{"id":518,"date":"2022-02-03T11:55:44","date_gmt":"2022-02-03T11:55:44","guid":{"rendered":"https:\/\/minersafeed.com\/sulquisa\/?page_id=518"},"modified":"2022-02-18T10:15:15","modified_gmt":"2022-02-18T10:15:15","slug":"general-terms-of-sale","status":"publish","type":"page","link":"http:\/\/www.sulquisa.com\/en\/general-terms-of-sale\/","title":{"rendered":"General Terms of Sale"},"content":{"rendered":"

[vc_row full_width=”stretch_row” css=”.vc_custom_1626758718078{background-image: url(http:\/\/www.sulquisa.com\/wp-content\/uploads\/2021\/07\/Cabecera_03.jpg?id=15) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”titular”][vc_column][vc_column_text css=”.vc_custom_1645178566904{margin-bottom: 0px !important;padding-bottom: 20px !important;}”]General Terms of Sale[\/vc_column_text][vc_column_text el_class=”breadcrumb”]Home<\/a><\/span><\/span>[\/vc_column_text][\/vc_column][\/vc_row][vc_row el_class=”texto_legales”][vc_column][vc_column_text]<\/p>\n

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General Terms and Conditions of Sale S.A. SULQUISA, Unipersonal<\/h2>\n

 <\/p>\n

I. Purpose
\n<\/strong>
\nThese General Terms and Conditions of Sale (\u201cGTCS\u201d) shall apply to all quotations submitted by S.A. Sulquisa, Unipersonal
\n(\u201cSulquisa\u201d), to all purchase orders received by Sulquisa and to all goods (\u201cGoods\u201d) supplied by Sulquisa. It shall be
\nunderstood that these GTCS have been notified to the buyer (\u201cBuyer\u201d) as soon as it is informed of the website to which
\nthey are incorporated, or if the Buyer previously received them in the course of its commercial relationship with Sulquisa,
\nwhichever occurs first. The invalidity of any of any of the provisions set forth in these CTCS hall not affect the remaining
\nprovisions which shall remain in full force and effect.<\/p>\n

II. Formation and Modification
\n<\/strong>
\nThe delivery of the Goods by Sulquisa to the Buyer shall be governed by the Sulquisa’s quotation, the purchase order or
\nthe acceptation of the Buyer’s to the Sulquisa\u2019s offer and these GTCS and all of them shall be binding between the Parties
\nshall constitute an agreement (\u201cAgreement\u201d). In the event of conflict these GTCS shall prevail unless any specification or
\nterms set forth in each offer or acceptance of each purchase order. The Buyer’s purchase orders shall become binding on
\nSulquisa upon receipt by the Buyer of the Sulquisa’s written order acknowledgment, delivery note or another expressly
\nacknowledgment. Sulquisa shall not be deemed to have in any way enlarged or modified its liabilities or obligations under
\nthe Agreement by filling such order or by failing to further object to the Buyer’s terms or conditions. The acknowledgment
\nof a purchase order by Sulquisa or not issuing any objection by its part to the conditions of the Buyer does not imply in
\nany case its acceptance by Sulquisa. The present GTCS shall prevail over any general purchase\u2019s conditions, if any. Sulquisa
\nis willing to negotiate written changes to these GTCS, but reserves the right to make an adjustment in the price of the
\nGoods. No modifications, limitations, waivers or discharge of the Agreement or any of its terms shall bind Sulquisa unless
\nin writing and signed by the Sulquisa’s authorized employee. A course of performance, course of dealing, or customs in
\nthe trade shall not constitute a modification or waiver by Sulquisa of any right.<\/p>\n

