General Terms of Sales
General Terms of Sales
1) ACCEPTANCE OF CONDITIONS: All offers from voestalpine High Performance Metals Ibérica, S.A.U. are subject to written confirmation from the customer accepting the conditions of our offer, as well as the general conditions of sale that form an integral part of the same, from which moment they will be considered as a firm order.
In the event that the customer wishes to place an order in writing, the order must contain, in any case, a description of the products to be purchased, the quantity, price and total amount, date and place of delivery and also have the express confirmation of voestalpine High Performance Metals Ibérica, S.A.U. in order to be binding.
2)PRICES: Prices may be subject to internal variations or variations due to external factors. The surcharge for alloy, scrap and energy in force at the time of supply will be applied, these concepts will be broken down in the offer. In parts with cuts or machining to measure, the price corresponding to this service will be applied, as indicated in our offer, broken down or reflected in the cost of the part.
Transport and packaging are not included in the price. The packaging or pallets will be used according to safety criteria in handling loads and the latter are considered returnable. Their price will be charged on the invoice and will be paid on return. The return of packaging will be coordinated through our customer service. Prices do not include taxes.
3)VALIDITY OF OFFERS: All offers are subject to a period of validity which will be indicated on the offer, except for expressly stated extensions. Delivery times are approximate and are subject to product availability, unless otherwise indicated.
4)DELIVERY AND ACCEPTANCE OF THE PRODUCT: In cases where the material travels on behalf of the buyer, voestalpine High Performance Metals Ibérica, S.A.U. shall not be liable for any damage, deterioration or loss that occurs from the time of delivery to the carrier.
The weight invoiced corresponds to the actual weight of the product delivered. voestalpine High Performance Metals Ibérica, S.A.U. makes available to its customers the calibration procedures and records of its weighing equipment carried out by accredited external calibration laboratories.
If any additional approval or certification is required, this must be indicated at the time of the request for quotation.
If the application of the materials offered is considered critical because of the possibility of damage to persons or property, this must be stated at the time of the request for quotation.
The products indicated as Tool Steel / High Speed Steel in our catalogues are primarily intended for use in tool and cutting tool manufacturing applications, voestalpine High Performance Metals Ibérica SAU is not responsible for any damage caused by their use in other applications.
RE-EXPORT: The purchasing party undertakes not to carry out any act of trade prohibited by international embargoes and other restrictive export regulations established in Spanish legislation or in the regulations or agreements of international organisations, binding on companies based in the states of the European Union.
The Customer is aware of the regulations of the European Union and the USA concerning sanctions against Iran and Syria (EU No. 961/2010) Regulation (EC No. 423/2007) as well as regulations against Russia (EU No. 2022/0576+0580+0581) and against Belarus (EU No. 2022/577) and similar regulations or legal provisions in force, as well as voestalpine group policies to control that none of our products will be delivered to Iran, Syria, Russia or Belarus (‘General Regulations’). Customer shall comply with these Regulations in their entirety regardless of whether they apply to itself and shall not (i) deliver the Products directly or indirectly to Iran, Syria, Russia or Belarus or resell the Products to any person or entity that to its knowledge may do so (ii) or otherwise breach these legal regulations.
DELIVERY DEADLINES: Delivery deadlines are understood to be from the date of order confirmation and are respected except in cases of force majeure. The seller undertakes to inform the buyer of any delays caused by difficulties or alterations in production. No penalties are allowed for deviations from the originally confirmed delivery date.
GOODS APPROVAL. No returns will be accepted without prior written authorisation from voestalpine High Performance Metals Ibérica, S.A.U. In the event that the customer requires checks prior to delivery of the goods, this must be expressly stated in the purchase order. The inspection may be carried out at our premises and by our personnel or by personnel employed by the customer, by third parties or by expert appraisers, the costs of such inspections being borne by the purchaser. The maximum period for carrying out the inspection is set at 5 working days from the date of notification, after which the seller will carry out the inspection. The material declared suitable in the inspection may not be subsequently rejected, and voestalpine High Performance Metals Ibérica, S.A.U. reserves the right to make deliveries irrespective of any reservations made by the purchaser.
