GENERAL TERMS AND CONDITIONS OF SALE
1. OBJECT AND SCOPE OF APPLICATION, AND PRODUCT CHARACTERISTICS
1.1 The current general terms and conditions of sale will govern contractual relations between Cristalería Pontevedresa SL and the Buyers resulting from sales made by Cristalería Pontevedresa SL to the latter through the orders commissioned by said Buyers and accepted by Cristalería Pontevedresa SL.
1.2 The general terms and conditions of sale exclude the application of any of the Buyers’ general conditions of purchase.
1.3 The descriptions and photographs contained in the catalogues are for information purposes only. Cristalería Pontevedresa SL reserves the right to modify the composition of the product, either partially or totally, at any time and without prior notice.
2.1 The fact that a Buyer places an order with us is sufficient acknowledgement that the Buyer is aware of and fully accepts our general terms and conditions of sale.
2.2 The Buyer will place orders with Cristalería Pontevedresa SL in writing via fax or electronic mail, specifying units, measurements, composition and other details deemed advisable.
2.3 Orders will be considered firm once the quotation has been accepted or once the order has been issued by Cristalería Pontevedresa SL, in accordance with the Buyer’s request. From that moment on, no cancellations will be accepted, and Cristalería Pontevedresa SL reserves the right to invoice the costs incurred. In this case, orders underway and cancelled at the Buyer’s request will be invoiced for the costs incurred until the moment of cancellation.
2.4 Any modification to the characteristics outlined in the original order taking place after validation by the technical department will automatically result in a modification of said original order.
2.5 Cristalería Pontevedresa SL is not obliged to accept any order and therefore reserves the right to refusal, with no liability whatsoever arising from said refusal.
3. TERMS OF DELIVERY
3.1 The terms of delivery are for information purposes and under no circumstances shall constitute a reason for total or partial cancellation of the order, nor a reason for any claim for liability whatsoever.
3.2 In the event that the delivery date is indispensable for the Buyer, the Buyer shall specify this in writing when the order is placed. In any case, Cristalería Pontevedresa SL will endeavour to manage and supply the orders within the delivery times agreed in the order, provided that resources and production capacity allow it. Partial delivery of the order can also be made, and each partial delivery will be liable for payment by the Buyer.
3.3 The merchandise will be delivered to the location stipulated by the Buyer. To that end, the Buyer shall state the place of delivery, ensuring accessibility and the provision of appropriate unloading equipment and necessary permits. If failure to deliver is caused by reasons attributable to the Buyer, the Buyer shall cover all the costs arising from non-compliance, including any administrative sanctions.
4.1 The selling price is indicated in the offers, order confirmations and the current pricing when the order is received or in the specific conditions agreed between Cristalería Pontevedresa SL and the Buyer. The pricing of merchandise can only be raised between the date of acceptance and the date of payment of the order in the following circumstances:
- The Buyer modifies the characteristics of the product in the period outlined above.
- Additional costs to the goods or to their supply as a result of a request from the Buyer.
4.2 Cristalería Pontevedresa SL reserves the right to review and vary the sales prices indicated in the current pricing.
4.3 Transport and packaging costs will be met by the Buyer. Delivery and transport terms and conditions will be expressly agreed for orders outside mainland Spain or for another country.
4.4 Sales invoices will include all taxes set down in the current legislation on the date of issue of the invoice.
5. TERMS OF PAYMENT
5.1 Payment of the price of goods will be checked in the agreed period and manner and, in any case, in compliance with article 4 of Law 3/2004, dated 29 December.
5.2 Cristalería Pontevedresa SL reserves the right to set a credit limit for each Buyer and to subordinate delivery of the goods based on said limit and/or presentation of a security for payment. In the event of any delay or payment issue, Cristalería Pontevedresa SL will proceed to recover the goods pending payment and/or begin legal proceedings to that end, reserving the right to claim for damages, in particular legal costs and charges. Until the appropriate risk classification is issued, the first goods purchased will be paid by bank transfer, on placement of the order.
5.3 Once the credit rating has been granted, the amounts invoiced will be drawn on the bank account provided by the Buyer, except in the event of a specific agreement between the parties.
5.4 The invoices issued by Cristalería Pontevedresa SL for the delivery of products or provision of services in accordance with the Buyer’s order shall be paid in full, with no deduction of any kind, on the dates stipulated and in compliance with the agreed terms and conditions of payment.
5.5 Until payment is made in full, the goods remain the exclusive property of Cristalería Pontevedresa SL. In the event of non-payment, the Buyer authorizes Cristalería Pontevedresa SL to withdraw any remaining products from the Buyer’s premises.
5.6 Any outstanding payment on the maturity date will automatically incur interests, without prior notification and at the legal interest rate prevailing in Spain at that time, plus a 2% differential interest rate, with a minimum interest rate of 8%.
5.7 If Cristalería Pontevedresa SL is of the opinion that the Buyer’s risk rating has varied, all invoices in circulation will immediately become due, and payment will be required. Moreover, the method of payment in force from that moment will be by bank transfer on confirmation of the order.
6.1 Cristalería Pontevedresa SL shall deliver the products in accordance with the prevailing 2010 Incoterms rules stipulated with the Buyer on confirmation of the order.
6.2 When Cristalería Pontevedresa SL is responsible for transport, if on delivery the Buyer observes any damage to fittings or breakage of glass, the Buyer shall record this on the delivery note and present the corresponding claim in less than 24 hours. If both these conditions are not met, the Buyer will lose the right to claim damages for the goods in question and will be invoiced accordingly.