III. Prices and Payments
\n<\/strong>
\nUnless otherwise agreed by the parties all prices are in EURO and shall be net and deemed exclusive of VAT and any other
\ntaxes, levies, fiscal charges, duties or any other fees whatsoever levied on the supply. The price of the Goods shall only
\ninclude the scope of supply set forth in the offer and\/or the acceptance of the purchase order. No deductions such as
\nwithholdings or discounts shall be allowed. Handing in of bills of exchange shall require the consent of the Sulquisa and
\nshall not constitute payment. Discount, bill tax, bill charges and similar charges shall be borne by the Buyer. The weight
\nof the Goods on which the invoiced amount is to be calculated shall be ascertained in the dispatch department of the
\nSupplier\u2019s plant from which the Goods are supplied. Without prejudice to the right of the Sulquisa to payment in
\naccordance with the terms of payment hereunder, Sulquisa shall be entitled, while reserving the right to claim further
\ndamages for delay and to terminate the Agreement without any liability, to charge interest at a rate of 10% as prevailing
\nfrom time to time, on any sum outstanding after the date of payment. Payment shall be made by bank transfer within 30
\ndays of the invoice date. The invoice date shall be the date the Goods are dispatched from the Sulquisa\u2019s factory. Payment
\nshall not be deemed to have been made until the amount concerned is unconditionally available to the Sulquisa on one
\nof the Sulquisa\u2019s accounts. Sulquisa reserves the right to use payment for settlement of any due payment plus any cost
\nand default interest accrued thereon in the following order: cost, interest, principal amount. The Buyer shall not set-off
\nany claims or debts, unless they are due, liquid, payable and recognized in an enforceable document or court decision,
\nneither exercise any withholding right, unless it is foreseen in the Agreement. Breach by the Buyer of any payment
\nobligation, as well as its insolvency shall entitle Sulquisa to suspend or terminate Agreement and to declare the entire
\ndebt as overdue in advance, demanding its immediate payment (including any amounts not due yet), charging for any
\nworks performed, expenses incurred and damages suffered, and withholding in its favor any sums received, with the
\nBuyer having no right to indemnification. If it has been agreed upon that customs and import charges of the country of
\ndestination shall be borne by Sulquisa, any increase in such charges generated between the acceptation of the purchase
\norder and the delivery of the Goods shall be borne by the Buyer.<\/p>\n

IV. Delivery
\n<\/strong>
\nThe time of delivery shall be as specified in the offer and\/or the acceptance of the purchase order. Sulquisa reserves the
\nright to choose how and by what route the Goods are to be shipped. If the Buyer has special needs in either of these
\nconditions, it shall bear any additional expenses thus incurred. Any costs arising out of the delay in the Goods\u2019 unloading
\nGTCS Sulquisa Version 1st April 2021
\npoint for reasons attributable to the Buyer shall be borne by the Buyer. Unless carriage free delivery has been agreed
\nupon, the Buyer shall bear any increases in freight rates occurring after the conclusion of the Agreement and any
\nadditional charges for rerouting of the Goods, storage of the Goods, etc. Irrespective of which Incoterm is chosen as
\napplicable, unloading at site is never part of Sulquisa\u2019s scope of supply. In the event that the Goods could not be delivered
\nat their due dates for reasons not to attributable to Sulquisa\u2019s liability when ready for dispatch and delivery and after the
\nannouncement to be placed at Buyer\u2019s disposal such supply will be placed to storage and after a period of grace of seven
\ndays, the Buyer will pay storage expenses, including storage at the factory where manufactured. Goods shall be prepared
\nand packed in accordance with the Sulquisa’s standard commercial practice unless otherwise provided in the accepted
\npurchase order. The Buyer shall discharge to Sulquisa from any damage the Goods may suffer or have suffered if the
\npackaging had been prepared following the Buyer\u2019s instructions. Sulquisa shall invoice any amounts otherwise payable
\nto Sulquisa upon delivery and all storage expenses incurred, and delivery shall be deemed to have taken place for the
\npurposes of having the right to collect the price and the beginning of the guarantee period. All risk of loss or damage
\nduring storage shall be for the Buyer. Whenever by contractual agreement delivery must be made at a place designated
\nby the Buyer, the Buyer must ensure at all times that there is a good and constant access to such place by suitable roads
\nfor the required transportation, considering the projected size, weight and other characteristics of the supply. In case
\nthat the Buyer fails to do so, delivery shall be deemed to have taken place at the moment when Sulquisa announces
\ndisposability for dispatch and delivery, and Buyer shall have to assume and afford any and all extraordinary measures
\nnecessary to make the supply reach its final destination.<\/p>\n

