TERMS AND CONDITIONS
In compliance with the provisions of the Federal Law on the Protection of Personal Data Held by Individuals and the NOM - NMX-COE-001-SCFI-2018, REFACCIONES NEUMÁTICAS LA PAZ, S.A. DE C.V. (hereinafter RNP), with address located for the purposes of this in: Manzana C, Lote 1, Parque Industrial, Matehuala, S.L.P. CP 78760, This document (hereinafter the "Contract") explains the terms and conditions to which you will be subject derived from the use of our website, so please read the information carefully and carefully.
By accessing, consulting or using the Website, the user agrees to comply with the terms and conditions established in this Agreement. In the event that you do not agree to be bound by these terms and conditions, you may not access or use the WEBSITE. RNP reserves the right to update this Agreement whenever it deems appropriate. Consequently, we recommend the User to periodically review the modifications made to the Contract.
In case of not accepting in an absolute and complete way the terms and conditions of this agreement, the user must refrain from accessing, using and observing the website "RNPSA.COM"
The mere use of said Internet page grants the general public the condition of user (hereinafter referred to as the "user" or "users") and implies the acceptance, full and unconditional of each and every one of the general and particular conditions included in these Terms and Conditions of Use published by RNPSA.COM at the moment in which the user accesses the website.
A) By virtue of the conclusion of this agreement, RNP grants and grants the user the non-exclusive, revocable and non-transferable right to view and use the website RNPSA.COM in accordance with the Terms and Conditions of Use stipulated herein. For the purposes of this contract, the parties agree that "User" means any person of any nature who enters the website RNPSA.COM and / or any of the subpages that display its content and / or the person of any nature who registers and / or uses any of the services offered through said page.
B) The user may only print and / or copy any information contained or published on the website RNPSA.COM exclusively for personal use, so the commercial use of said information is expressly and strictly prohibited. In case of being a legal entity, it will be subject to the provisions of article 386, section XIV of the Federal Law on the Protection of Industrial Property.
C) The reprint, publication, distribution, assignment, sublicense, sale, electronic reproduction or by other means, partial or total, of any information, document or graphic that appears on the website RNPSA.COM, for any use other than non-commercial personnel is expressly prohibited to the user, unless he has the prior written authorization of RNP.
III.RULES FOR THE USE OF THE "RNPSA.COM" WEBSITE.
The user and RNP agree that the use of the website RNPSA.COM will be subject to the following rules:
1. Information contained in the website RNPSA.COM: The user acknowledges and accepts that the information published or contained in said site will be clearly identified in such a way that it is recognized that it comes from and has been generated by RNP or by its suppliers or affiliates.
2. However, the information, concepts and opinions published on such site do not necessarily reflect the position of RNP, nor of its employees, officers, directors, shareholders, licensees and/or licensors. For this reason, RNP is not responsible for any of the information, opinions and concepts that are issued on the aforementioned website. Likewise, RNP is not responsible for the information contained in the Internet page, including the subpages, with the understanding that the use and monitoring of the same is at the risk and responsibility of the user.
3. RNP reserves the right to block access to or remove in whole or in part any information, communication or material that in its sole judgment may result: i) abusive, defamatory or obscene; (ii) fraudulent, contrived or misleading; iii) violates copyright, trademarks, confidentiality, trade secrets or any intellectual property right of a third party; (iv) offensive or; v) that in any way contravenes the provisions of this convention. If the user wishes to obtain more information on a specific topic provided by RNP, he must consult directly with them, as appropriate, and / or with a specialist in the field.
4. The user acknowledges that RNP previously controls the content available on the website. For this reason, it has editorial control over the content, information and / or material generated and / or provided by third parties.
Users acknowledge that, by providing the personal information required in any of the services provided on this website, they grant RNP the authorization indicated in article 109 of the Federal Copyright Law, as well as in the "Privacy Notice" available in the website. In all cases, users will be held accountable for the veracity of the information provided to RNP. Likewise, for the provision of the services offered through the RNPSA.COM site, the user also undertakes to accept the terms and conditions stipulated for this purpose by the technological means implemented on the site itself.
RNP, the website RNPSA.COM, its logos and all material appearing on said site, are trademarks, domain names, commercial notices and trade names owned by RNP and are protected by international treaties and applicable laws on industrial property and copyright.
The copyright on the content, organization, compilation, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published on the website RNPSA.COM are duly protected and licensed in favor of RNP, its affiliates, suppliers and / or their respective owners, in accordance with the applicable legislation on intellectual and industrial property.
