Purchase conditions

These General Purchasing Conditions shall be applicable in all the purchase/sales or supplies in which the acquirer or buyer is GRES ARAGÓN, of merchandise, machinery and other items -henceforth, the PURCHASE ITEM- in which no specific contract has been entered into by GRES ARAGÓN and the SELLER. They shall be published for general knowledge of all the sellers in the GRES ARAGÓN website.

The PURCHASE is documented in GRES ARAGON’s purchase order -henceforth, the PURCHASE ORDER- and, where applicable, in the document by which the seller accepts the PURCHASE ORDER. The acceptance of the PURCHASE ORDER by the seller entails the acceptance by the latter of these General Purchasing Conditions in that purchase or supply, which shall be the only ones that will regulate it, even in the case where the seller may set out some general or similar selling conditions, whose application shall be fully substituted by these general purchasing conditions.

If the seller wants to insert any clause, pact or condition into the purchase or supply that is different from those regulated in the PURCHASE ORDER or in these General Purchasing Conditions, the seller must expressly request it in its PURCHASE ORDER acceptance document and obtain from GRES ARAGÓN its express and written conformity with said request. The reference to its general conditions shall be considered as not being made unless they had been expressly accepted in writing by GRES ARAGÓN.

In the absence of a PURCHASE ORDER acceptance document, the beginning of any work or the implementation of any act by the SELLER that involves starting to carry out the PURCHASE ORDER shall be understood as acceptance of the PURCHASE ORDER by the seller.

The price and payment method shall be those specified in the PURCHASE ORDER. In case no payment method is specified in the PURCHASE ORDER, its price shall be paid by bank transfer 45 days from the invoice date, with payment being due on the 15th or 25th of the corresponding month, whichever date is nearest to the expiration of the 45 day period from the invoice issue.

The delivery place, date and condition shall be those indicated in the PURCHASE ORDER.

Delivery must be accepted by GRES ARAGÓN whenever it is performed on the delivery date indicated in the PURCHASE ORDER and when the PURCHASE ITEM meets the integrity of the PURCHASE ORDER specifications and that which is required by the Spanish legislation in force on the delivery date for acquisition by GRES ARAGÓN and for its use in industrial or any other type of work.

The PURCHASE ITEM shall not be considered delivered until, likewise, the documentation has also been delivered as requested in the PURCHASE ORDER and in the legislation to transfer ownership of the PURCHASE ITEM, as well as that required for the obtaining of any permit or authorisation necessary for its operation.

If the PURCHASE ITEM is delivered packaged or if conducting an analysis is necessary to determine its quality, and if GRES ARAGÓN’s quality controls clearly show that the PURCHASE ITEM does not comply with the agreed quality, GRES ARAGÓN may reject the PURCHASE ITEM in the period of seven days from the delivery of the PURCHASE ITEM, with the seller having to remove it, with all the expenses that this entails being payable by the SELLER.

In case of a disagreement concerning the quality of the PURCHASE ITEM between GRES ARAGÓN and the seller, it shall be submitted for an expert opinion from an official organisation competent in the subject, chosen by GRES ARAGÓN, in order to conduct an alternative analysis, with this opinion being binding on both parties. The costs of this opinion shall be paid by the party against whom the disagreement is decided.

In case of non-compliance with the delivery date, GRES ARAGÓN can choose (i) to terminate the PURCHASE ORDER and reject the delivery of the PURCHASE ITEM, with the SELLER having to reimburse, where applicable, the amount previously paid by GRES ARAGÓN, as well as all the damages and losses caused by the SELLER, or else (ii) to accept it, applying a penalty equivalent to 5% of the amount of the PURCHASE ORDER for each week of delay, with a limit of 50% of the PURCHASE price. These amounts can be discounted from the price pending payment.

GRES ARAGÓN and the seller shall pay the expenses that correspond to each one according to the Incoterms set out in the PURCHASE ORDER or, failing that, according to the delivery terms established therein.

In absence of an agreement in which a guarantee of longer duration is granted, the seller guarantees the PURCHASE ITEM for a period of two (2) years from the date in which the PURCHASE ITEM was delivered. This period shall begin again if any repair or substitution of guarantee on the PURCHASE ITEM is carried out in accordance with this clause.

