General contract conditions

  1. PRICES. Prices to be understood for the total scope of our offer, delivered. Prices are firm and not subject to revision except for possible variations in exchange rate, that would be applied on the actual delivery date and on to the total value offered.

  2. PAYMENT CONDITIONS. The payment dates for invoices issued to that effect shall comply with the conditions of deferment reflected in our offer with a maximum of 60 days thereof pursuant to Law 15/2010 of July 5, amending the Law 3 / 2004 of December 29 which states that, since January 1, 2013, the deadlines for payment of all invoices arising from commercial transactions between private companies may not in any case exceed 60 days counted from the date of delivery of goods or provision of services and the express prohibition of contractual agreements between the parties involving an extension of the deferral of fixed payment. Should there has been no return/claim to issued invoice after two weeks from the date of its receipt or four weeks from the date of issuance, whichever comes first, the invoice will be considered compliant, hence it will be paid at the indicated due date.

  3. DELIVERY. The delivery date will start from the date of PREMATECNICA, S.A. acknowledgement of receipt. Any delay in payment of our advanced invoices will delay our delivery in the same days. In case of discrepancy between the order and our acknowledgement of receipt, the latter would prevail.

  4. WARRANTY. Warranty is valid for 12 months from the date of start-up or 18 months from the date of delivery, whichever comes earlier. The warranty is only valid provided that the equipment is conveniently protected, supervised by our technical personnel prior to the start-up, and that the damage is not due to maloperation of the installation. It covers faulty parts but not those damaged due to negligence, lack of preventative maintenance according to our instructions, or bad operation by third parties, and does not cover wear parts. The cost for manpower needed to replace the defective parts shall be invoiced separately, according to our current service fees. The warranty of PREMATECNICA, S.A. does not cover the following points:

  • Failures not reported to PREMATECNICA, S.A. within the guarantee period specified above.
  • Failures or damage due to misapplication, abuse, improper installation, temperature conditions, water, dirt or corrosive elements.
  • Operation failures due to running above nominal capacities or improper handling.
  • Misuse or alteration of goods by personnel not authorized by PREMATECNICA, S.A.
  • Failures and damages due to the use of non-original spare parts.
  1. BONDS. Should bonds be requested; these will necessarily state an expiration date to avoid continued payment of commissions if not returned timely. PREMATECNICA, S.A. shall be entitled to back charge to buyer any additional expenses incurred by the late returning. Performance bonds are not acceptable unless this bond is linked to an advanced payment. In this case, it will be issued one single dual bond which covers both guarantees. Advanced payment bonds may be replaced by a retention amount of 5% of the milestone payment, at vendorĀ“s choice. Advanced payment and performance bonds will be released, latest, against warranty bond.

  2. DOCUMENTATION. The technical documentation (including list, content, format and language/s) to be delivered with each order must be agreed upon and accepted by PREMATECNICA, S.A. prior to the issuance of the order and not once its acknowledgment has been made. The documentation related to occupational risk prevention and any other documentation, training or courses required for the delivery of a product or provision of services by our personnel or contract personnel, must be communicated, agreed upon in the offer phase, and be included in the order and acknowledgment. Any additional document and/or training requested after receipt of the order will be subject to an extra cost and will require the issuance of an extension of the order.

  3. TECHNICAL SERVICES. The date of provision of services (either on the field or remotely) cannot be organized or confirmed until formal purchase order is received, or assistance fees are formally acknowledged, and formal access authorization is obtained from the personnel providing the assistance, once all the required documentation has been approved. Any expense caused by cancellation of the service, due to the impediment of access by our staff, whose access has been previously authorized, will be invoice in accordance with the current offer or rates.

  4. CANCELLATIONS. In case of order cancellation by the buyer, PREMATECNICA, S.A. will invoice the work carried out and the costs incurred to date, also reserving the right to add additional cancellation costs based on the damage generated.

  5. Any order in advance will only be accepted if it contains ALL the necessary instructions and acceptances to ensure that the mutual rights and obligations of buyer and PREMATECNICA, S.A. start simultaneously.

  6. Our ethics are based on honesty, transparency and equality in the development of the activity, health and safety of persons and the integrity of employees, customers and suppliers. The defense of human rights and environmental protection are also cornerstones of our culture. Both for employees, customers and suppliers to seek to share the basic criteria on which we develop our social responsibility policy, available at https://prematecnica.com/en/social.html, and are shared by all.

  7. In compliance with current legislation on data protection, we inform you that these will be treated in accordance with the provisions of our privacy policy for this purpose, available at https://prematecnica.com/en/privacidad.html.

  1. These general conditions govern all purchase operations arranged by PREMATECNICA, S.A., unless exception previously negotiated and accepted in writing by PREMATECNICA, S.A. Any other conditions that contradict the conditions stipulated herein are not accepted.