V. Force majeure
\n<\/strong>
\nFor the purposes hereof, force majeure shall be deemed to as, without limitation, a strike, lock-out, work stoppage or
\nany other industrial action, labour dispute or union disturbance by a third party, or by employees of the affected party;
\nbreakdown or failure of transportation, manufacturing, distribution, storage of processing facilities, failure or
\ninterference with the manufacture, receiving, handling, delivery or consumption of the good or service covered thereby,
\ninability to obtain raw materials, chemicals, catalysts, fuel, power, labour, containers or transportation facilities; act of
\nwar (whether declared or undeclared), invasion, armed conflict, or act of foreign enemy, blockade, embargo, revolution,
\nriot, insurrection, civil commotion, sabotage, terrorism or the threat of sabotage or terrorism; any act of state or other
\nexercise of sovereign, judicial or executive prerogative by any governmental entity, act of God, epidemic, plague,
\nexplosion, chemical or radioactive contamination or ionising radiation, lightning, earthquake, tempest, flooding, fire,
\ncyclone, hurricane, typhoon, storm and other unusual and extreme adverse weather or environmental conditions; or
\nother circumstances which is beyond the reasonable control of the party affected by such event or which could not have
\nbeen prevented by such party. An event of force majeure shall release the affected party from its obligations under the
\nAgreement for as long as and to the extent to which the event of force majeure impedes or prevents the performance of
\nthis Agreement in whole or in part. Either Party shall be entitled to terminate the Agreement by notice in writing to the
\nother Party if the event of force majeure continues for more than three months without any liability. In the event of the
\nSulquisa\u2019s source of supply being wholly or partly unable to supply, Sulquisa shall not be bound to buy from other
\nsubsuppliers, and it shall have the right to distribute the available quantities among his customers while at the same time
\ntaking into account its captive requirements.<\/p>\n

VI. Retention of title
\n<\/strong>
\nThe Goods shall remain the property of Sulquisa until having received the full and definite payment of its contractual
\nprice in accordance with the agreed payment terms. The Buyer shall be obliged to diligently safeguard the Goods supplied
\nuntil the passing of title, bearing the risk of any loss or damage thereto following delivery. Any used packaging material
\nand their relevant environmental management, are the Buyer\u2019s property and responsibility. The Buyer shall provide
\nproper environmental treatment of the foregoing and no return will be accepted.<\/p>\n

VII. Limitation of liability
\n<\/strong>
\nSulquisa shall hold Buyer and third parties harmless from the direct damages suffered as a result of the infringement by
\nSulquisa of its contractual obligations, due to defects in the Goods or acts or due to acts or omissions of its employees,
\nsubAgreementors and other individuals for whom it is legally liable, up to a maximum aggregate liability cap or amount
\npayable for all claims of any kind, including liquidated damages and remedial warranty efforts such as repair or
\nreplacement pursuant to the warranties given to the Buyer, of one hundred percent (100%) of the total purchase price
\nallocable to the Good giving rise to the claim. Under no circumstances shall Sulquisa be liable for any kind of indirect,
\nconsequential, incidental, punitive, special or exemplary damage or loss suffered by Buyer or third parties, including but
\nnot limited to loss of production, income, revenue or profit (lucrum cessans), loss of performance or availability, costs of
\nreplacements with substitute goods, downtime or waiting costs, costs of labour, investment or capital, and any other
\nfinancial costs, third party claims, etc. Sulquisa shall be notified of any existing damage as soon as it occurs.<\/p>\n

VIII. Warranty
\n<\/strong>
\nSulquisa warrants that the Goods supplied under this Agreement shall at the time of its delivery conform with the
\nSulquisa\u2019s specification and with the Goods\u2019 analysis certifications attached to the relevant supplied Good. Sulquisa shall
\nonly keep samples of the Good in accordance with the provisions of its quality manual. The warranty period of the Goods
\nshall be 15 days after its delivery. By virtue of this warranty, Sulquisa undertakes, at its discretion, to reduce the price, to
\nreplace the defective Goods, to take the defective Goods back and refund their purchase price. Any defects claimed must
\nbe notified immediately in writing by Buyer to Sulquisa as soon as they have arisen and no later than 15 days after its
\ndelivery, exhaustively stating the nature of such defects, providing Sulquisa with any samples, sales receipt, invoices and
\nmarking of packages if any. The warranty shall only be valid and effective if transport, storage and processing of the Good
\nhave been carried out by Buyer in accordance with the instruction manuals provided by Sulquisa as applicable. The
\ndefective Goods shall not be returned without the Sulquisa\u2019s express consent. The warranty shall not apply in case of
\ninadequate use or when the defects resulting from of accidents, Force Majeure or from negligence or lack of competence
\nof the Buyer\u2019s staff. The warranty does not cover any direct nor indirect loss and damage, whether personal or material,
\nit is the only enforceable warranty given to the Buyer, and it excludes any other conditions or warranties not expressly
\nacknowledged by Sulquisa whether express, implicit or legal. Sulquisa makes no warranties, express or implied, and
\nspecifically disclaims any warranty of merchantability or fitness for a particular purpose.<\/p>\n

