GENERAL CONTRACTING CONDITIONS OF LANDATEL DE MÉXICO S.A. DE C.V.., with registered address at Calle Municipio de Tepezalá 112, Parque Industrial del Valle de Aguascalientes, CP 20300 en San Francisco de los Romo, Aguascalientes, México. e-mail address: firstname.lastname@example.org
1. Terms and definition
a) The present General Contracting Conditions will be the ones that, exclusively, govern all the sales of products or services between LANDATEL DE MÉXICO S.A. DE C.V.and its clients, except those carried out online through the e-commerce platform of its website, without prejudice of the written agreement between parties.
b) It will be understood that the Client, when acquiring a product or service from LANDATEL DE MÉXICO S.A. DE C.V., accepts in the act, the present General Contracting Conditions.
c) To the effects of the present General Conditions, it will be understood as "consumers" those clients that, being natural persons, acquire or agree to acquire as final recipients, products or services from LANDATEL DE MÉXICO S.A. DE C.V.
2. Contract Preparation
a) Through the sending of his/her order, the client will declare his offer for the purchasing of products or services from LANDATEL COMUNCIACIONES, S.L. Once the request is received, LANDATEL DE MÉXICO S.A. DE C.V. will accept the offering through the sending of the corresponding return receipt to its client. Until the return receipt is held by the client, LANDATEL DE MÉXICO S.A. DE C.V. reserves the right to accept or not any received order.
b) The return receipt will have a summary of the order listing the main characteristics of the product or service, price, basic delivery information (particularly, approximate date and place) and applicable expenses, as well as, if necessary, the unavailability of some product.
The return receipt will allow the client to access the information previously provided related to the conditions and ways to exercise his/her return right and, if he/she wants to desist of it, access the Client Service, in order to cancel the contract.
d) LANDATEL DE MÉXICO S.A. DE C.V. will adopt the appropriate technical measures so that the client can print or save the return receipt information into a file.
e) From that moment, the client will be able to request electronic information to LANDATEL DE MÉXICO S.A. DE C.V., about the state of its request, only when the nature of the good or service allows it.
3. Budget and price
a) Unless stipulated otherwise, the validity of the written budget of LANDATEL DE MÉXICO S.A. DE C.V. will extend for a period of thirty days since its date.
b) After that deadline, or in absence of a written budget, the prices and other expenses will be the established by LANDATEL DE MÉXICO S.A. DE C.V. the day the client makes his/her request.
c) The prices indicated in the catalogue and webpage, especially in the e-commerce platform, do not include IVA taxes neither any other tax, except express instruction, and they can vary with no previous notice. If there were any misprint, LANDATEL DE MÉXICO S.A. DE C.V. will be able to proceed to the cancellation of the order or negotiation of a special price with the client.
d) The prices indicated in the catalogue and webpage, especially in the e-commerce platform do not include shipping except express instruction. The client has the option to contract the transport from LANDATEL DE MÉXICO S.A. DE C.V. or to use his/her own transport media. LANDATEL DE MÉXICO S.A. DE C.V. will offer transport with or without insurance, being free of all responsibility for the material replacement if any loss or damage occurred during its transport between our warehouse and the delivery place established by the client.
4. Payment deadlines
a) For products acquisition, the payment will be made completely before the delivery.
b) For services hiring, either they also supply products or not, 75% of the payment will be made before the service provision and the payment of the remaining 25% once the service was provided and within the following thirty days since the invoice was emitted. If, after that time and having written a debt report, the payment wouldn't have been done, a legal interest of 50% over the debt amount will be applied. If, as a consequence of the mentioned non-fulfillment, LANDATEL DE MÉXICO S.A. DE C.V. sees itself forced to begin any action in order to recover the debt or product, the consequent expenses will be on charge of the client.
c) When a Landatel Comunicaciones Customer place an order through Landashop (Landatel's online shop), the payment has to be at Landatel Comunicaciones' bank account within four days if it has been placed and paid inside Spain and seven days in case it has been placed and paid abroad. Otherwise Landatel Comunicaciones will cancel the order. If once the order is cancelled, the customer want to buy the products again , the order will have to be placed again through (Landatel's online shop).
