggested modification to the payment terms will be agreed to beforehand by the parties and accepted in writing by IDM TEST. The payment will be net without any discount whatsoever. The costs derived from the financial instruments will be borne by the client.

4.4. Any delay or waiver of the established payment terms, whatever the cause may be, or even in the cases when we have given our conformity, there will be a surcharge for overdue payment with the legally established interest rate.

4.5. In the event of payment delay or default, the totality of the payment obligations contracted by the client, even those represented for purposes which have not yet expired, will immediately be enforceable without previous requirement or any other formality.

4.6. The breach by the client of their payment obligations for the goods will give rise to the cancellation of the contract and of any other pending with said client, as well as the claims for any damages incurred. The same authority will be applied in the cases of payment suspensions, bankruptcy, generalised insolvency or the ceasing of business activities by the client.

4.7. IDM TEST. will maintain the reservation of the right of ownership until the total payment of the goods, regardless of any transaction made by the client.

5.- Warranty:

5.1. Notwithstanding the warranty that may be offered by the manufacturer, IDM TEST., provides the products it sells with a 12-month warranty as from the supply of the products or the Commissioning (if the equipment requires it) and, in any case, a maximum of 13 months as from the supply of the equipment. In the event that equipment is not manufactured by NEURTEK, the warranty offered is limited to the warranty offered by the manufacturer.

5.2. In the event of any breakdown or unusual operation of the product, the buyer, within the warranty period, must suspend operation of the device and notify IDM TEST. as soon as possible.

5.3. IDM TEST., will replace all product parts which have manufacturing or operational faults. The cost of the technical team’s manpower, deployments and expenses, if there were any, will be borne by the client.

5.4. Damage will be considered excluded from the warranty if caused by:

5.4.1. The unsuitability of the equipment location. It is understood that the client decides at all times where and when the equipment is to be installed and put into operation.

5.4.2. Incorrect installation, use, modification or repair by third parties not duly authorised by IDM TEST. or by the actual client, which will give rise to the loss of the warranty and, in any case, it will lose its validity if this intervention is made to vital parts of the equipment.

5.4.3. Any person (except for IDM TEST.) or any other external force.

5.4.4. The unsuitability of the product for a purpose or use other than the one specified.

5.4.5. Any instruction given by the client and undertaken correctly by IDM TEST.

5.4.6. Overloading of the electric voltage.

5.5. Components subject to wear during normal use and parts containing glass are excluded (except when they break during intervention by staff authorised by IDM TEST.).

5.6. Under no circumstances does the warranty cover actual loss or loss of profit which could arise as the result of inactivity, not attributable to IDM TEST., which the buyer assumes they will bear.

5.7. In the event that there is doubt as to whether the breakdown is covered by the warranty or not, IDM TEST., will, beforehand, draw up a repair quote at no cost to the buyer.

5.8. IDM TEST. products and service prices are prepared and negotiated on the basis that its maximum liability is limited. Unless otherwise agreed, responsibility for IDM TEST. never exceed the value of the goods concerned at the time of sale. IDM TEST. It is released from liability above that maximum, even if it has been caused by its own negligence or breach of duty, except in cases of fraud.

6.- Reservation of the Right of Ownership:

6.1. IDM TEST. reserves the right to all the objects supplied to the client whilst their price has not been paid for in its entirety.

6.2. Whilst the Reservation of the Right of Ownership is in force, the client will be able to resell the supplied objects, however will not be able to pledge them or offer them under warranty. If the object were seized with the reservation of the right of ownership in force, the client would have to notify IDM TEST. of this urgently. In this case, the client would have to compensate IDM TEST. with the expenses and costs to be fulfilled to make a claim against third parties.

6.3. The client will not be able to reach agreements with buyers who cancel or compromise our rights.

6.4. If the client were not to pay the product according to the stipulated conditions, the client is obligated (according to the reservation of the right of ownership) to store, separate and mark the goods. In this case, the supplier has the right to recover the goods and the client is obligated to return them.

6.5. The Reservation of the Right of Ownership for the goods supplied does not, under any circumstances, exempt the client from the payment obligation.

7.- Export control:

7.1. The client recognises that the Product may include technology and software subject to laws on the control of exportation in the USA, the European Union and the country where the Product is supplied or used, which must be observed by the client.

7.2. The Product cannot be sold, leased or transferred to end users or countries which are restricted or subject to embargo or users involved in weapons of mass destruction or genocide without the previous consent of the USA or the government of the European Union which is competent.

7.3. The client understands and recognises that the restrictions of the USA and the European Union vary frequently, depending on the product, which is why the client must refer to the regulations in force in the USA and the European Union in each case.

8.- Applicable Law and Competent Jurisdiction:

8.1.- The contractual relations between IDM and the Client, object of the present GTC will be governed solely by Spanish Law, with exclusion of any other type of norm that could be applicable.

8.2.- For the resolution of all litigious matters derived from the contractual relations object of the GTC, IDM and the Client submit themselves, with express waiver of any other jurisdiction that may correspond to them, to the exclusive jurisdiction of the Courts of the city of San Sebastian (Guipuzcoa).