Terms and Conditions of use

DBR Automation S.L. Terms of Use and Conditions of Order

DATE OF LAST MODIFICATION

July 20, 2018

DBR Automation S.L. operates www.dbrautomation.com hereinafter referred to as the "Site". The Site provides online access to information about products available from DBR Automation S.L. (the "Product(s)"); and facilitates transactions for the purchase of Products by itself and in conjunction with third party applications using proprietary DBR Automation S.L. web services (“Web Service Applications”), and in conjunction with third parties and their websites through DBR Automation S.L. provided webstores (collectively the "Services").

By accessing, visiting, browsing, using or interacting or attempting to interact with any part of the Site or any Software, program or Services on the Site you agree on your behalf personally, and on behalf of any entity for which you are an agent or you appear to represent, (collectively and individually “you,” “your,” or “user”) to each of the terms and conditions set forth herein (collectively the "Terms of Use"). For a disclosure regarding information collected and shared by DBR Automation S.L. from your access and use of the Site, visit DBR Automation S.L. Privacy Statement. By ordering Products through the Site or by mail, e-mail, phone, fax, or any other method, you agree on your behalf personally and on behalf of any entity for which you are an agent, or you appear to represent to the Terms of Use and the Conditions of Order.

I. Website Terms of Use

1. Access to the Site. Registration is not required to place an order or to use the Site. Select portions of the Site offer expanded Services via the Web through a name/password protected system, including without limitation, the Web Services Applications.

Your username and password are referred to as your "Identification." Your Identification must be accurate, current, and complete, and you may not provide false information to DBR Automation S.L. or impersonate another individual or entity. You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. DBR Automation S.L. will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact DBR Automation S.L. immediately at [email protected] if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while DBR Automation S.L. strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

2. Intellectual Property. The Services, the Site, and all information, Web Services Applications, Software, data, the DBR Automation S.L. product database, printed and electronic documentation, content that you see, hear or otherwise experience on the Site, and all compilations thereof (the "Content") are protected by copyright, trademark and other laws, and belong to DBR Automation S.L. or its partners, affiliates, licensors, suppliers, contributors, or third parties.

Subject to these Terms of Use, DBR Automation S.L. grants you a personal, revocable, non-exclusive, non-transferable license to use the Site, the Services and the Content and to download, print and store portions of the Content. No right, title or interest in any accessed or downloaded Content or materials is transferred to you as a result of this license. DBR Automation S.L. reserves all of its intellectual property rights in any Content you access or download from the Site, subject to this limited license as set forth herein.

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

DBR Automation S.L. may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.

You may not use any robot, scraper, spider, or other automated means to access or gather the Content from the Site, or mirror, co-brand, or frame the home page or any other pages of the Site on any other website or web page. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or its Content. Competitors and third-party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without the written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.

3. Disclaimer of Warranties. DBR AUTOMATION S.L. AND ITS RESPECTIVE SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT, AND DBR AUTOMATION S.L. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES, AND THE CONTENT. THE SOFTWARE AND WEB SERVICES APPLICATIONS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THEIR RESPECTIVE LICENSE AGREEMENTS, IF ANY, AND ARE OTHERWISE SUBJECT TO THESE TERMS OF USE WARRANTY DISCLAIMER. DBR AUTOMATION S.L. AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. DBR AUTOMATION S.L. AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. DBR AUTOMATION S.L. AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. DBR AUTOMATION S.L. AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

See the Conditions of Order for all other Warranty information related to Products.

4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:

a. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. DBR Automation S.L. therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. DBR Automation S.L. does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected and is not obligated to make such corrections.

b. Third Party Links and Promotions. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by DBR Automation S.L. of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that DBR Automation S.L. is not responsible for the availability of any such websites and that DBR Automation S.L. does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.

Any dealings with third parties (including advertisers) included within or available via a link from the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. DBR Automation S.L. is not responsible or liable for any part of any such dealings or promotions.

c. Geographic Limitations on Use. Like most Internet websites, this Site is accessible worldwide. However, not all Products or Services offered by DBR Automation S.L. are available to all persons or in all geographic locations. DBR Automation S.L. reserves the right to limit the provision of its Products and Services to any person, geographic area, or jurisdiction and to limit the quantities of any Products or Services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

d. Color Display. DBR Automation S.L. attempts to display as accurately as possible the colors of the Products shown on the Site. However, because the colors you see will depend on many factors, including your monitor or printer, DBR Automation S.L. cannot guarantee that the color you see matches the Product color.