  2. The express or tacit acceptance of order implies the full understanding and acceptance of these general conditions, and the compliance with all the rules and safety instructions of PREMATECNICA, S.A. The fact of serving an order means the acceptance of the conditions and prices contained therein by the supplier.

  3. The prices indicated in our orders are understood for goods or services placed at destination, all taxes included and, in general, any levy that taxes the goods or services subject to your order or supply, unless otherwise indicated, and are considered fixed and not reviewable. Any change afterwards that may raise the price must be accepted in writing by PREMATECNICA, S.A.

  4. The agreed delivery time will be strictly respected, and its non-compliance may result in the cancellation of the order and/or the application of a penalty of 1% of the total amount of the same for each week of delay, up to a maximum of 10%.

  5. All our purchases are understood to be delivered ex-works. If another place is indicated for delivery, it does not nullify or revoke this condition.

  6. All goods will carry with them their corresponding packing list (in double copy) which will be delivered to the place and conditions indicated in the order. The purchase order number of PREMATECNICA, S.A. and goods details must be clearly specified in the packing list. The reception of goods at PREMATECNICA, S.A. premises is from Monday to Thursday, from 8 hours to 16 hours, and Friday from 8 hours to 14 hours. In any case, the order must include specific delivery instructions to facilitate the process.

  7. All shipments will include an external label indicating the order number of PREMATECNICA, S.A. and the total number of lumps that integrate it.

  8. On January 1, 2023, in compliance with Law 7/2022, a tax on non-reusable plastic packaging entered into force in Spain. In case, purchased goods are coming from outside of Spanish territory, please provide required data as per https://www.prematecnica.com/en/COM2302.html.

  9. Goods that are not delivered together with their packing list and the data specified in the preceding paragraphs and cannot be identified in relation to any of our orders, will be returned to the supplier in due shipping at his cost.

  10. The supplies shall be in accordance with the characteristics indicated in purchase order and data sheets or requisition for purchase attached to the purchase order/request for quotation. All documentation exchanged and agreed, during the bidding phase will form an integral part of the scope of the order.

  11. The supplier warrants that the goods and services provided are in good condition, that meet the conditions specified in the order and are executed in accordance with the materials offered, designs shown and by expert labor. The supplier is obliged to repair or replace defects or defective materials, free of charge for PREMATECNICA, S.A. Supplies received shall not be considered firmly accepted until the quantity and technical specifications and quality are checked and in compliance with requirements. Any impact due to non-compliance on above mentioned requirements may be passed on to the supplier by deducting from invoice.

  12. PREMATECNICA, S.A. reserves the right to return materials that are not received in accordance with the specifications of the order. In this case, the costs incurred by such return will be borne by the supplier.

  13. Invoices must be sent for each supply in electronic format to proveedores@prematecnica.com. Any invoice must include: the specification that allows to identify the goods received, both PREMATECNICA, S.A. purchase order and VAT number, and the packing list number. As general rule, except for accepted exceptions, it shall be issued a single invoice per order number.

  14. The general payment conditions, except when duly justified and agreed on request, are 60 days date receipt invoice by transfer, payment day 25 of each month.

  15. The particular conditions of the order such as specifications, Incoterms, documentation to be delivered, quality control, payment milestones, packaging, deadlines, penalties, warranties, bank guarantees, insurances and any other contractual information of interest, will be detailed in the purchase order or this will refer to the corresponding request for offer /requisition for purchase where such conditions are stablished.

  16. PREMATECNICA, S.A., unless indicated in writing, does not authorize the supplier either to include PREMATECNICA, S.A. in their reference lists, or to publish technical notes, photographs or images relating to the material provided with an express indication of name, or to communicate the process wherein such material is used. Subcontracting, order assignment or credit is also not permitted unless expressly authorized. All information provided to the supplier as a result of the order award, including but not limited to the drawings, designs and specifications shall be considered confidential,, so it is obligated to not disclose the information or transfer its copies or reproductions to third parties without prior written consent by PREMATECNICA, S.A., with the exception of that which is in the public domain or required by the administrative or judicial authority. The supplier will be responsible for its employees or professional advisors, who have had access to this information, so that they fully respect this obligation, reserving PREMATECNICA, S.A. relevant legal actions in defense of their interests, in relation to non-compliance with this obligation.

  17. The acceptance of the order implies that the supplier submits, in the event of a dispute, to the jurisdiction of the courts of Madrid, expressly waiving the jurisdiction that may assist it.

  18. Our ethics are based on honesty, transparency and equality in the development of the activity, health and safety of persons and the integrity of employees, customers and suppliers. The defense of human rights and environmental protection are also cornerstones of our culture. Both for employees, customers and suppliers to seek to share the basic criteria on which we develop our social responsibility policy, available at https://www.prematecnica.com/en/social.html, and are shared by all.

  19. In compliance with current legislation on data protection, we inform you that these will be treated in accordance with the provisions of our privacy policy for this purpose, available at https://prematecnica.com/en/privacidad.html.

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