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LEGAL TERMS

(Authorized Publication: T.D.C. Expte. A 169/96)

 

GENERAL TERMS

For what is not explicitly agreed between the parties, business relations shall be governed by the provisions of Articles 325 to 345 of the Spanish Commercial Code (henceforth referred to as Commercial Code), under Title IV of Book IV of the Spanish Civil Code (henceforth referred to as Civil Code) and other related legislation, quotes will be subject to a maximum validity period for acceptance stipulated in each case by the parties, and it is understood that the supply of an order will begin only after obtaining the approval of the purchaser.

 

SHIPPING - DELIVERY

The weight of the material supplied will be that indicated by the scale at the exit of our warehouse, being subject to claims if it exceeds the upper tolerance limit stamped on the product by the UNE, EN and ISO standards. In any case, complaints regarding weight shall be substantiated by scale weighing documentation.

Unloading of material shall be performed by and under the responsibility of the purchaser, in accordance with the procedures established in the Article 338 of the Commercial Code, the purchaser being liable for any damage that may occur during unload operation, and governed in cases of paralyzation by the provisions of the existing legislation related to ground transportation.

As provided for in the Article 336 of the Commercial Code, upon material delivery at a location of the buyer’s choosing, the seller is entitled to request that the appropriate delivery paperwork of the merchandise be signed by the person representing the buyer, indicating his/her National ID number, full name and surname, mentioning agreement with the referenced goods and becoming, as of that moment, solely responsible for the goods.

 

QUANTITY AND QUALITY SPECIFICATIONS

In accordance with the Article 336 of the Commercial Code, the buyer is obligated to check specifications (size and thickness), at the reception of the material and by virtue of that, to his satisfaction; the buyer waives any claim on the above specifications if it has already undertaken processing, placement or disposition of such material.

In the case of complaints due to differences between the agreed-upon between the parties quality of the material and that of the material actually delivered, these will only be accepted by certifying the defect in quality by having the distributor report the claim to the manufacturer, as stated in the UNE report 36.820 regarding distribution of steel products, with the provision that damage produced in the material from misuse or improper application of the product by the buyer will be the buyer’s sole responsibility.

 

OWNERSHIP TRANSFER

In general, and unless otherwise agreed between the parties, the transfer of ownership of the material is understood to be subject to the conditional precedent of full payment of the agreed price, and if recovery is not possible, having been transformed, incorporated within a work or delivered in good faith to third parties, this right will be replaced by the corresponding compensation, according to the general regulation of mutual obligations set forth in the Article 1124 of the Civil Code.

 

SHIPPING

As provided for in the Article 1465 of the Civil Code, the price of the material indicated in a quote does not include transportation fees, whether carried out by the seller's own means or different than that of the seller. If shipping was carried out by the seller's own means, and in accordance with the provisions of the Article 353 of the Commercial Code, any claims made of the shipping procedure shall be satisfied by the issuance of the delivery document signed by the customer.

 

PRICES, PAYMENT AND PAYMENT DEFAULT CONSEQUENCES

Regarding the provisions of the Articles 1447 and 1448 of the Civil Code, prices applicable to the relevant supplies, -the seller being able to pass on to the buyer the cost of all the services added to delivery only of the material as separate items-, will be contained in the duly accepted initial offer; however, if exceptional circumstances or unforeseen increases in manufacturing costs have to modify these, the seller shall communicate that fact in advance of delivery to the buyer, and to this end, all price change communications shall contain mention of the new price(s) and the date from which it/they will be applied, with the understanding that such prices are accepted, unless notified otherwise prior to delivery.

According to the provisions of the Article 18.3 of the Retail Trade Regulation Law, in cases where a delay in payment exceeding sixty days from delivery is agreed upon, the seller may require for the implementation of the payment a document showing how the change would modify the other conditions established by the referenced provision.

In accordance with the provisions of the Articles 1500 and 1501 of the Civil Code and 341 of the Commerce Code, prices set in the corresponding quotes are for cash payment, or if a deferral in payment has been agreed to, in general, interests have to be detailed in a separate clause unless otherwise is agreed, such interest deferral, whose part corresponding to a period after the delivery of goods, is to be exempt from VAT as provided in the Article 78.2. 1 of the Law on Value Added Tax.

In the case of contracts and subcontracts with Government bodies, determination of deadlines for payment and for fixing interest for receivables resulting from delay in payment shall be subject to the provisions of the Law 13/1995 of 18 May and in particular the provisions of the Articles 116.2c) and 100.4 of the Act. Payment deadlines shall begin at the moment of the effective completion of the delivery.

As set out in the Articles 1500, 1501 and 1100 of the Civil Code and 341 of the Commercial Code, in case of payment delay by the customer, late payment interest will be charged.

In accordance with the Article 1503 of the Civil Code, the default by the customer of any charges relative to the same order will involve the immediate expiration of the total amount of the order and the voiding of any other agreement or provision in force, any return costs due to such failure being in charge of the buyer.

The customer is made aware of and he/she/it acknowledges the existence of a defaulter list file, authorized by the Competition Defense Court and registered in the Data Protection Agency.

 

TAXES

All taxes, fees and charges of any kind arising out of contracts or enforcement thereof, shall be paid by the parties in accordance with applicable laws or regulations.

 

FORCE MAJEURE - ACTS OF GOD

"Force majeure" cases (strikes, floods...) shall not be held liable against the seller, but it shall make the purchaser immediately aware of such an event and establish its/their cause, if requested.

 

ARBITRATION

According to the rules laid down in the Arbitration Act of December 5, 1988, and unless otherwise agreed, any litigation, dispute, matter or claim arising out of the execution or interpretation of contracts concluded or related to, directly or indirectly, shall be settled by arbitration as provided by the Commercial Arbitration Tribunal.

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