General conditions of use of the website
www.ingenieriamasred.com


1.- Purpose.
These general terms and conditions of use (hereinafter GCU) regulate access to and use of the website under the domain www.ingenieriamasred.com (hereinafter Website), owned by “Ingeniería Masred, SL” (hereinafter MASRED INGENIERIA), made available to users (hereinafter User(s)). If you have any questions or queries related to the use and access to the Website or these GCU, you can contact us using the contact details published in the Legal Notice.


2.- Use of the Website implies full acceptance by the User of the GTCU in force at the time the User accesses it. Therefore, if the User does not agree with any of the conditions set forth herein, they must refrain from using this Website. Consequently, the User must carefully read the GTCU each time they intend to use the Website. In any case, MASRED INGENIERIA reserves the right to modify the CGU without prior notice and at any time. Likewise, MASRED INGENIERIA reserves the right to suspend, interrupt or cease operation of the Website at any time. ‘Use of the Website’ refers to any User who accesses and browses the Website, regardless of whether they complete the registration forms.


3.- Terms and conditions of access and use of the Website and its contents.
Access to the Website and/or the Content included therein does not imply any guarantee regarding the suitability of the Website and/or the Content included therein for the particular or specific purposes of Users. MASRED INGENIERIA may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Content, which must be observed by Users in all cases.


3.1- Access and use of the Website.
Unless otherwise provided, use of the Website shall be free of charge, subject to the cost of connection through the corresponding telecommunications network contracted by the User. The User acknowledges that they are over eighteen years of age and is also aware of and voluntarily and expressly accepts that use of the Website is, in all cases, under their sole and exclusive responsibility. The User undertakes to comply with the GCU, as well as to comply with any special warnings or instructions contained on the Website and to always act in accordance with the law, good customs, and the requirements of good faith, using their utmost care, taking into account the nature and consideration of the service he or she enjoy. To this end, you shall refrain from using the Website in any way that may impede, damage, or impair its regular operation, the assets or rights of MASRED INGENIERIA, its suppliers, its distributors, the rest of the Users, or in general any third party. Specifically, and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, when using the Website:
a) Not to introduce, store or distribute on or from the Website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the regulations in force.
b) Not to introduce, store or distribute through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that may cause damage to the Website, any of the services, or any of the equipment, systems or networks of MASRED INGENIERIA, any User, MASRED INGENIERIA’s suppliers or distributors or, in general, any third party, capable of causing any type of alteration or preventing their regular operation.
c) Not to introduce, store or distribute through the Website any content that infringes the rules of intellectual or industrial property or the rights of third parties, or, in general, any content of which you do not have, in accordance with the law, the right to make available to third parties.
3.2- Access and use of the content.
The Website Content is made available to the User with information from both its own sources and those of third parties. MASRED INGENIERIA strives to ensure that the Content is of the highest possible quality and reasonably up-to-date; however, it does not guarantee its usefulness, accuracy, completeness, relevance, or timeliness.


4.- Intellectual and industrial property rights.
These GCU do not grant any intellectual or industrial property rights over the Website or any of its components. The User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding, or using any of them in any way, by any means or procedure, except in cases where this is legally permitted or authorized by the owner of the corresponding rights. The User may view and obtain a temporary private copy of the Content for their exclusive personal and private use on their computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the Content by means or procedures other than those made available or indicated for this purpose in each case, or those commonly used on the Internet (provided that the latter do not entail a risk of damage to or disabling the Website). The User must respect at all times all intellectual and industrial property rights over the Website, whether owned by MASRED INGENIERIA or third parties.


5.- Exclusion of warranties and liability.
5.1.- Exclusion of warranties and liability for the operation of the Website.
MASRED INGENIERIA does not guarantee the availability and continuity of the operation of the Website and the services or Content offered therein, nor that the content on its Website is up-to-date, and is exonerated from all liability for damages of any kind that may arise from such circumstances. MASRED INGENIERIA will carry out, provided that no circumstances make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections, and/or lack of updating of the content, all those tasks aimed at correcting the mistakes, reestablishing communication, and/or updating the content mentioned above. Likewise, MASRED INGENIERIA does not guarantee the technical reliability of its Website or access to its various pages, and is likewise exempt from all liability for damages of any kind that may arise from this cause. Furthermore, MASRED INGENIERIA is not responsible for any possible errors or security deficiencies that may occur due to the User’s use of an outdated or insecure browser version, or for any damage, errors, or inaccuracies that may arise from the malfunction of such a browser. In order to reduce the risk of viruses entering the Website, MASRED INGENIERIA uses virus detection programs to monitor all Content entered into the Website. However, MASRED INGENIERIA does not guarantee the absence of viruses or other elements on the Website introduced by third parties other than MASRED INGENIERIA that may cause alterations to the physical or logical systems of users or to the electronic documents and files stored on their systems. Consequently, MASRED INGENIERIA shall not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the physical or logical systems, electronic documents, or files of users. MASRED INGENIERIA implements various protective measures to safeguard the Website, the data collected, and the Content against third-party cyberattacks. However, MASRED INGENIERIA does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website by the User or the conditions, characteristics, and circumstances under which it is carried out. Consequently, MASRED INGENIERIA shall not be liable under any circumstances for any damages that may arise from such unauthorized access. MASRED INGENIERIA shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the Content, nor for any damages that may arise therefrom.