5. Delivery of products or services
a) As far as possible, according to the availability, the nature of the good or service, or other important circumstances, LANDATEL DE MÉXICO S.A. DE C.V. will specify an approximate date of delivery in the return receipt, that will not exceed a period of 30 days since the client made his/her request.
b) LANDATEL DE MÉXICO S.A. DE C.V. will make every reasonable effort to carry out the delivery according to the agreed terms, or within the thirty-day period mentioned in the previous section. If, for any reason, the period passes by without having made the delivery, LANDATEL DE MÉXICO S.A. DE C.V. will address to the client to propose a new delivery date, with the consequent client faculty to cancel the contract and obtain the refund of the price amount if he/she has already paid it, amount that LANDATEL DE MÉXICO S.A. DE C.V. will return to the client in a maximum period of thirty days since the request.
c) The place for the delivery will be the one indicated by the client, established in the return receipt.
d) Regarding shipments with customs clearance, once the articles arrives to each customs, Landatel Comunicaciones won´t asume neither the taxes payment nor the customs' procedures.
Landatel Comunicaciones will contribute with the documents the company can gather to speed up the articles arrival to their destination.
6. Responsibility derived from the contract
a) For the acquisition of products or services that have no entailed goods supply, it will be understood that the client accepts it, once the delivery or provision has been made, as appropriate.
b) For the acquisition of services that have entailed goods supply, it will be understood the client accepts it, once the installation has been done by LANDATEL DE MÉXICO S.A. DE C.V. according to the stated under clause 7 b) of this General Conditions.
c) According to the valid legislation, LANDATEL DE MÉXICO S.A. DE C.V. will be committed to make the amendments for the damage caused by a fraudulent or negligent behavior of its employees. The responsibility will be limited to the value of the product or service, unless it had resulted in death or corporal damage, in which case there will be no limitation.
d) LANDATEL DE MÉXICO S.A. DE C.V. will not be responsible for any circumstance derived from the usage of information related to the number of users, connections, real bandwidth, PIRE power or similar situations, as well as any characteristic subject to meteorological conditions, geography, network connections, users' equipment, peripherals, accessories, etc., all of them indicated as an approximation, in function of the information obtained from the equipment manufacturers, normal usage, concurrency indexes and normal configuration parameters.
e) LANDATEL DE MÉXICO S.A. DE C.V. will not be responsible for: general losses generated by the neglectful attitude of the client toward the indications or suggested advices of LANDATEL DE MÉXICO S.A. DE C.V. related to the good operation or optimal usage of products or services; any form of lost profit claimed by the client, particularly those originated in the malfunction or defect resolved by LANDATEL DE MÉXICO S.A. DE C.V.; losses derived from the combination made by the client of equipment and material provided by LANDATEL DE MÉXICO S.A. DE C.V. with other supplied by the client or third parties; losses caused by force majeure, which include: natural or environmental catastrophes, riots or revolts, strikes, wars, terrorist attacks, lack of supplying of products, interrupts in the services provision, or political or governmental acts.
f) Unless there exists a previous written authorization from LANDATEL DE MÉXICO S.A. DE C.V. the client will not be able to hand over his/her rights or obligations that the present General Conditions, depending on the case, grant or impose to him/her.
7. Preconfiguration and Installation Services
a) The preconfiguration service consists of the sending of the configured equipment according to the parameters and functionality required by the client. This service could only be hired at the moment of the equipment acquisition and the client will be asked to fill in the form with the necessary information for its correct execution.
The preconfiguration service does not include the manipulation of any equipment different from those acquired at the moment of the service hiring.
b) The installation service includes the installation and bring into service of the equipment, as well as of the necessary elements for its special working.
The client will have to sign the request of service document before its realization. In that document it will be specified the equipment and configuration requested by the client.
Once the service has been carried out, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V. will proceed to review with the client the situation and functionality of the installation, and both parties will have to sign in accordance at the end of the consent declaration.
8. Maintenance contract
LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients the possibility to hire a global maintenance service that covers telephone support, pieces, labor and transport. The conditions of that contract will be stated in it and the cost will be set according its duration, installed equipment, distances and type of service offered by the equipment.
9. Repairs, devolutions and claims
a) REPAIRS: Without prejudice of the clauses that mention the guarantees stated in this General Conditions, the client will be able to request the repair of the product if it presents any damage, or its substitution for other of identical or similar characteristics, with agreement about the following conditions:
The devolution of the damaged equipment will be made previous client request of the RMA number through the form that LANDATEL DE MÉXICO S.A. DE C.V. will make available in its website, or via email or fax.