IX. Trademarks
\n<\/strong>
\nThe Buyer shall not have the right to refer to the Sulquisa\u2019s Goods when offering or supplying substitute Goods to third
\nparties or, in price lists or similar business communications, to use the word “substitute” in conjunction with the Sulquisa\u2019s
\nprotected or unprotected product designations or list these designations together with any designations for substitute
\nGoods. When using the Supplier\u2019s Goods for manufacturing purposes or when processing them into new Goods, the Buyer
\nshall not have the right, without the Sulquisa\u2019s prior written consent, to use the Sulquisa\u2019s product designations, especially
\nhis trademarks, on the resulting Goods or on the packaging therefor or in any relevant printed matter or advertising
\nliterature, particularly by mentioning the Sulquisa\u2019s Goods as components of his own Goods. The supply of goods under
\na trademark shall not be deemed agreement to the use of this trademark for the Goods manufactured therefrom.<\/p>\n

X. Order Cancellation
\n<\/strong>
\nThe Buyer may not cancel, in whole or in part, its purchase order for the Goods after its delivery to Sulquisa. Any
\ncancellation of the purchase order by the Buyer shall obligate to the Buyer to pay immediately to Sulquisa 100% of the
\nprice of the cancelled purchase order.<\/p>\n

XI. Confidentiality
\n<\/strong>
\nAny information to which the parties have access as a result of the Agreement, including the terms and conditions of the
\nsame, shall be considered as confidential information unless it belongs to the public domain, and shall not be disclosed
\nto third parties, nor used directly or indirectly for purposes other than those provided for in the Agreement. This
\nobligation bounds any employees of the parties, who shall only receive the information that is strictly required for the
\nperformance of their duties, with the Buyer ensuring at all times that confidentiality is maintained. The confidentiality
\nobligation shall remain in force for at least two years following the full payment of the supplied Goods.<\/p>\n

XII. Anticipatory breach
\n<\/strong>
\nAny unexpected events such as cases of Force Majeure, changes in the economical or financial circumstances or in the
\nscope of the mutual obligations of the parties that significantly affect the tasks to be performed, etc., shall entitle Sulquisa
\nto withdraw from the Agreement totally or partially with a mere notification in writing and without any liability arising
\ntherefrom.<\/p>\n

XIII. Personal data protection
\n<\/strong>
\nUnder article 13 of Regulation (EU) 2016\/679 of the European Parliament and of the Council, of 27 April 2016, on the
\nprotection of natural persons with regard to the processing of personal data and on the free movement of such data and
\nwith the Law 3\/2018 on the Protection of Personal Data and digital rights management, December 5th : (a) the personal
\ndata of the Parties acquired during negotiation, execution or performance of the Agreement shall be processed by the
\nParties (as data controllers) for the purposes relating the performance of the Agreement or for compliance with legal
\nrequirements, legitimized by the execution of the Agreement; (b) the Parties will keep the personal data during the time
\nnecessary to comply with legal obligations, (c) the Parties’ data shall be disclosed only to consultants or affiliates of the
\nParties or to persons appointed to process the relevant data for the purposes set out in paragraph (a) and shall not
\notherwise be disclosed or divulged to third parties, (e) in relation to the processing of the Parties’ Data the Parties may
\nexercise the rights of access, rectification, objection, erasure, restriction of processing, and data portability through the
\nemail lopd@grupominersa.com.<\/p>\n

XIV. Applicable law and resolution of disputes<\/strong><\/p>\n

The Agreement shall be interpreted exclusively according to the laws of Spain to the exclusion of any other legal system
\nor conflict of law rules. 1980 UN Convention on Agreements for the International Sale of Goods shall not apply. All
\ndisputes arising in connection with the interpretation and enforcement of the Agreement, or any other legal relationship
\nwith the Buyer which cannot be resolved amicably despite having exercised all reasonable efforts, shall be resolved by
\nthe sole competent Courts of Bilbao (Basque Country, Spain) to the exclusion of any other jurisdiction.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/article>\n<\/article>\n<\/section>\n

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