The guarantee covers all the repair and/or substitution expenses of the PURCHASE ITEM, both of manpower and materials and other expenses such as, including and without limitation, travel, food allowances, transport, ..., which will all be payable exclusively by the seller.

The seller guarantees that the PURCHASE ITEM does not infringe on any intellectual and industrial property right of any third party. Furthermore, the seller exempts GRES ARAGÓN from any liability in which it might incur regarding the PURCHASE ITEM derived from any industrial and/or intellectual property rights of third parties, for whatever reason, and shall immediately reimburse GRES ARAGÓN for all the amounts that the latter has had to pay due to the foregoing condition.

The SELLER shall report on the delivery slips the quantities, type, recycling percentage of single-use plastic packaging that the PURCHASE ITEM contains. In case of containing recycled materials, it must deliver a certificate of recycled plastic content issued by an entity accredited by ENAC (National Entity of Accreditation).

GRES ARAGÓN applies quality, environmental and energy-efficiency criteria on its PURCHASE ORDERS. Annually, GRES ARAGÓN carries out continued evaluation of the SELLERS according to the incidences detected. This evaluation only applies to SELLERS to whom GRES ARAGÓN has made more than ten (10) PURCHASE ORDERS annually or that the total amount of the PURCHASE ORDERS in a year exceed an amount of six thousand euros (€6,000.00).

If the rate of incidence or defects in the PURCHASE ORDERS submitted to analysis exceeds 10%, GRES ARAGÓN can request the SELLER to take corrective actions. If the incidence rate is over 25%, GRES ARAGÓN will decide if the supplier is terminated as habitual SELLER, informing it of such circumstance, being able to terminate the current periodical supplies.

Neither of the parties may assign the rights and obligations of the PURCHASE ORDER without the written consent of the other party, the sole exception being that GRES ARAGÓN can assign the PURCHASE ORDER, fully or partially, to any of the companies that form part of its group of companies.

GRES ARAGÓN and the SELLER shall each pay the expenses that correspond to them according to the delivery conditions laid out in the PURCHASE ORDER.

With the exception of the VAT, which will be paid by the one to whom it legally corresponds, any other tax associated with the purchase or supply shall be paid by the SELLER.

In case of non-compliance and/or lack of timely compliance or defective compliance of any of the SELLER’s obligations, GRES ARAGÓN shall have the right to notify the total or partial termination of the PURCHASE ORDER or the suspension of its implementation, fully or partially, with the SELLER being liable for any damages and losses the termination may cause GRES ARAGÓN. This shall be done by means of a written notification from GRES ARAGÓN addressed to the SELLER.

The personal data of natural persons -the Data- that are provided or have been provided in relation to a PURCHASE by one of the parties to the other, whether they are of their representatives, workers, subcontractors’ workers or any other natural person -hereinafter the Stakeholders-, shall be processed by the other party exclusively for the purpose of carrying out the PURCHASE and to comply with all the legal and contractual obligations derived therefrom.

The Data shall be preserved during the execution of the PURCHASE and, once this has ended, while it is necessary in order to comply with any legal obligation. The Parties can preserve their respective copy of the CONTRACT on paper or on a digital medium according to their respective filing rules.

So that the Stakeholders may exercise, in the legally provided cases, the rights of access, rectification, deletion, opposition, limitation of processing and portability of their Data, GRES ARAGÓN, with respect to the Data provided to GRES ARAGÓN, designates the following email address: datospersonales@samca.com.

The Stakeholders may also present a claim to the Spanish Data Protection Agency (www.aepd.es).

The seller declares that it knows the Code of Ethics and the Compliance Policy of the SAMCA Group, which have been made available through the following link https://grupoSAMCA.com/cumplimiento-normativoand it undertakes to maintain, either directly or through its suppliers, contractors and/or subcontractors, during the execution of the PURCHASE, conduct in keeping with the current laws at every moment and with the Code
of Ethics and the Compliance Policy of the SAMCA Group.

The PURCHASE shall be governed by Spanish legislation.

Download the purchase conditions of GRES DE ARAGÓN S.A