Our supplies and other services to other companies, natural persons, legal entities of public and private law, as well as the especial entities regulated by the public laws, are deal exclusively in the next detailed conditions.
First. - Supplier Contract
1.1.– For the supply contract as well as the possible modifications, accessories stipulations and others agreements keep current, it´s needs the confirmation in written of each order by CORTIZO´S GROUP.
1.2.- With the reception of the order confirmation from CORTIZO´S GROUP and with the acceptance of the goods or ordered services, the BUYER accept our conditions of sale and supply.
Second. - Quantity and quality of the goods
2.1.- Production references and their quantities shall be specified in the corresponding invoice for each delivery. The quality of the delivered goods shall obey the specifications about quality of the CORTIZO´S GROUP.
2.2.- CORTIZO´S GROUP will carry out dimensional, hardness and chemical composition test of the products suppliedbased on the plans agreed between the parties. In the event that additional tests are required or the profile / s is subject to a specific standard, it must be expressly agreed in writing between the parties as well as stated in the order document.
2.3.- Additionally, THE BUYER must carry out the quality controls of their products prior to their placing on the market and / or sale to third parties.
Third. - Price
The prices of the goods, unless express indication in the opposite sense, will be fixed in euros (€), under FCA-Cortizo Group Factory terms and will include standard packing costs. Those prices shall be reflected in the invoice including the references about the product and quantity.
Fourth.- Terms of payment
The period for the payment of the goods, will be done by bank transfer in a period of 30 days from the date of the invoice, unless expressly agreed between the parties to the contrary.
Fifth. - Packing and Labeling
5.1.- The packaging shall prevent direct contact between the goods during transport in order to assure the quality of the external surfaces of the goods while they are being transported.
5.2.- Each package shall be provided properly labelled, showing the place of destination, name of product, net/ gross weight, quantity and number of package and reference of the goods.
5.3.- Any mistake, defect or lack of quality in the packing, labelled, marked or associated documentation with the order shall be immediately communicated to the CORTIZO’S GROUP and, once accepted and received by CORTIZO’S GROUP, the actions to make for his compensation will be agreed by mutual agreement between the parties.
Every documentation or information supplied by each one of the parties, is intellectual property of the author and can´t be used by the other party for any purpose different of the BUYER´s profiles production, according to the intellectual property laws.
Seventh.- Delays in the delivery and Force Majeure
7.1.- Both parties, are exempt from the partial or total non-fulfilment of their obligations if the non-fulfilment were caused by force majeure and the circumstances affected the fulfilment of the contract. Causes that qualify but are not limited to: blockade, fire, flood, government embargo, earthquake, war, etc. In sula -cch a case, the stipulated time for the fulfilment of the obligations of the contract will be extended by the corresponding period of time that the circumstances last. Likewise the terms will be extended in the same way, if the delivery is delayed due to grave labour conflicts, general transport strike, prime material suppliers general strike , energy restrictions that gravely affect production or other circumstances beyond the control of the SELLER that directly and decisively influence the production and distribution chain for the items that are subject to this contract.
7.2.- The party that finds it impossible to meet their obligations should immediately advise the other party of the beginning and end of the previously mentioned circumstances.
7.3.- Both parties agree that the payments obligations was not been affected by “force majeure” cases or the rest of the causes included in this clause..
8.1.- The BUYER shall be entitled to claim the amount and quality of the goods within a maximum and non-extendable period of 10 days from receipt, and in any case before any kind of manipulation of the goods. Any claim must include the quantity of the product, its description and reasons giving rise to the claim. The claim must be sent by registered mail with confirmation required.
8.2.- The BUYER will be obligated to allow CORTIZO´S GROUP to examine the goods.
8.3 In the event of the return of the merchandise, the BUYER will be obliged to make the merchandise available to GRUPO CORTIZO with adequate packaging for its transport and return.
Ninth. - Limit of the Responsibility
9.1.- In no event shall the CORTIZO´S GROUP be liable under any theory of liability, for indirect, incidental, special, consequential or punitive damages, which includes without limitation damages for lost profits or revenues, loss business opportunities, loss of image or loss data, even if the BUYER has been advised of the possibility of such damages.
9.2.- The liability CORTIZO´S GROUP in relation to the material that has been recognized as defective will be limited to free replacement to the same destination of the supplied material delivered without any compensation or additional cost or alternatively, at the choice of GRUPO CORTIZO, to the issuance of the credit note of the invoices paid related to the defective material.
Tenth.- Credit Limit
CORTIZO´S GROUP can assure the terms of the payment with an assurance company. In case that the BUYER´s credit coverage will be reduced by any reason, an excess of the credit limit given or a breach of the payment conditions agreed, the CORTIZO´S GROUP has the right to modify, revoke and/or cancel the conditions of payment signed with the BUYER for all the delivery pending orders and suspend he pending deliveries until the situation will be regularized.
Eleventh.- Termination and Cancelation of the Order.
11.1.- CORTIZO´S GROUP will have the right to terminate the order with immediate effect by written notification to the BUYER if the BUYER is declared in bankruptcy, present a declaration of bankruptcy, a temporal or permanent moratorium about the payments happens, his business is liquidated or a right of execution is impose on the BUYER´S property, or the business of the BUYER is totally or in part transferred to a third party in any way.
11.2.- No order will not may be cancelled, totally or in part, by the BUYER once the fabrication will be started by the CORTIZO´S GROUP, except express agreement by both parties.
11.3.- The transfer of the property of the goods supplied to the BUYER only has effect with the full payment of the entirety goods invoiced by CORTIZO´S GROUP .
Twelfth.- Jurisdiction an Applicable Law
12.1.-All discrepancies and controversies which may arise between the parties with respect to the execution and interpretation of this document shall be resolved amicably via negotiations between the parties.
12.2.- If the parties fail to reach an agreement, the parties agree to submit any dispute arising from the implementation or interpretation of this agreement to the courts of Santiago de Compostela (Spain) and the Spanish legislation, with expressly waiving their own jurisdiction if it were different.
This contract is written in Spanish and English. Both texts are equal and have the same legal force. In case of disagreement the Spanish version will prevail.