The equipment sending must be made in its box, envelope or wrapper, and the RMA number given by LANDATEL DE MÉXICO S.A. DE C.V.must be written on it. If many items were sent in the same package, all the RMA numbers must be written on it. The expenses and sending risk will be on charge of the client.
Once the equipment is repaired or substituted, and if the equipment is in guarantee period, LANDATEL DE MÉXICO S.A. DE C.V. will send it to the client, with no transport expenses. The equipment will be sent with the same packaging conditions and the same elements and accessories provided by the client. The transport risks will be on charge of the client. All equipment that after the technical assessment did not require any repair and worked correctly, will incur an extra charge of 30US$ +VAT if proceeds up to 60 US$ +VAT if proceeds, which will need to be paid before the equipment is returned.
b) DEVOLUTIONS: LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients a period of 7-days evaluation since the delivery of the acquired equipment or solutions. During this period, the client wi will be able to return the equipment to LANDATEL DE MÉXICO S.A. DE C.V., and, in that case, will have to request the RMA number through the corresponding form, being on his/her charge the carrier expenses and its risks. In this case, LANDATEL DE MÉXICO S.A. DE C.V., within thirty days after the reception date, will refund the amount paid in the purchase. LANDATEL DE MÉXICO S.A. DE C.V. will deduct to the amount of the equipment, the corresponding expenses of service preconfiguration, programming and installation, shipment and diets, and all other post-sales services that have have been used, as well as 10% of its value in concept of usage and administrative expenses.
LANDATEL DE MÉXICO S.A. DE C.V.will only accept the equipment devolution within seven days after the purchase in case they are in perfect state and with all its component elements in its original packaging and if the equipment is not customized according to the client suggestions.
c) CLAIMS: LANDATEL COMUNICACIONES S.L. offers to its clients the opportunity to check all the articles purchased and communicate any breakdown or shipping mistake sending an email to email@example.com within 48 hours maximum:
In case the order does not arrive to its destination total or partially within 24 hours since the shipping confirmation email outbound with the tracking number in it (if the delivery address is in a city) or 48 hours (if the delivery address is a village or a remote area), the customer will have to inform immediately to Landatel Comunicaciones through e-mail to firstname.lastname@example.org . If Landatel Comunicaciones does not receive this notification within 48 hours after the estimated arrival date, the claim to the insurance company won't be able to be placed in time, so they won't consider the possible mislay.
10. Payment methods and personal data safety
a) LANDATEL DE MÉXICO S.A. DE C.V. offers the following payment methods:
- Bank Transfer
- Credit Card: VISA, American Express or Master Card
- Western Union.
For bank transfers, the client will be required to send a receipt via fax or email, and LANDATEL DE MÉXICO S.A. DE C.V. reserves the right to keep the goods until the reception of the payment.
Those regular clients that wish to opt by the deferred payment method will be able to request it to our Administration department, which will require the corresponding documentation to proceed to its study and posterior acceptance if it was favorable.
b) LANDATEL DE MÉXICO S.A. DE C.V. does not use its clients' credit card numbers with any purpose other than the formalization of his/her payments.
c) The client accepts the treatment that LANDATEL DE MÉXICO S.A. DE C.V. makes of any personal data he/she has provided to it, as a result of the transactions made according to the present General Conditions. That treatment will adjust to the Data Protection Policy of LANDATEL DE MÉXICO S.A. DE C.V. that the client may check from this website www.landatel.com.
11. Software use
a) When, depending on the product or services provided, might be necessary to use some specific software, either it belongs to LANDATEL DE MÉXICO S.A. DE C.V. or to third parties, LANDATEL DE MÉXICO S.A. DE C.V., on its own behalf or on behalf of the third party, will license its client in a non exclusive way to the usage of a copy for an indefinite period of time, being its price included in the total price of the product or service. The corresponding license does not transfer the domain ownership of the software to the client neither it allows the future usage of the software without previous written permission from LANDATEL DE MÉXICO S.A. DE C.V.., it does not permit its alteration, reconfiguration or any other type of manipulation, without previous written authorization of LANDATEL DE MÉXICO S.A. DE C.V.
b) LANDATEL DE MÉXICO S.A. DE C.V. reserves all the intellectual property rights and the industrial rights stated under the valid legislation.
