GENERAL CONTRACTING CONDITIONS
Payment of the merchandise: the buyer will pay an advance payment consisting of % of the total price of the order established in the particular conditions of the order (“PC”), during the 5 days following the signing of the order form. If the buyer does not pay the advance within the aforementioned period, the order will be rescinded. The seller will issue as many invoices as payment dates are agreed, and they will be payable according to the terms agreed in the PC. The delay in the payment of the invoices will accrue in favor of the seller an 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.
Availability: 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 make the delivery at 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 having been made, the buyer may withdraw from 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 goods.
Disagreements: the buyer must reliably demonstrate their disagreement with the quality or quantity of the merchandise delivered within 4 days of receipt, or in the case of internal defects of the thing, within 10 days. If a disagreement is not revealed within the agreed period, it will be considered for all purposes that the buyer accepts the merchandise delivered in the condition and number received, to his satisfaction. In the event of a discrepancy being revealed within the agreed term, 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 make the delivery at the agreed delivery address, the seller will keep the merchandise in its facilities, and the buyer pay the accrued storage cost until final delivery; unless otherwise agreed in the PC. The cost will be €16.00 per pallet (1.2m x 0.8m x 1.50m) per month, and must be paid within 5 days of the date of issue of each invoice. The merchandise will be kept in custody for a maximum period of 6 months from the expiration of the free term agreed in the PC. In case of delay in the payment of a storage invoice, or after 6 months have elapsed from the expiration of the free term agreed in the PC, the seller may choose between maintaining the custody of the merchandise, at the established price; or recycle the merchandise, including giving it to a third party; o destroy the merchandise and pass on to the buyer the costs of said destruction; without this in any case affecting the payment obligation of the buyer of the merchandise.
Deadlines: all the deadlines established in these general conditions are for calendar days.
Applicable law: this contract will be governed by Spanish Law.