Effective date: April 3, 2023
In case of conflict, these Sample Product Terms prevail over the General Terms & Conditions of Sale.
These General Terms & Conditions of Sale (“T&C”) apply to all quotations, offers, and contracts for the sale and delivery of hardware products, including sample, evaluation, or test products (“Products”), by Wisk-it, registered as Bond Connect España S.L., with registered office at Calle República Argentina, 14, 06005 Badajoz, Spain, CIF B56787120 (“Seller”), to customers acting in the course of their professional or commercial activities (“Customer”).
These T&C apply exclusively to transactions between businesses acting in the course of their professional or commercial activities.
Any deviating or additional terms proposed by the Customer shall apply only if expressly accepted in writing by the Seller.
2.1. All quotations are non-binding unless expressly stated otherwise and are valid for 30 days from the date of issue.
2.2. A contract is concluded only upon written acceptance of the quotation by the Customer and receipt of full payment, or upon delivery of the Products, whichever occurs first.
2.3. The Seller reserves the right to refuse any order without obligation to state reasons.
3.1. Products sold as samples, evaluation units, test units, or pilot units (“Sample Products”) are supplied solely for professional evaluation or testing purposes.
3.2. Sample Products are non-refundable and non-returnable, unless expressly agreed in writing.
3.3. Sample Products may differ from final production units in appearance, performance, or specifications.
3.4. The Customer acknowledges that the purchase of Sample Products does not create any obligation for the Seller to supply production units or enter into a future commercial agreement.
4.1. All prices are stated in EUR, exclusive of VAT, shipping costs, customs duties, and any other applicable taxes or charges, unless explicitly stated otherwise.
4.2. Prices for Sample Products reflect handling, preparation, and logistics costs and are non-refundable, regardless of subsequent purchasing decisions.
5.1. Full payment in advance is required for all orders, unless otherwise expressly agreed in writing by the Seller.
5.2. The Seller shall not ship or deliver any Products until full payment has been received.
5.3. Payment shall be made in accordance with the payment instructions stated on the invoice.
5.4. If payment is not received within the stated period, the Seller may suspend or cancel the order without liability.
6.1. Products are shipped by the Seller to the delivery address specified by the Customer.
6.2. Delivery dates are estimates only and not binding unless expressly agreed in writing.
6.3. Any delivery timelines commence only after receipt of full payment.
6.4. Delays in delivery do not entitle the Customer to cancel the order or claim damages.
6.5. Partial deliveries are permitted.
7.1. Risk of loss or damage to the Products passes to the Customer upon delivery.
7.2. Ownership of the Products remains with the Seller until full payment of all amounts due has been received.
8.1. The Customer shall inspect the Products immediately upon delivery.
8.2. Any visible defects or shortages must be reported in writing within 5 working days of delivery.
8.3. Failure to notify within this period constitutes acceptance of the Products.
9.1. Sample Products are provided “as is”, unless otherwise expressly agreed in writing.
9.2. To the maximum extent permitted by law, no warranty applies to Sample Products, including fitness for a particular purpose.
9.3. For non-sample Products, the warranty period is 12 months from delivery, unless mandatory law provides otherwise.
9.4. The Seller’s sole warranty obligation shall be, at its discretion, repair or replacement of defective Products.
10.1. Any return of Products requires prior written authorization from the Seller.
10.2. Sample Products are non-returnable and non-refundable.
10.3. Custom-made or special-order Products are non-returnable.
10.4. Unauthorized returns may be rejected and returned at the Customer’s expense.
11.1. The Seller shall only be liable for damages caused by gross negligence or willful misconduct.
11.2. The Seller shall not be liable for indirect or consequential damages, including loss of profit, business interruption, or loss of data.
11.3. The Seller’s total liability shall be limited to the net invoice value of the Products giving rise to the claim.
11.4. No liability shall arise from the use, testing, or evaluation of Sample Products.
The Seller shall not be liable for failure or delay in performance due to events beyond its reasonable control, including supply chain disruptions, transport delays, or acts of government.
All intellectual property rights relating to the Products, documentation, and materials remain the exclusive property of the Seller or its licensors.
14.1. These T&C are governed by the laws of Spain, excluding conflict-of-law rules.
14.2. The courts of Badajoz, Spain, shall have exclusive jurisdiction.
These Terms & Conditions are drafted in English, which the parties acknowledge and accept as the governing language.
If any provision of these T&C is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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