The user is expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or in general any indication that refers to the ownership of the information contained in the indicated site.
In the event that the user transmits to RNP any information, programs, applications, software or in general any material that requires to be licensed through the website RNPSA.COM, the user hereby grants RNP a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display them, and publicly perform them.
The provisions of the previous paragraph shall also apply to any other information that the user sends or transmits to RNP, including, without limitation, ideas to renew or improve the website RNPSA.COM, whether these have been included in any space of the page indicated or by virtue of other means or modes of transmission known or that are developed in the future.
Therefore, the user expressly waives with this act to carry out any action, demand or legal claim against RNP, for any current or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the user himself sends to the website RNPSA.COM.
The user acknowledges and accepts that the advertising material available on the site WEB RNPSA.COM and / or subsites that are displayed is and is part of RNP. Likewise, you acknowledge and accept with this act that this material is protected by the laws that are applicable in the field of intellectual and industrial property.
VII.DENIAL OF GUARANTEES FOR THE USE OF THE WEBSITE.
The user agrees that the use of the website RNPSA.COM is done at his own risk and that the services and products provided therein are provided on an "as is" and "as available" basis. RNP does not guarantee that the indicated page satisfies the requirements of the user or that the services offered therein will not suffer interruptions, are safe or are free of errors.
RNP does not warrant or endorse in any way the truthfulness, accuracy, legality, morality or any other characteristic of the content of the material posted on the website RNPSA.COM.
RNP disclaims any responsibility and conditions, both express and implied, in relation to the services and information contained or available on or through this website; including, without limitation:
a) The availability of use of the website RNPSA.COM.
b) The absence of viruses, errors, deactivators or any other contaminating material or with destructive functions in the information or programs available on or through this page or in general any failure on said site.
c) However, with the above, RNP may update the content of the page constantly, so the user is asked to take into account that some information advertised or contained in or through this website may have become obsolete and / or contain inaccuracies or typographical or spelling errors.
VIII. LIABILITY LIMITS.
To the maximum extent permitted by applicable law, RNP shall in no event be liable for any direct, special, incidental, indirect, or consequential damages arising out of or relating to:
a) The use or execution of the website RNPSA.COM, with the delay or unavailability of use of the same
b) The provision or lack thereof of services of any information or graphics contained or published on or through the indicated site.
c) The updating or lack of updating of the information.
d) The alteration or modification, total or partial, of the information after having been included in said site.
e) Any other aspect or characteristic of the information contained or published on the website or through the links that may be included in this site.
f) The supply or lack of supply that derive from the other services.
All the above assumptions will be in force, even in cases where RNP has been notified or warned about the possibility that such damages will be caused.
RNP reserves the right to modify the Terms and Conditions of Use of this agreement at any time, such modifications being effective immediately by:
a) The publication on the website RNPSA.COM of the amended convention.
b) Notification to the user about such modifications.
In this way, the user agrees to review said agreement periodically in order to keep abreast of such modifications. However, the foregoing, each time the user accesses the indicated site will be considered as an absolute acceptance of the modifications of this agreement.
X. TERMS AND CONDITIONS FOR PURCHASES.
1. PRICES. The prices quoted are in USD (US Dollars). Prices are subject to change in case of modifications that are not under the control of RNP such as tariffs, exchange rate, taxes, closure of borders, ports or customs, and others of a similar nature.
2.1 The client undertakes to pay this quote in full by electronic transfer to the account indicated by RNP, at the time of confirming its acceptance, unless otherwise agreed between both parties.
2.2 In case of late payment, the customer will pay a default interest of 15% (fifteen) for each month elapsed.
3.1 The Customer accepts that the delivery is made by delivery service company available in Matehuala, S.L.P., Mexico.
3.2 Delivery and times as indicated in quotation.
3.3 If for any reason the SEAL OF GUARANTEE is found to be violated, the Customer shall not receive the product and shall inform RNP for its prompt attention. The SEAL OF GUARANTEE is an adhesive tape that is used to protect that the packaging of the PRODUCTS is not opened, which can be read, including but not limited to: "FRAGILE. IN CASE OF BEING VIOLATED OR OPEN FAVOR OF NOT RECEIVING", in addition to containing the logo and trademarks of RNP.
4. CLAIMS. Any claim must be expressed at the time of receipt of the products in the RNP warehouse, so, if there is no disagreement in the merchandise, it will be considered received in quantity and quality.