5. Limitation of Liability. IN NO EVENT SHALL DBR AUTOMATION S.L. OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO: (II) THE SITE, THE SERVICES, OR THE CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION OR COMMUNICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT; EVEN IF DBR AUTOMATION S.L. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF DBR AUTOMATION S.L. AND ITS SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES, AND/OR THE CONTENT.

Any cause of action against DBR Automation S.L. or its suppliers with respect to the Site, the Services, or the Content must be instituted within one (1) year from the date on which the claim arose.

See the Conditions of Order for all other Limitations of Liability information related to Products.

6. Additional Prohibited User Conduct. You are prohibited from compromising the security or tampering with system resources and/or accounts related to the Site. The use or distribution of tools designed for compromising security (e.g., password guessing manually or through programs, cracking tools, or network probing tools) is strictly prohibited. DBR Automation S.L. may monitor your use of the Site including without limitation the Services, to ensure your compliance with these Terms of Use. If you become involved, or are suspected to have become involved, in any violation of these Terms of Use, DBR Automation S.L. reserves the right to investigate your activities for its own purposes and release the details of your violations to others in DBR Automation S.L. sole discretion, including without limitation to governmental authorities, private investigators, or other users of the Site to assist them in resolving security incidents.

You agree not to use the Site in any manner that violates any laws or infringes the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in DBR Automation S.L. sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or bypass any robot exclusion headers or other measures DBR Automation S.L. may use to prevent or restrict access to the Site.

DBR Automation S.L. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DBR Automation S.L. to disclose the identity of anyone violating the security of the Site or these Terms of Use.

7. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including without limitation engaging in activity that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, ethnicity, gender, sexual orientation, physical ability, age, religion or nationality or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, material, or information.
Upload or otherwise make available files that contain images, photos, software, or other material that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Use any material or information, including images or photographs, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.

DBR Automation S.L. has no obligation to monitor the Communication Services. However, DBR Automation S.L. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DBR Automation S.L. reserves the right to terminate your access to the Site, Services, Content, and any or all the Communication Services at any time without notice for any reason whatsoever. DBR Automation S.L. always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DBR Automation S.L. sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. DBR Automation S.L. does not control or endorse the content, messages or information found in any Communication Service and DBR Automation S.L. specifically disclaims any liability about the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

8. User Supplied Information. DBR Automation S.L. does not claim ownership of the materials you provide to DBR Automation S.L. (including feedback and suggestions) or post, upload, input or submit to Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DBR Automation S.L., its affiliated companies and sublicensees a royalty-free, irrevocable, perpetual, worldwide license to your Submission including, without limitation, the rights to use, copy, distribute, transmit, publicize, publicly perform, reproduce, translate, reformat or otherwise edit or modify, display and create derivative works from this material, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you, and to publish your name, likeness, pseudonym, or other identifier in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DBR Automation S.L. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DBR Automation S.L. sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license you provide in accordance with these Terms of Use, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

9. Notices and Procedure for Making Claims of Copyright Infringement. The notifications of alleged infringement of copyright should be sent to the email address [email protected], NO RESPONSE TO THE IRRELEVANT CONSULTATIONS WILL BE PROVIDED FOR THE NEXT PROCEDURE.

To be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party").

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

1. Service Provider shall remove or disable access to the material that is alleged to be infringing.

2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber").

3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

10. Confidentiality. You shall not disclose DBR Automation S.L. Confidential Information for so long as the information retains its confidential nature. As used in this Agreement, "DBR Automation S.L. Confidential Information" means all nonpublic information disclosed by DBR Automation S.L. through the Web Services Applications, the Site, or Software that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. You shall not use, or allow the use of, DBR Automation S.L. Confidential Information except as expressly permitted hereunder. DBR Automation S.L. Confidential Information includes, without limitation, nonpublic information relating to DBR Automation S.L. or DBR Automation S.L. business partners' sales, margin percentage, margin numbers, technology, customers, business plans, promotional and marketing activities, finances and other business affairs (including, but not limited to, any information about or involving one of DBR Automation S.L. so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test) and third-party information that DBR Automation S.L. is obligated to keep confidential. Notwithstanding any other provision in this Section, you shall not have any confidentiality obligation to DBR Automation S.L. under this Section above with respect to any information that is or becomes publicly available without breach of these Terms of Use, can be shown by documentation to have been known by you at the time of its receipt from DBR Automation S.L., is received from a third party who did not acquire or disclose the same by a wrongful or tortious act, or can be shown by documentation to have been independently developed by you.