12. Guarantee: application conditions
a) The equipment manufactured by LANDATEL DE MÉXICO S.A. DE C.V. (AirGiga. Miropoint and Custodius) has a two-year guarantee according to the valid regulation, and this guarantee will be supplied by their manufacturer. The guarantee also includes the pieces and labor necessary for the repair of the damaged equipment, as well as the preconfiguration of the equipment if it had been contracted by the client at the moment of the purchase.
The installations that LANDATEL DE MÉXICO S.A. DE C.V.would have done have a two-year guarantee, only for those faults related to defects in the installation execution.
b) LANDATEL DE MÉXICO S.A. DE C.V. does not guarantee third party products.
c) Neither the equipment nor the installations guarantees include the transportation to the client address. If transportation is required, the client will have to request a maintenance contract at the purchase moment, or after it, in which case there will be a waiting period of fifteen days for that service.
d) Neither the equipment nor the installations guarantees include the dismantling and posterior assembly of the equipment or damaged equipment in its working place. If the dismantling and assembly were necessary, the client will have to request a budget, or a maintenance contract at the purchase moment or after it, in which case there will be a waiting period of fifteen days for that service.
e) The guarantee does not include substitution equipment, except in the cases that the service would have been contracted at the purchase moment.
f) The guarantee will not apply in the case that the client has opened or broken the safety seals, or over the equipment that would have been damaged by maintenance, inappropriate usage or treatment, falls, vandalism or similar actions.
g) The guarantee of LANDATEL DE MÉXICO S.A. DE C.V.will not extend to the damages caused to the product by exogenous causes, as well as environmental alterations, accidents or damages during the transportation (with no prejudice of the clause number 6 of this General Conditions), computer security attacks (virus, cracking), client software or third parties software, defects related to the location or installation, or badly adjusted power supply, among other of analogous nature; neither it will cover any complaint related to the performance, useful life or products quality.
h) Unless there is a written agreement expressing otherwise, LANDATEL DE MÉXICO S.A. DE C.V.does not guarantee the suitability of its products for specific uses or performance the user decides to give them or obtain from them. Neither has it guaranteed a non-malfunctioning operation.
i) The guarantee will not be applicable if the client has a debt with LANDATEL DE MÉXICO S.A. DE C.V., being its payment an essential condition to obtaining the guarantee coverage.
13. Guarantee: Repair process
a) The repair process, according to the guarantee, is held in three levels:
- Level 1. Communication of the anomaly through an email to email@example.com. Once the notification has been studied, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V.will address to the client by written means or via a phone call to try to solve the problem with no need of sending the equipment.
- Level 2. Sending of the equipment. Once the ways mentioned at level 1 have been used, the client will send the equipment to LANDATEL DE MÉXICO S.A. DE C.V.previous request of the corresponding RMA number (see the conditions for equipment devolution under clause 9). Once it is received, the technical experts of LANDATEL DE MÉXICO S.A. DE C.V. will proceed to its examination and to verify its possible damage.
- Level 3. Sending to the manufacturer and devolution to the client. After the verification of the damage and the state of the safety seals, LANDATEL DE MÉXICO S.A. DE C.V. will proceed to the sending of the equipment to its manufacturer together with the necessary documentation and description in the language designated by the manufacturer. The sending will be made once per month, so many days can pass by until the equipment is sent to its manufacturer. Once repaired or substituted, the unit is sent to LANDATEL DE MÉXICO S.A. DE C.V.that immediately sends it to the client.
b) LANDATEL DE MÉXICO S.A. DE C.V.offers to its clients the possibility of hiring the Replacement Guarantee service (see its description under clause 14 of this General Conditions) and avoid the delays in the installation operation.
c) If during level 2 inspection, a client manipulation is detected, causing the damage or malfunction for configuration mistakes, LANDATEL DE MÉXICO S.A. DE C.V. will invoice the client the amount 40 US$ + VAT in concept of verification time and damage solving. The payment of that amount will have to be made before the devolution of the equipment to the client.
