- SCOPE
1.1. The purpose of these provisions is to set out the general terms and conditions of sale of HIERROS ETXEBARRIA S.L. These terms and conditions shall be deemed to have been accepted by the customer once the customer submits a firm order.
- QUOTATIONS
2.1. Quotations shall remain valid for 24 hours, or for a period specified by email.
2.2. Quotations shall specify as precisely as possible the material being quoted, as well as its dimensions, finishes, price, quantities and delivery times, and any specific conditions that may be necessary, whether at the express request of the customer or in the interests of HIERROS ETXEBARRIA S.L.
2.3. Orders relating to quotations must comply with the terms of the quotation, in terms of quantities, price, delivery times or any other condition expressly stated there.
2.4. Any order that does not match the quotation must be reviewed and confirmed by HIERROS ETXEBARRIA S.L.
2.5. The delivery times stated in quotations are subject to the material being in stock. For products requiring specific manufacture by HIERROS ETXEBARRIA S.L., delivery times are indicative and subject to stock availability, production capacity and the supply of raw materials.
2.6. The timeframes specified in the quotations always refer to the time required by HIERROS ETXEBARRIA S.L. to store, handle and prepare the goods for dispatch; transport time is not included in these timeframes.
- ORDERS
3.1. The buyer’s orders are considered firm once they have been received, by any means, by HIERROS ETXEBARRIA S.L.
3.2. HIERROS ETXEBARRIA S.L. shall send written confirmation of receipt and acceptance of the order, detailing all necessary general and specific terms and conditions, where the order details do not correspond to those stipulated in the quotation.
3.3. For orders involving fabrication work, the customer shall be responsible for the accuracy of the drawings, dimensions, tolerances and specifications provided. HIERROS ETXEBARRIA S.L. shall not be liable for errors arising from incorrect or incomplete information provided by the customer.
3.4. Unless otherwise expressly agreed, the standard industry tolerances shall apply with regard to dimensions, weights and finishes; see:
Cutting tolerances for longitudinal profiles: less than 200 mm: ±1 mm; greater than 200 mm: ±2 mm
Cutting tolerances for sheet metal: +/- 1 mm
Bending tolerances for sheet metal: +/- 1 mm
The drawings, designs and technical documentation provided by the customer shall be treated as confidential and used exclusively for the fulfilment of the order, without disclosure to third parties.
3.5. HIERROS ETXEBARRIA S.L. shall deem the new terms and conditions to have been accepted unless the customer expresses their disagreement in writing within a maximum of 24 hours.
- PRICE AND INVOICING
4.1. The products are sold at the price and under the conditions stated in the order confirmation.
4.2. Prices do not include special packaging, additional treatments, specific certifications or transport, unless expressly agreed in writing.
4.3. Invoicing for orders shall be carried out in accordance with the agreement between both parties, in compliance at all times with Law 15/2010 of 5 July 2010 (published in the Official State Gazette on 6 July 2010).
- TERMS OF PAYMENT
5.1. The method of payment established by HIERROS Y ACEROS ETXEBARRIA S.L. for the first commercial transaction is in advance, either by cash payment or by any other guaranteed means of payment (irrevocable documentary credit).
5.2. For subsequent transactions, and provided that the minimum requirements for deferred payment are met, a payment term shall be agreed which shall in no case exceed 60 days, as set out in Law 15/2010 of 5 July 2010 (published in the Official State Gazette on 6 July 2010).
HIERROS ETXEBARRIA S.L. may modify or withdraw the credit terms granted at any time, depending on the customer’s commercial risk.
5.3. Only the collection by HIERROS ETXEBARRIA S.L. of the sum due on the agreed due date shall constitute actual payment; the sending of a bill of exchange, cheque or any other similar document shall not be taken into account, even if these imply an obligation to pay.
5.4. Any amount remaining unpaid on the due date shall incur return charges and financial penalties, set at 1.5% per month; these shall apply from the due date on which payment was not made.
5.5. Whenever there is a single invoice outstanding at the due date, HIERROS Y ETXEBARRIA S.L. reserves the right to claim payment of said invoice by all legal means and, furthermore, from that moment onwards, the claim may include all outstanding payments due in future instalments. In other words, payment of the entire outstanding balance will be demanded.
5.6. In the event of non-payment or arrears on the outstanding balance, HIERROS ETXEBARRIA S.L. reserves the right to suspend pending deliveries, even if they have been previously confirmed, until payment of the debt has been made.
