1. The General Terms and Conditions of Purchases detailed below are the only ones that regulate the purchase operations of Ecología Técnica S.A.; if any supplier has particular conditions to be applied, the written acceptance of these by Ecología Técnica S.A. is necessary.
2. Orders placed by Ecología Técnica S.A. must be formalised in writing and contain the details of the materials, lead times, payment method and guarantees. If any of this information is missing, and they are set by the supplier, they shall not be considered contractually binding without the written acceptance of them by Ecología Técnica S.A.
3. No variation in the agreed price shall be accepted if it was not agreed prior to the material being delivered or the service being carried out.
4. A delivery note without indication of value shall be issued alongside the goods delivered or the service carried out, indicating our order number and the place and time of delivery. Each package shall bear its corresponding label, indicating our order number. Deliveries of goods shall be carried out on the day of the date required. In the event of delivery of the order being delayed longer than one week. Ecología Técnica S.A. reserves the right to hold the supplier liable for all damages caused by said delays.
5. Invoices must be addressed to the Administration department, indicating our order number, assigned supplier code, and the date and number of the corresponding delivery notes. In order for an invoice to be processed it must arrive before the 10th of the month following provision of the goods or service, otherwise payment will be delayed by one month.
6. The conditions of payment are established for each supplier. The normal type of payment is via direct debit. In exceptional circumstances, other types of payment may be accepted such as bank transfer or promissory note.
7. Invoices will not be processed until all of the requirements specified in the order have been met.
Invoices with a date earlier than the date indicated as the delivery date for the order shall not be accepted, except where explicitly agreed.
8. Non-compliance with either the delivery date or the guarantees shall be penalised in the manner indicated in the order. Ecología Técnica S.A. may impose a penalty of one percent (1%) of the total sum of the order for each week of delay, until the order is fully completed, with the penalty not exceeding five percent (5%) of the total sum. The buyer may discount the sum of the penalties from pending payments, and this will not imply the renouncement of any legal action that may be open to it.
9. The supplier guarantees that the material and/or equipment supplied is free from defects of design, materials and production for a period of one year of continuous operation or eighteen months after delivery, whichever is shortest. The supplier promises to substitute or correct any material that does not fulfil any of the requirements above, promptly and at no cost to the buyer.
10. The plans, blueprints and drawings, as well as any technical or general information provided to the supplier, such as a supplement or detail of the description of the material or service that forms the subject of the order, are of a confidential nature. As a result, the supplier may not pass them onto third parties for any other purpose other than fulfilling the order.
11. Before the start of the work to be done for Ecología Técnica S.A., the buyer may request the presentation of: the documentation corresponding to the activities the company is carrying out, the documentation demonstrating that all of its personnel are registered with Social Security and that all payments to Social Security are up to date. Insurance policy covering General Civil Liability. Documentation demonstrating compliance with the Law on Workplace Risk Prevention, as well as the names of the persons responsible for the prevention service in their company.
These obligations described above extend to subcontractors hired by the Contractor, and the latter is responsible for their compliance.
In the event that Ecología Técnica S.A. is forced to pay any sum by way of joint liability due to the Contractor's non-compliance with the law referred to in the previous paragraphs, or any other law on social or employment matters, Ecología Técnica S.A. reserves the authority to pass the sum involved onto the Contractor, discounting from the invoices the amounts it needs to pay as a result of paying fines or other acts.
The Contractor promises to carry out the work contracted itself, and may not subcontract it without the prior specific authorisation of Ecología Técnica S.A.
The Contractor is obliged to faithfully comply with all of the provisions established in the Law on Workplace Risk Prevention, as well as the internal rules of Ecología Técnica S.A., accepting the prescriptions and sanctions that may arise from breaches of said rules.
12. Any dispute arising from this contract is subject to the Jurisdiction of Spain, and the parties expressly submit themselves to the competence of the Courts in the city of Manresa.