Definitions
“Company” shall mean the company QUIMIBERICA SA.
“Customer” shall mean the individual or legal entity contracting with the Company to acquire goods or services.
“Product” shall mean the object of the commercial relationship formalized between the Company and the Customer.
“Order” shall mean the offer of a product made by the Company that has been accepted by the Customer, either in writing or verbally.
General Provisions
These General Sales Terms (hereinafter referred to as GST) shall govern the contractual relationships between QUIMIBERICA SA and its Customers, derived from the sales of Products made by the Company to the Customer based on the Orders placed by the latter and accepted by the Company.
The Customer accepts the GST by placing an order for Products with the Company, having prior knowledge of their content, either because the Company has provided a copy, because they are displayed on the Company’s website, or because they are deemed incorporated into all documents exchanged between the parties concerning the purchase and sale of the Products.
The GST exclude the application of any general purchase conditions of the Customer.
Any modification, addition, or difference in terms and conditions (i) that may appear in any communication from the Customer or (ii) inferred from usual trade practices, the course of negotiation, or supply practices, even if allegedly adding or modifying these GST, shall not supplement or modify these GST under any circumstances, nor shall they be effective or binding unless the parties acknowledge the modification of these GST in writing and signed by the authorized representatives of both parties.
In the event of inconsistency between the Spanish version of these GST and a version in another language, the Spanish version shall prevail.
Technical Advice
The Company may voluntarily provide technical advice to the Customer on the correct use of the Products.
Such advice shall be considered a mere recommendation, with no liability or commitment.
The content of the Company’s documentation (catalogs, technical sheets, offers, etc.) is informative and does not in itself create any commitment or contract with the Customer.
The primary language of all Company documentation is Spanish; in the event of translation into one or more foreign languages, only the Spanish text shall be valid in case of dispute.
Orders
The selection and purchase of a Product are the sole responsibility of the Customer.
Offers and quotes made by the Company are non-binding and shall not be considered a firm order by the Company. The contract is formalized through the Customer’s Order and the Company’s explicit acceptance.
Notwithstanding the foregoing, even if accepted by the Company, the Order shall be subject to a resolutory condition in the event that:
- The Customer fails to pass the credit and solvency analysis conducted by the Company, or
- The Customer exceeds the credit limit set by the Company, based on its credit status, purchase volumes, and guarantees provided by the Customer, among other factors.
In such cases, the Company may choose to:
- Suspend or cancel the Order.
- Request additional guarantees for payment of the products.
Order Modifications
Any modification of an Order already accepted by the Company, requested by the Customer, shall require the Company’s consent.
In case of any modification of the Order, the Company may:
- Accept the modifications, issuing a new Order in accordance with these GST.
- Reject the modifications, maintaining the original Order.
- Reject the modifications, canceling the Order.
The Company will only accept modifications and/or variations in the design, scope, deadlines, or other terms of an Order if these are notified by the Customer in writing and in a timely manner.
Order Cancellation
Orders for non-standard products or special manufacturing already accepted by the Company cannot be canceled.
To cancel orders for standard products accepted by the Company, written consent will be required.
Price, Taxes, and Transport
The price of the Products supplied shall be the one communicated by the Company to the Customer prior to the purchase order or, failing that, the current general price list.
Delivery Period
The delivery periods indicated by the Company are approximate and provided for informational purposes only.
Quantity
The quantity requested for the supply of Products shall be considered approximate.
Customer Storage
The Customer is responsible for having adequate storage capacity to receive the requested Product quantity.
Returns
The Company shall only accept returns that comply with the conditions specified in this section.
Billing and Payment
Invoice payment is essential. The Customer shall pay the billed amount by bank transfer to the account specified by the Company.
Retention of Title
The Company shall retain ownership of the delivered or sold Products until full payment is received.
Packaging and Waste Management
Once the packaging is delivered to the Customer’s facilities, the Customer shall bear full responsibility for it.
Application of RD 679/2006 (Sigaus)
The Company is affiliated with the Integrated Management System for Used Oils (SIGAUS).
Responsibilities
Limitation of Liability
The Company’s liability shall not include damages derived from loss of profit, revenue, production, or use.
Responsibility for Product Selection or Use
The Company is not responsible for claims arising from incorrect product selection or use.
Warranty
The Company does not guarantee the merchantability or suitability of the products for a specific purpose.
Products from QUIMIBERICA, S.A. are covered by a legal warranty (Warranty Law) for non-conformities under the General Consumer and User Protection Law (Royal Legislative Decree 1/2007, November 16), provided that the storage conditions specified in the technical sheets of the products are met.
The technical sheets shall also specify the duration of the product’s warranty.
Force Majeure
The Company shall not be liable for any delay in fulfilling its obligations to the Customer due to force majeure.
Industrial Property
The trademarks and trade names of the Products are legally registered and are the property of the Company.
Confidentiality
During the term of the contract and for five years thereafter, the Customer shall maintain confidentiality regarding all information received from the Company.
Governing Law and Jurisdiction
Contractual relationships shall be subject to the Ordinary Jurisdiction of the Courts of Logroño, La Rioja.