11. Applicable Law; Dispute Resolution. The present general sales conditions will be interpreted in Spanish and will be carried out in accordance with Spanish law. Any disagreement that may arise due to its validity, interpretation or execution will be submitted to the Courts of Málaga (Spain), to which expressly exclusive attribution of competence is made.

12. General Provisions. Additional terms and conditions that may be presented to you on the Site as a part of additional Services or in relation to additional Content and those additional terms and conditions shall apply as to the specific Services or Content to which they state they apply except when in conflict with these Terms of Use, then these Terms of Use shall supersede and control. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DBR Automation S.L. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements, or obligations hereunder, may be assigned or transferred by you by operation of law, merger or otherwise, without the prior written consent of DBR Automation S.L. These Terms of Use and the subject matter that they cover, including without limitation the Site, Services, and Content, do not create any joint venture, partnership, employment, or agency relationship between you and DBR Automation S.L. or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

Governing Version
The Spanish version of these Conditions for orders will prevail in case of discrepancies between the Spanish version and the version in any other language.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Terms of Use or wish to obtain additional information, please send an e-mail to [email protected].

II. Conditions of Order

All orders placed with DBR Automation S.L., are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.

1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax-exempt identification number, if any, before processing your order. You agree that your order is an offer to buy, under these Conditions of Order, the Products listed in your order. DBR Automation S.L., at its discretion, may choose to accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order in DBR Automation S.L. sole discretion. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.

2. Quantity Limitations. DBR Automation S.L. may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. DBR Automation S.L. may reject any order, or any part of an order.

3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that DBR Automation S.L. will not be responsible for any damage you incur, or information you do not receive, because of your failure to provide and maintain a valid email address or because of any failure of your email system, spam filters, or other impediments to your receipt of our communications.

4. Currency Information. This Web site is designed for purchases in euros (EUR).

5. Pricing and Product Information. DBR Automation S.L. makes reasonable efforts to provide current and accurate information relating to the Products and prices but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to DBR Automation S.L. acceptance of your order. In the event DBR Automation S.L. discovers a material error in the description or availability of a Product that affects your outstanding order with DBR Automation S.L., or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, DBR Automation S.L. will issue a credit to your credit card in the amount of the charge. Pricing on this Web site is in euros (EUR). DBR Automation S.L. is not responsible for pricing, typographical, or other errors in any offer by DBR Automation S.L. and DBR Automation S.L. reserves the right to cancel any orders arising from such errors.

6. Payment. DBR Automation S.L. offers the following payment methods for EUR currency customers: MasterCard, VISA, VISA Electron, Maestro and prepaid by wire transfer as well as open account credit to qualified institutions and businesses. To obtain an account application for open account credit, submit an enquiry to [email protected]. Please allow sufficient time for the account application process. To avoid delay on your initial order, you may elect an alternative payment method.

7. Shipping Charges. Shipping charges are prepaid and will be included in the invoice. All applicable shipping charges range from the DBR Automation S.L. Product Distribution Center in Malaga, Spain. The availability of shipping methods depends on the country of destination. Additional charges may be charged for shipments with excessive weight or size. DBR Automation S.L. will notify you before shipment if these conditions exist. Except as otherwise stipulated on the Site, all brokerage fees will be at your expense and will be payable as of the date of shipment. Shipments billed to a customer courier account will be FCA (as defined by INCOTERMS 2010)

8. Handling Charge. There is no minimum order or handling fee.

9. Taxes. The prices published on our website DO NOT INCLUDE 21% VAT, which will be added to the shopping cart in the in the appropriate cases.

10. Conditions of sale for the Canary Islands, Ceuta, and Melilla. The expenses of IGIC (local tax) and Customs are not included in the total of the order, therefore, they will not appear on the invoice. These expenses must be paid to the carrier at the time of delivery of the order. Orders for delivery in the Canary Islands, Ceuta and Melilla do not carry VAT.

11. Late Payments. You shall pay DBR Automation S.L. all costs incurred by DBR Automation S.L. in collecting any past due amount from you, including all court costs, collection costs, and attorney's fees.

12. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment date. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.

13. Export Compliance. In addition to Spain and the rest of Europe, DBR Automation S.L. accepts international orders. All orders of origin or international destination are subject to export control laws, restrictions, regulations, and relevant provisions. You agree to comply with all export control laws, restrictions, regulations, and corresponding provisions or from agencies or authorities of applicable foreign jurisdictions. You are responsible for obtaining a license or other official authorizations that may be required to export, re-export or import Products.

14. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact an DBR Automation S.L. Customer Service representative immediately to initiate a claim.

15. Return Policy. In most cases, DBR Automation S.L. will accept merchandise returns subject to the terms outlined in this Section 15 and will replace the Product or refund your money depending on the result of the application evaluation.

To facilitate processing of returned merchandise:

Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).
For all returns not relating to manufacturers' warranties, returns must be made within 14 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
All ESD sensitive devices will undergo incoming inspection, utilizing DBR Automation S.L. ESD Work Instructions and the most recent version of the ANSI/ESD S20.20 standard. ESD product that has not been handled according to the standard will not be cancellable or refundable, nor will it admit a return.
Return freight charge must be prepaid.
Products returned solely due to customer error may be subject to a penalty.
To the extent that DBR Automation S.L. purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancellable, Non-Returnable nor will it admit a return.
Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Customer Service representative for details.

By returning any product to DBR Automation S.L., you represent and warrant that the returned product was purchased from DBR Automation S.L., is not counterfeit or otherwise non-conforming, and does not violate the DBR Automation S.L. Counterfeit Policy. You also agree that DBR Automation S.L. may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event DBR Automation S.L. determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, DBR Automation S.L. may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.

16. Supply of equivalent or replacement equipment. In cases in which due to the age of the product or update of the manufacturer's manufacturing series, the requested equipment allows a replacement or direct equivalence, DBR Automation S.L. may send you the equivalent, current or substitute equipment that allows the replacement of the requested equipment.

17. No Use as Critical Components or QPL Components. Products sold by DBR Automation S.L. are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. In addition, you acknowledge that DBR Automation S.L. is not on the Qualified Manufacturers List ("QML") and does not sell Qualified Product List ("QPL") components for military applications. Any references to QPL or military specifications are for reference only, and any sales of such products by DBR Automation S.L. are for non-military use only. You agree that all such purchases are for commercial or other applications that do not require QPL components. YOU AGREE TO INDEMNIFY AND DEFEND DBR AUTOMATION S.L. AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.

18. Product Warranty.

a. General Product Limited Warranty. ALL PRODUCTS ARE SOLD ON AN "AS-IS," "WHERE IS," AND "AS-AVAILABLE" BASIS. DBR Automation S.L. agrees to transfer to you, at the time of sale, to the extent transferable, the warranties DBR Automation S.L. receives from manufacturers with respect to the Products sold by DBR Automation S.L. to you.

b. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 17, (i) DBR AUTOMATION S.L. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) DBR AUTOMATION S.L. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. The Products may be subject to patent, trademark, copyright, design, and other rights of third parties. DBR Automation S.L. shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by DBR Automation S.L. to you subject to all applicable intellectual property rights of third parties and user licenses. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.

c. Limitation of Liability. IN NO EVENT SHALL DBR AUTOMATION S.L. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF DBR AUTOMATION S.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF DBR AUTOMATION S.L. RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

19. Force Majeure. DBR Automation S.L. will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. DBR Automation S.L. time for delivery or performance will be extended by the period of such delay or DBR Automation S.L. may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.

20. Applicable Law; Dispute Resolution; Limitation on Actions. The present general sales conditions will be interpreted in Spanish and will be carried out in accordance with Spanish law. Any disagreement that may arise due to its validity, interpretation or execution will be submitted to the Courts of Malaga (Spain), to which expressly exclusive attribution of competence is made.

21. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by DBR Automation S.L. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements, or obligations hereunder, may be assigned or transferred by you by operation of law, merger or otherwise, without the prior written consent of DBR Automation S.L. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and DBR Automation S.L. or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns, and do not and are not intended to confer any rights or remedies upon third parties.

22. Changes to the Conditions of Order. DBR Automation S.L. reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. If a change or update is made to these Conditions of Order, the "Date of Last Modification" will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails that DBR Automation S.L. may in its discretion send notifying you of changes to this Conditions of Order and/or other DBR Automation S.L. policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, DBR Automation S.L. may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and DBR Automation S.L.

23. Domain reservation. The equipment and materials that are the object of the order will be supplied under reservation of ownership in favor of DBR Automation S.L., until full compliance with the payment obligations of the Buyer, the latter being obliged to cooperate and adopt whatever measures are necessary or convenient and those proposed by the Buyer. Seller to safeguard their property on such equipment and materials.

Governing Version

The Spanish version of these Conditions for orders will prevail in case of discrepancies between the Spanish version and the version in any other language.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Terms of Use or wish to obtain additional information, please send an e-mail to [email protected].