14. Replacement Guarantee
a) With the purpose of avoiding delays in the solution of damages and keeping the operation level of the equipment, LANDATEL DE MÉXICO S.A. DE C.V. offers the possibility to its clients of hiring the Replacement Guarantee Service. That service consists of the immediate substitution of the equipment sent with the corresponding RMA number.
b) Through this service, LANDATEL DE MÉXICO S.A. DE C.V.compels itself to have in stock equipment of the same or superior category of those hired by the client, for its immediate replacement once the damaged equipment has been received.
c) The Replacement Guarantee Service must be hired at the purchase, specifying the serial numbers of the included equipment in the invoice.
d) The Replacement Guarantee could only be applied simultaneously to the number of units hired at the purchase, it means that, if the client hires the replacement guarantee only for one equipment, then he/she will only be able to send one of the equipment listed in the invoice, if he/she hires two simultaneous equipment, will be able to send two, and so on.
e) If the equipment has been in use for less than a month, LANDATEL DE MÉXICO S.A. DE C.V.will send a new unit of the same or superior quality as a substitution. If the equipment has been in use for more than a month, LANDATEL DE MÉXICO S.A. DE C.V.will send a unit of a similar or superior quality that might have been previously used.
f) Having hired the Replacement Guarantee Service, if the equipment failure allows its operation and its service level is critical, the client will be able to request to LANDATEL DE MÉXICO S.A. DE C.V.the previous sending of the substitution in order to have the least impact. In this case, the client will have to make a deposit corresponding to the value of the equipment, which will be refunded once the damaged unit has been received.
15. Post-sales services
LANDATEL DE MÉXICO S.A. DE C.V. makes available to its clients the following post-sales services:
Free. It is made through the electronic media that LANDATEL DE MÉXICO S.A. DE C.V. offers to its clients: webpage, online chat, email.
Telephonic payment. It is made through one of the telephone support packages of one, five or ten calls, or through the three-monthly, half-yearly or yearly support contracts.
Presential Payment. It is made through the hiring of in situ technical assistance.
16. Client Service
a) In order to solve any doubt, incident or complaint related to any order, product or service acquired, LANDATEL DE MÉXICO S.A. DE C.V.makes available to its clients a Client Attention Service, , Municipio de Tepezalá 112, Parque Industrial del Valle de Aguascalientes, CP 20300 en San Francisco de los Romo, Aguascalientes, México. email firstname.lastname@example.org.
b) If the user requested any product repair according to the guarantee, it will be proceed according to the stated under clause 13.
c) For any complaint, as a first step the client will turn direct to our Client Attention Service, which will process the complaint within 10 days from its reception. If our service was not able to provide with a solution to the client within the specified term, it will inform him/her about it and will set a new term of thirty days for such purposes. If the client was not satisfied with the proposed solution received from LANDATEL DE MÉXICO S.A. DE C.V.., then he/she will be in position to scale his/her complaint to the corresponding instance for conflict resolution referred in this General Conditions.
d) LANDATEL DE MÉXICO S.A. DE C.V.will file the main incidents record related to each complaint received from its clients, in order to offer them a more complete guarantee.
17. Termination of the contract
a) The following causes will give any of the parties the ability to terminate the contract, previous written notification to the other party:
- The declaration of any of the parties of its bankrupt or insolvent state, that would make impossible the payment of its contracted debts;
- The non-fulfillment of any of the duties mentioned in this General Conditions by any of the parties, if, after a written requirement to proceed to its fulfillment, it does not do it within the next 30 days;
- The persistence for a period longer than two months of any of the force majeure circumstances mentioned under the clause 6e) of the present General Conditions, with no prejudice to the term for the contractual duties fulfillment which could be increased by mutual agreement, with an increase limit of two months.
b) LANDATEL DE MÉXICO S.A. DE C.V., will be able to terminate the contract with previous written notification to the client, if the client had not made the payment during the agreed term.
18. Applicable regulation and conflicts resolution
a) Without prejudice to the legally recognized rights of those clients with a consumer condition, the present General Conditions and their interpretation, as well as any lawsuit derived from the contract between LANDATEL DE MÉXICO S.A. DE C.V.and its clients will be ruled by the mexican legislation.
b) With an express renounce to their privileges, the parties submit themselves to the jurisdiction to the Courts and Tribunals of Aguascalientes (Mexico). c) Landatel's clients who place orders through www.landamex.com become responsible for carrying out the law regarding the use of the purchased merchandise at the delivery country. Thus, Landatel de México SA de CV won´t be responsible for this matter.