5.2.- Exclusion of warranties and liability for content.
MASRED INGENIERIA does not edit third-party Content published on the Website and, consequently, does not guarantee or accept liability for the legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of said Content, nor for any Content owned by MASRED INGENIERIA. MASRED INGENIERIA shall not, under any circumstances, be liable for any damages that may arise from: (i) the lack of legality, truthfulness, accuracy, completeness, and/or timeliness of Content originating from third parties and its own; (ii) the unsuitability for any purpose and the disappointment of expectations generated by the Content; (iii) decisions or actions taken or avoided by the User based on the information or data provided or supplied in the Content, including, without limitation, the loss of profits or business opportunities.


6.- Hyperlinks.
Those who intend to establish hyperlinks between their website and the Website must observe and comply with the following conditions:
i) Prior authorization will not be necessary when the hyperlink only allows access to the home page of the Website, but it may not reproduce it in any way. Any other form of hyperlink will require the express and unequivocal written authorization of MASRED INGENIERIA.
ii) The website on which the hyperlink is established may only contain what is strictly necessary to identify the destination of the hyperlink.
iii) The website on which the hyperlink is established may not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor may it contain content contrary to any third-party rights.
iv) MASRED INGENIERIA reserves the right to block hyperlinks directed to the Website that do not have express prior authorization, even if they comply with the provisions of this point of the General Conditions.


7.- Actions in case of non-compliance.
MASRED INGENIERIA reserves the right to exercise all legal actions available to enforce liability arising from a user’s failure to comply with any of the provisions of these General Website Conditions.


8.- Partial nullity.
The declaration of any of the clauses contained in these General Conditions as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining clauses, which will remain binding on the parties.


9.- Applicable law and jurisdiction.
These Terms and Conditions shall be governed by and construed in accordance with Spanish law. Any dispute relating to the terms of use and access to this Website contained in this Website Terms and Conditions document shall be subject to the jurisdiction of the Courts of Valencia, expressly waiving any other jurisdiction to which they may be entitled, unless otherwise determined by law.


10.- Notifications.
For the purposes of delivering the appropriate notifications, MASRED INGENIERIA designates the address specified in the Legal Notice as the contact address. The email address provided by the User during the registration process on the Website will be the one used by MASRED INGENIERIA to deliver notifications to the User. The User is obliged to keep the data referenced in this clause duly updated for notification purposes. All notifications sent by MASRED INGENIERIA to the User will be considered validly sent if they have been made using the data and through the means indicated above. MASRED INGENIERIA is not liable for any damages that may arise from the User’s failure to comply with their obligation to keep their contact information up to date.




General terms and conditions of sale



1        General terms and conditions of service and warranties for individuals.


The services that Ingeniería MASRED S.L. provides to its private clients are governed by the information included in the quotations provided and by these General Terms and Conditions.


By requesting any of our services and making the first payment, the client assumes and accepts all the conditions set out herein, as well as those indicated in the quotation.


1.1       Amortisation and dimensioning calculations


In order to prepare quotations, we carry out a sizing of the installation and a depreciation calculation at no cost to the customer, unless otherwise specified and agreed with the customer.


Amortisation calculations are performed using tools and processes that are well known and accepted within the sector, to which the input data provided by the client is added. These amortisation calculations will be influenced by many factors beyond the control of Ingeniería MASRED S.L., and therefore do not constitute any commitment on the part of Ingeniería MASRED S.L., unless otherwise agreed with the client.


1.2      Subsidies and grants


Among the services that Ingeniería MASRED S.L. offers its clients free of charge is advice on grants and subsidies.


We will analyse the subsidies available at the time of installation, advising the customer and preparing the necessary documentation for submission by the customer to the relevant authority.


The success of obtaining grants/aid does not depend on Ingeniería MASRED S.L. and therefore no commitment or responsibility is assumed, unless otherwise agreed with the client.


1.3      Guarantees for individuals


The guarantees for products and services for individuals shall be governed by the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.


To enforce the warranties described herein, the customer must present their purchase invoices and the corresponding maintenance inspection reports, and must not have any outstanding payments.


During the warranty period, only technicians authorised by Ingeniería MASRED S.L. may work on the installations. Whenever these technicians carry out work on the installation, they shall submit work reports and maintenance inspection reports.


1.3.1        FOR PRODUCTS.


The products supplied by Ingeniería MASRED S.L. have a minimum warranty of TWO YEARS from the date of delivery, as established by Royal Legislative Decree 1/2007, mentioned above.