5.CANCELLATIONS. RNP will retain as compensation for administrative expenses 30% of the contributions, as a result of the cancellation of the requested merchandise.
6.1 New Hydraulic Drills are guaranteed by a use of 400 hours of percussion.
6.2 New Pneumatic Drills are guaranteed for 3 months from delivery to the customer, against manufacturing defects and/or raw materials.
6.3 The guarantees for hydraulic or pneumatic drills may only be asserted provided that the use of the same has been in accordance with the use indicated in the Operation Manual, that they comply with their indicated services, and that in said services original spare parts and consumables of the RNP brand are applied.
6.4 The warranty for drills is forfeited if they have been opened or operated by personnel other than RNP.
6.5 For all other products, the warranty will be according to the average life time of each product counted from the delivery of the product to the customer. Spare parts are not guaranteed for poor storage, poor use or if they are used for purposes other than those intended.
6.6 To enforce the guarantee, the customer must contact his sales agent, showing proof of the services performed: invoices for spare parts purchased for the services, as well as logs thereof.
7. TECHNICAL SERVICE. The customer undertakes to cover the technical service both for the required personnel and the spare parts or consumables that are used, unless otherwise agreed between both parties.
8. STORAGE. RNP will apply a surcharge of 0.5% per day of the net invoice value for storage rights computable until the date of its withdrawal. After 30 days RNP will have the products not recalled.
9. LIABILITY AND DAMAGES.
9.1 The Customer assumes full responsibility for the use of the quoted products, so he undertakes to take RNP out safely and in peace in the event of any complaint, claim or lawsuit filed against him or against RNP, in relation to the merchandise object of this quotation, so the Customer releases RNP from all responsibility and agrees to indemnify RNP for the damages and legal expenses that may be caused by the above.
9.2 The Client waives any action against RNP for damages, losses or demands, arising from causes of force majeure or reasons not attributable to RNP, such as: pandemics, closures of ports, customs or borders, acts of government, war, rebellion, strikes, forces of nature: floods, earthquakes, fires or those acts considered as "Fortuitous Cases" or "Causes of Force Majeure" according to the judicial criteria in Mexico.
XI. ADDITIONAL TERMS
From time to time, RNP may add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services provided on or through the website RNPSA.COM (hereinafter "additional terms"), which will be posted in the specific areas or new services of such site for reading and acceptance. The user acknowledges and accepts that such additional terms form an integral part of this agreement for all legal purposes that may apply.
XII. ASSIGNMENT OF RIGHTS
RNP may, at any time and when it deems it appropriate, assign all or part of its rights and obligations under this Agreement. By virtue of this assignment, RNP will be released from any obligation in favor of the user, established in this agreement.
You agree to indemnify RNP, suppliers, vendors and advisors for any action, demand or claim (including attorneys' fees and court costs) arising out of any breach by you of this agreement; including, without limitation, any of the derivatives of:
a) Any aspect related to the use of the website RNPSA.COM.
b) The information contained or available on or through said site or of insults, defamation or any other conduct in violation of this agreement by the user in the use of the website indicated.
c) Violation of applicable laws or international treaties relating to copyright or intellectual property, contained in or available on or through such website.
RNP reserves the right, in its sole discretion, and without notice or notification to the user, to:
a) To terminate this Convention definitively.
b) Discontinue or permanently stop publishing the website RNPSA.COM without any liability to RNP.
These Terms and Conditions of Use, Purchases and Additional Terms, constitute the entire agreement between the parties, and supersede any other agreement or arrangement entered into previously. Any clause or provision of this agreement, as well as the additional terms, legally declared invalid, will be eliminated or modified at the option of RNP, in order to correct its vice or defect. However, the rest of the clauses or provisions will maintain their strength, obligation and validity.
XVI. NO WAIVER OF RIGHTS.
The inactivity on the part of RNP to the exercise of any right or action derived from this agreement, at no time should be interpreted as a waiver of such rights or actions.
XVII. APPLICABLE LAW AND JURISDICTION.
In case of dispute, everything agreed and in what is not expressly provided for in this contract, will be governed by the Commercial Code in force in Mexico and other applicable Mexican laws.
The parties to this contract are subject to the jurisdiction of the Second Judicial District of the Judicial Power of the State of San Luis Potosí, based in the city of Matehuala, S.L.P., Mexico, so they waive any other jurisdiction that by reason of their domicile or future causes may correspond to them.