The responsibility of Aymar SAU is strictly limited to the loss and direct damage of the sent material recorded in the albara. All other types of loss or damage (such as, merely enunciatively, cessant profit, loss of interest and future business) are excluded, regardless of whether this loss or damage is indirect or of special consideration, or even if Aymar SAU had been warned about the risk of such loss or damage before or after the acceptance of the Envoy.
The Recipient has the obligation to receive the goods on the given day and time, as well as to store the material in the appropriate conditions for its preservation. Aymar SAU does not take responsibility for the damage caused by inadequate storage after discharge.
Delivery to the Recipient is understood at street level, and does not include additional means ( cranes, pulleys, uploaders, etc.), nor assistant staff, which will be on behalf of the customer. If other means are needed to manipulate goods, they will be considered as an exception to the service and the billing of the amounts corresponding to the work carried out will be increased.
Aymar SAU will deliver the material in conditions suitable for transportation and with the required documentation.
Aymar SAU will not take responsibility for the possible damage caused by negligence during the unloading of goods at the destination.
According to Royal Decree 256/2016, of 10 June, which approves the Instruction for the Reception of cements, at the time of delivery of the goods, in the case of cements packaged, it will be noted that the packaging does not show evidence of having been subjected to an inadequate transport or storage that may have affected the cement in the indicated sense.
Aymar SAU will always seek to deliver the material in optimal conditions. If, for reasons other than the company, the transport did not arrive in the expected conditions, and in case the material has any defect that would make it doubtful whether it was suitable for the intended specific use, the controller will have to communicate the incidence to AYMAR SAU at the time of receipt and in writing to the email address aymar.aymarsa.The recipient will have to make his or her reservations mandatory in writing to the porter by describing in general the incidence at the time of delivery and indicating it in the relevant document whether albara, letter from Porte or CMR.
In the event of postponing acceptance of the supply and deciding to carry out trials, the person responsible for the receipt will be able to take the record of this circumstance in which he justifies the reason for this decision and will also immediately report his written decision to AYMAR SAU via the e-mail mentioned.
When no reserves are formulated, it will be presumed, with the opposite proof, that the goods were delivered in the state described in the port letter or albara.
All complaints must be sent in writing to AYMAR SAU and received by him within fifteen (15) days from the date when AYMAR SAU accepted the Envoy, failing which AYMAR SAU will be exempted from liability.
The price of the Aymar SAU shipment is calculated based on the distance, weight, quantity and frequency of the shipment. This price will be agreed between the Recipient and Aymar SAU prior to delivery. A review of the price of road transport will be possible on a regular basis, depending on the variation in the price of diesel and, unless there is a pact against it, the increases will be automatically applied.
Submissions will be carried out by full truck, with the Recipient in charge of the corresponding supplement if the cargo is not completed.
Additional charges such as waiting times, crane downloads, or fines for not asking for permission to cut streets in works will be charged to the Recipient.
Aymar SAU will make every reasonable effort to deliver the Envoy in accordance with AYMAR SAU's normal transit times, but these transit times are not guaranteed or part of the contract. AYMAR SAU is in no way held responsible for losses or damage caused by delays.
Aymar SAU is not responsible for losses or damages arising from circumstances beyond his control These circumstances include, but are not limited to "Major Force"—e.g. earthquakes, hurricanes, storms, floods, fog, wars, accidents, strikes or civil shock, trade union actions.
Any controversy arising or related to these Terms and Conditions will be subject to Spanish jurisdiction and governed equally by Spanish legislation. The recipient irrevocably submits to the aforementioned jurisdiction, and establishes as the sole competent court for claims the Court of Granollers.
If any of the clauses or part of them were null or ineffective, the rest of the Terms and Conditions not affected by nullity or inefficiency will remain.
By hiring the services of Aymar SAU, you, as 'Recipient', agree, on your behalf and on behalf of anyone interested in the Sending, that the Terms and Conditions will apply from the moment Aymar SAU accepts the dispatch, except according to the contrary in writing signed by an authorised employee of Aymar SAU. "Sent" means all materials traveling under the cover of an Albarà and that can be transported by means of which Aymar SAU chooses, including road transport or through another carrier. These Terms and Conditions will apply to any document produced by Aymar SAU's automated systems that will have Albarà considered for all purposes. Each Submission is transported in accordance with a limited liability in accordance with that contract. If the sender requires greater protection, he or she will have to agree on an insurance scheme with an insurance company independent of his choice, paying an additional price.
The use of AYMAR SAU services means that the current conditions and current tariffs are accepted