7. GUARANTEE AND LIABILITY
7.1 Cristalería Pontevedresa SL will deliver the quantity and quality of goods, duly packed according to the provisions of the contract. In the absence of express provision, goods will be packed in the standard packaging for this kind of merchandise. Without prejudice to the above, the products suppled will be subject to internal standards and tolerances, unless otherwise agreed.
7.2 Cristalería Pontevedresa SL assumes the warranty of its products, in the express understanding and agreement that said warranty shall be limited to the replacement of defective products, to the exclusion of any other compensation, damages or interest.
7.3 Moreover, said warranty does not cover damages not attributable to the product or damages arising from negligent handling or breakages of glass.
7.4 The Buyer is solely responsible for the choice of product purchased, and for the use or function to which that product is intended. For that reason, unless expressly specified by Cristalería Pontevedresa SL, the latter neither assumes responsibility nor guarantees that the product is suitable for the technical applications understood by the Buyer, or that it will partially or totally meet the objectives anticipated by the Buyer on purchasing the products. In this regard, the Buyer shall not have the right to return the products or to claim a refund. Verbal or written guidance provided by Cristalería Pontevedresa SL for the Buyer, in terms of the products the Buyer is developing, does not exonerate the Buyer of their obligation to test the product supplied in order to determine its suitability for the processes and uses to which it is intended.
8. CLAIMS AND RETURNS
8.1 Buyer approval of the amount of products delivered with regard to an order will be given when the Buyer signs the corresponding delivery note at the moment of delivery. If the Buyer makes no claim regarding the amount, Cristalería Pontevedresa SL shall assume no liability whatsoever. In the event of the delivery of products different from those ordered or of damages to said products, the Buyer can make a claim within seven days. In the event of the Buyer detecting a defect that is internal or not apparent, the period in which the Buyer may lodge a claim is up to 30 days after receipt of the goods.
8.2 Claims must indicate the date, delivery reference number, delivery note number and delivery date. All claims relating to orders must be made in writing. Goods returned will only be accepted for reasons attributable to Cristalería Pontevedresa SL, according to the following conditions:
- Only standard parts will be accepted. Special parts cannot be returned.
- All returns must be expressly accepted by Cristalería Pontevedresa SL beforehand.
- Goods must not be returned later than seven days after delivery, with the exception of fittings, which can be returned up to 30 days post-delivery.
8.3 The Buyer will assume responsibility for any damages caused by incorrectly positioning or applying the products.
8.4 In the event of inadmissible returns, Cristalería Pontevedresa SL reserves the right to charge the Buyer to the value of the goods and the costs incurred.
8.5 In no circumstance whatsoever will the notification of damages give the Buyer the right to suspend or delay their compliance with their obligations.
8.6 Once the claim has been received and accepted, Cristalería Pontevedresa SL may decide to repair the damage, replace the product and/or cancel the sale of the damaged product and refund each part, assuming transport or replacement costs, excluding other costs or penalties such as dismantling, installation, processing, cost of plant stoppage, loss of profits, product development risk, etc.
9. TEMPLATES AND MOULDS
9.1 Template perimeters shall be perfectly defined; templates shall have no folds, be in one piece, be made of Okume veneer or another type of rigid material, preferably be white and have a maximum thickness of 15 mm. Template costs will be met by the Buyer.
9.2 The moulds required for orders of curved parts will be the responsibility of the Buyer, unless expressly agreed otherwise. If the Buyer sends their mould, they are responsible for packaging and transport to the premises of Cristalería Pontevedresa SL. The Buyer is also responsible for ensuring that the mould is suitable for their needs.
9.3 The templates required to complete the order will be the responsibility of the Buyer, unless expressly agreed otherwise. If the Buyer sends their template, they are responsible for packaging and transport to the premises of Cristalería Pontevedresa SL. The Buyer is also responsible for ensuring that the template is suitable for their needs.
10.1 When the goods are delivered in our racks, the Buyer has up to 30 days maximum to return them. After this period, the Buyer will be charged in the next invoice.
11. VALIDITY AND FORCE MAJEURE
11.1 Cristalería Pontevedresa SL reserves the right to partially or totally modify these general terms and conditions of sale.
11.2 The updated general terms and conditions of sale are at the disposal of all our Buyers on our website: www.pontevedresagroup.com
11.3 Cristalería Pontevedresa SL shall not be held responsible for any delay or failure to comply with their obligations to the Buyer in the event of fortuitous events or force majeure that affect Cristalería Pontevedresa SL, their suppliers or hauliers, including strike action, other labour or industrial contingencies, the lack of or impossibility of obtaining raw materials, etc. If the cause of force majeure persists for more than two months, Cristalería Pontevedresa SL or the Buyer may consider existing orders of products annulled and void, and the Buyer shall have no right to compensation of any kind.
12.1 These general terms and conditions of sale shall be interpreted according to the prevailing legislation in Spain and always in good faith.
12.2 As user and Buyer, the Buyer accepts all the conditions of sale set down herein relating to the purchase of each product acquired from Cristalería Pontevedresa SL.
12.3 Any difference or cancellation of these general terms and conditions of sale will be subject to the jurisdiction of the courts of Pontevedra, Spain, taking into account that the legal costs, if any, shall be met by the infringer.
12.4 Cristalería Pontevedresa SL reserves the right to totally or partially terminate these general terms and conditions of sale, either generally or specifically.