According to the aforementioned law, if a product malfunctions within six months of delivery, it will be assumed that this is due to a manufacturing defect, unless proven otherwise.


During the first six months, Ingeniería MASRED S.L. will cover the costs of replacement, repair, and transport. After this period, the customer may be asked to prove that the fault is due to a manufacturing defect and has not been caused by misuse or faulty maintenance of the product.


Any commercial guarantees offered by suppliers/manufacturers extending the above terms shall be indicated in the quotation provided to the customer, and the suppliers or manufacturers shall be liable in the event of non-compliance with their performance or specifications.


It may be the case that suppliers/manufacturers require customers to register their products in order to provide additional warranties. In such cases, it shall be the customer’s responsibility to complete the registration within the required time frame and in the required manner.


In the event that the customer wishes to extend the warranty, Ingeniería MASRED S.L. can offer to extend the period by one or two years. For this option to be valid, payment must be made at the time of placing the installation order.


In the event that the customer experiences operational problems, they must notify Ingeniería MASRED S.L. as soon as possible. The maximum period for notification is two months, otherwise the product may lose its warranty.


1.3.2       FOR INSTALLATIONS.


For installations carried out by our authorised technicians, Ingeniería MASRED S.L. provides a TWO-YEAR warranty from the date of commissioning. This warranty covers any defects that may arise in the materials or workmanship used in the installation.


The customer is responsible for notifying Ingeniería MASRED S.L. as soon as possible of any defect detected in the installation, and Ingeniería MASRED S.L. undertakes to carry out the necessary repairs within a reasonable period (maximum 30 days) from the date of acceptance of the incident, except in cases of force majeure or problems with the availability of materials from suppliers.


1.4      LOSS OF WARRANTIES.


The guarantees described above shall not be valid in the following cases:


  • When the installation or products have been misused, failing to comply with the operating or preventive or corrective maintenance manuals provided by the suppliers and delivered by Ingeniería MASRED S.L. to the customer.
  • When the product shows signs of damage, impact, liquid spillage, etc., resulting from improper use.
  • When the installation or any of the equipment has been tampered with by persons not authorised by Ingeniería MASRED S.L.
  • When the maintenance of the installation has not been carried out correctly. Failure to deliver the inspection reports described in the manuals.
  • When the fault is caused by normal wear and tear.

1.5      Repairs and maintenance


Ingeniería MASRED S.L. offers our customers the services of our authorised technicians and engineers to identify faults, carry out repairs or implement preventive maintenance manuals.


When an installation is out of warranty or the fault is due to misuse or faulty maintenance, Ingeniería MASRED S.L. will charge the costs to the customer. The hours worked and materials used will be calculated, as well as travel expenses, which will be €0.35/km.


In general, the labour rate for working days (excluding public holidays and weekends) will be €26 + VAT per technician per hour, but in cases where an engineer needs to be dispatched due to the complexity of the fault/incident, an hourly rate of €50 + VAT per engineer per hour will be charged, in addition to subsistence allowances.


1.6      Facility audits


Given our extensive experience in the sector, we are in a position to carry out audits on existing installations with the aim of finding design problems, identifying causes of breakdowns or proposing improvements.


At the end of the audit, a report will be issued that our client can use for their own purposes.


The cost of each audit will be assessed individually based on the information provided by the client, and acceptance of the quote will be required before work can commence.


1.7      Excluded from the budget and other considerations


It should be noted that the following items have not been included when drawing up our budget:


  • Bricklaying work or wall passages.
  • Taxes, building permit fees and industry fees for legalisation.
  • Technical modifications or costs of connection to the distribution network.
  • Lifting machines, scaffolding or boom trucks.

Once installation is complete, all components will remain the property of Ingeniería MASRED S.L. until payment has been made in full by the customer.


Investors and protection boxes must be located indoors and protected from water.


Batteries should be mounted off the ground to prevent insulation failures.


The installation cost will be confirmed after a visit from an authorised electrician.


1.8      Jurisdiction


Any dispute or disagreement regarding the application of these General Terms and Conditions of Sale, if no agreement can be reached, shall be submitted to the jurisdiction of the courts of Valencia.


1.9      Billing


Revenue milestones shall be specified in the budget. If not mentioned, the following shall be considered:


  • 20% upon confirmation of the quote.
  • 70% before placing orders for materials.
  • 10% upon completion of installation (commissioning).

In the event that an invoice is issued and the customer does not make payment within the stipulated period of 30 calendar days, Ingeniería MASRED S.L reserves the right to charge a surcharge of 10% of the base amount of the invoice.


1.10    Privacy


In accordance with current regulations on the protection of personal data, all personal data will be treated by Ingeniería MASRED S.L. with the utmost care and for the sole purpose of offering our services or responding to requests from our customers. Our customers’ personal data will not be disclosed to third parties unless legally required to do so.


We remind you that you may exercise your rights of access, rectification, erasure (right to be forgotten), restriction of processing, erasure, and objection by sending an email to info@ingenieramasred.com.