- DELIVERY TERMS
6.1. Unless expressly stated otherwise, the general terms of delivery for goods are Ex Works (INCOTERM 2020).
6.2. Any other delivery method must be explicitly stated in the quotation, the order or the order confirmation.
6.3. Failure by HIERROS ETXEBARRIA S.L. to meet delivery deadlines shall under no circumstances give rise to the imposition of penalties or justify the rejection of the products by the customer, unless this is expressly stated in a specific agreement signed by both parties.
6.4. The quantities delivered may vary slightly in weight, quantity or value from the customer’s initial order and/or the order confirmation, depending on the final configuration of the sales unit. In any event, such variations shall not exceed ±10%.
6.5. The goods shall remain the property of HIERROS ETXEBARRIA S.L. until full payment of the price, interest and associated costs, even if they have been delivered to the customer.
- CANCELLATION OF ORDERS
7.1. The customer may request the cancellation of orders that are not in the process of being manufactured or those that have not involved the specific purchase of materials or products manufactured by HIERROS ETXEBARRIA S.L. to fulfil the customer’s order, provided that the order is firmed and confirmed.
7.2 If the order has already been prepared, and subject to HIERROS ETXEBARRIA S.L. accepting the cancellation, a minimum charge of €100 will be applied to cover preparation and administrative costs, plus any transport costs incurred.
7.3. The cancellation request must be made in writing and will only be considered final once it has been confirmed by HIERROS ETXEBARRIA S.L., which will send written confirmation to the customer.
7.4. Under no circumstances will cancellations be accepted for confirmed orders that are in the manufacturing process or for which the goods have had to be purchased by HIERROS ETXEBARRIA S.L. expressly for the customer’s satisfaction.
- WARRANTY
8.1. HIERROS ETXEBARRIA S.L. guarantees that the supply of materials will be carried out in accordance with the order specifications and the corresponding confirmation.
8.2. Any customer complaint regarding their orders must be received by HIERROS ETXEBARRIA S.L. in writing within a maximum of 15 calendar days from the date of delivery, if the complaint relates to the product supplied (materials, quantities, dimensions, etc.), and within 30 calendar days if the complaint relates to aspects concerning the invoicing of the order. The order and any drawings, if applicable, will be retained for 30 calendar days; after this period, they will be disposed of.
8.3. If, during this period, the buyer has used or consumed the products supplied, or part thereof, the products shall be deemed to have been explicitly accepted as conforming, and therefore no claims shall be admissible.
8.4. Similarly, once these complaint periods have expired, HIERROS ETXEBARRIA S.L. will not accept any complaints in this regard.
8.5. No complaints will be accepted regarding processed materials (cutting, bending, flame cutting) that have been manufactured in accordance with drawings, sketches or instructions provided by the customer.
8.6. Claims must be substantiated and accompanied by samples of compliant and non-compliant products (raw materials, manufactured parts, etc.). As a last resort, and by mutual agreement between the parties, photographic evidence may be accepted.
8.7. The liability of HIERROS ETXEBARRIA S.L. in such cases and in relation to the warranty of its products consists solely of the replacement of the same material, form and quantity or the refund of the amount paid for it, excluding, in all cases, any liability for direct or indirect damage that the supplied materials may have caused to the buyer. The maximum liability in respect of an order delivered and subject to a claim is, in all cases, limited to the purchase price of the product supplied.
8.8. Claims for damage, missing goods or deterioration during transport will not be accepted unless they have been noted on the carrier’s delivery note (CRM) and reported within 24 hours of delivery.
- FORCE MAJEURE
9.1. Strikes, floods, fires, acts of sabotage, disruptions to the communications and transport systems, difficulties in the supply of raw materials, major accidents affecting production, transport or storage, the reorganisation or judicial liquidation of manufacturers or subcontractors, and, in general, all events beyond the control of HIERROS ETXEBARRIA S. L. which result in the prevention or delay of the manufacture or dispatch of the products included in a confirmed order, constitute cases of force majeure which therefore release HIERROS ETXEBARRIA S.L. from any liability regarding compliance with the terms set out in the order confirmation.
- APPLICABLE LAW AND DISPUTE RESOLUTION
10.1. The legal framework within which HIERROS ETXEBARRIA S.L. conducts its commercial activities is governed by the Spanish Commercial Code, as well as by current regulations on International Trade and Export.
10.2. In specific cases, and provided that the parties have entered into specific contracts, the relevant provisions of the Civil Code shall also apply.
10.3. In any event, disputes relating to this matter shall be resolved within the legal framework of the civil and/or commercial courts of Bilbao.