GENERAL CONDITIONS OF CONTRACT
Payment of the goods: the purchaser shall pay an advance payment consisting of the % of the total price of the order established in the particular conditions of the order ("PC"), during the 5 days following the signature of the order form. If the Buyer does not pay the advance payment within this period, the order shall be cancelled. Seller shall issue as many invoices as payment dates agreed upon, and they shall be payable according to the terms agreed upon in the PC. Delay in the payment of invoices shall accrue to the Seller a late payment interest of 5% per month.
Manufacturing tolerance: the purchaser shall tolerate an inaccuracy of up to +/- 5% on the quantity of goods referred to in the order form; therefore, the total quantity of goods to be received may be lower or higher, up to the limit of 5%, than the quantity of goods referred to in the order. The final price shall be calculated taking into account the number of goods actually delivered.
Making available: the goods shall be made available to the Buyer at the agreed delivery address and/or in accordance with the agreed INCOTERM. If no delivery address has been agreed or if for any reason not attributable to the Seller it is not possible to deliver to the agreed delivery address, the goods shall be placed at the disposal of the Buyer at the Seller's warehouse.
Delay: In the event of delay in delivery of the goods, after the third full calendar week of delay the buyer shall be entitled to compensation of 0.2% of the price of the goods to be delivered for each additional week of delay, subject to a limit of 5%. Only in the event that the 5% limit is reached without delivery having been made may the Buyer rescind the contract. In the event of termination, the buyer's claims for damages under the applicable statutory provisions shall be limited to the amount of the price of the undelivered goods.
Non-conformities: the purchaser must make known in a reliable manner his non-conformity with the quality or quantity of the goods delivered within 4 days of receipt. In the event that a non-conformity is not made clear within the agreed period, the buyer shall be deemed for all purposes to have accepted the goods delivered in the condition and quantity received, to his satisfaction. If a non-conformity becomes apparent within the agreed period, the seller shall have the right to examine all the goods; and if the non-conformity is confirmed, the seller may choose to replace or repair the goods, at no additional cost to the buyer and within a reasonable period of time. If the seller complies, the buyer shall accept the goods, without prejudice to the application of the delay clause. If the seller does not comply, the damages to which the buyer is entitled under the applicable legal regime shall be limited to the amount of the price of the goods not delivered.
Warehouse costs: if no delivery address has been agreed or if for any reason not attributable to the seller it is not possible to deliver to the agreed delivery address, the seller will store the goods in its facilities, and the buyer must pay the cost of storage accrued 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 during the 5 days following the date of issue of each invoice. The goods shall be kept in custody for a maximum period of 6 months from the expiry of the free period agreed in the PC. In case of delay in the payment of a storage invoice, or after 6 months from the expiry of the free period agreed in the CP, the seller may choose between keeping custody of the goods, at the established price; or recycle the goods including transferring them to a third party; or destroy the goods and pass on to the buyer the costs of such destruction; without in any case affecting the payment obligation of the buyer of the goods.
Deadlines: all deadlines established in these general conditions are for calendar days.
Applicable law: this contract shall be governed by Spanish law.