General contracting conditions

Payment of the goods: the buyer will pay an advance consisting of the% of the total price of the order established in the particular conditions (“CP”), during the 5 days following the signing of the order form. If the buyer does not pay the advance payment within the aforementioned period, the order will be canceled. The seller will issue as many invoices as payment dates are agreed, and they will be payable according to the terms agreed in the CPs. The delay in the payment of the invoices will accrue in favor of the seller a default interest of 5% per month.

Manufacturing tolerance: the buyer will tolerate an inaccuracy of up to +/- 10% on the quantity of merchandise referred to in the order form; Therefore, the total amount of merchandise that you will receive may be lower or higher, up to the limit of 10%, than the amount of merchandise referred to in the order. The final price will be calculated taking into account the number of goods actually delivered.

Making available: the merchandise will be made available to the buyer at the agreed delivery address and / or in accordance with the agreed INCOTERM. In the event that a delivery address has not been agreed or that for any reason not attributable to the seller it is not possible to deliver to the agreed delivery address, the merchandise will be made available to the buyer in the seller’s warehouse.

Delay: in case of delay in the delivery of the merchandise, from the third full calendar week of delay, the buyer will be entitled to compensation of 0.2% of the price of the merchandise pending delivery for each additional week of delay, with a limit of 5%. Only in the event that the 5% limit is reached without delivery, the buyer may terminate the contract. In the event of termination, the compensation for damages to which the buyer is entitled under the applicable legal regime will be limited to the amount of the price of the undelivered merchandise.

Non-conformities: the buyer must reliably demonstrate their dissatisfaction with the quality or quantity of the goods delivered within 4 days of receipt, or in the case of internal defects of the thing, within the following 10 days. If a disagreement is not revealed within the agreed period, it will be considered for all purposes that the buyer accepts the goods delivered in the state and number received, to their satisfaction. In the event of a disagreement within the agreed period, the seller will have the right to examine all the merchandise; and in case of confirming the disagreement, you can choose between replacing or repairing the merchandise, at no additional cost to the buyer and within a reasonable period of time. If the seller complies, the buyer must accept the merchandise, without prejudice to the application of the delay clause. If the seller does not comply, the compensation for damages to which the buyer is entitled under the applicable legal regime will be limited to the amount of the price of the undelivered merchandise.

Warehouse costs: in the event that a delivery address has not been agreed or that for any reason not attributable to the seller it is not possible to deliver at the agreed delivery address, the seller will keep the merchandise at its facilities, owing the buyer pay the accrued storage cost until final delivery; Unless otherwise agreed in the CP. The cost will be € 93.39 / m3 (€ 13.00 per 1.2m x 0.8m x 0.145m pallet) per month, and must be paid within 5 days of the issue date of each invoice. The merchandise will be kept for a maximum period of 6 months from the expiration of the free period agreed in the CP. In case of delay in the payment of a storage invoice, or after 6 months from the expiration of the free period agreed in the CPs, the seller may choose between keeping custody of the merchandise, at the established price; or recycle the merchandise including giving it to a third party; or destroy the merchandise and pass on to the buyer the expenses incurred by said destruction; without in any case affecting the obligation of payment of the buyer of the merchandise.

Terms: all the terms established in these general conditions are for calendar days.

Applicable law: this contract will be ruled by Spanish Law.