CANCELLATIONS OR MODIFICATIONS OF ORDERS: These are subject to prior review of the status of the order. The costs caused by such cancellation or modification of orders in progress will be charged.
All products belonging to the additive manufacturing service (both inserts and single parts as well as advanced manufacturing products) are warranted to meet the contracted specifications and shall be tested upon receipt to notify possible defects if any. Products that undergo post-processing, assembly or further use not previously specified are not warranted, except for defects against the contracted specifications that are not subject to incoming inspection and that have been proven to be the sole and direct cause of voestalpine High Performance Metals Ibérica S.A.U. (in which case, such defects must be reported immediately after recognition). No guarantee of performance or suitability is given for applications not specified above.
CLAIMS: If the material has visible defects, a complaint must be made within a maximum of 10 days of receipt. If there are internal defects that are only noticeable when using the material, the purchaser must immediately stop the processing and contact our customer service department in order to obtain data or samples as quickly as possible to find the cause of the non-conformity. It is necessary to provide details of the purchase of the material, as well as other technical details on the handling of the material or production of parts. The maximum period for notifying these claims is 3 months from delivery. If necessary, the seller shall carry out the necessary tests to determine the cause of the complaint. Costs arising from handling, treatments or production processes carried out on the material are explicitly excluded from the complaint. In accordance with our quality system, we collect and record suggestions and complaints from our customers in order to determine the causes of possible complaints and to try to improve our products and services.
5)TERMS AND METHODS OF PAYMENT: The purchaser shall make payments on time in accordance with the terms and conditions set out in writing in our offers and/or order confirmations or contracts with the customer. Payment documents (cheques, promissory notes and transfers) shall only be made payable to voestalpine High Performance Metals Ibérica, S.A.U.
In the event of non-compliance with the payment deadlines agreed in this contract, the corresponding interest for late payment shall be applied in accordance with Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions. The costs arising from this non-compliance shall also be borne by the debtor. The non-fulfilment of the commitments entitles voestalpine High Performance Metals Ibérica, S.A.U. to immobilise parts of the order or pending orders without prejudice to the exercise of the actions it considers appropriate for the collection of the supply/s made as well as the costs derived from the delay and/or costs of the orders of productions in progress.
In the event of non-payment on the due date of a single payment instalment and after 15 days have elapsed since its notification via certification, voestalpine High Performance Metals Ibérica, S.A.U. reserves the right to demand immediate payment of the outstanding balance of the credit and/or to terminate the sale, with the automatic right to restitution of all the material sold. The sums already paid by the purchaser shall be attributed to voestalpine High Performance Metals Ibérica, S.A.U. as damages, and voestalpine High Performance Metals Ibérica, S.A.U. reserves the right to make any other claim it deems appropriate.
6)DATA PROTECTION: In accordance with the legislation in force, the purchaser’s data are included in the customer file for which voestalpine High Performance Metals Ibérica, S.A.U. is responsible. Said data will be used exclusively for the purposes foreseen. The purchaser shall have the right to access, rectify, delete, oppose, limit the processing and portability of their data, as well as to revoke their consent at the address C/ Andorra 59-61 08840 Viladecans-Barcelona.
7)CONFIDENTIALITY: All documentation provided within the framework of the business relationship by voestalpine High Performance Metals Ibérica, S.A.U. shall be confidential and shall be considered its property. The purchaser is obliged to maintain the strictest confidentiality indefinitely and not to copy or make available or transfer such documentation to third parties, using it only for the purposes foreseen in this business relationship. Drawings, illustrations, weight indications, performance data and other technical data are provided only as approximate, unless they are qualified as ‘absolutely definitive’. These documents shall also be treated as confidential. Distribution to third parties is subject to the express approval of voestalpine High Performance Metals GmbH.
8)APPLICABLE LAW AND JURISDICTION: The General Terms and Conditions of Sale are applicable to any sale and purchase transaction and provision of the services described or included in any of its forms. Any other terms or conditions that may apply are excluded. For the resolution or interpretation of any difference or question relating to sales and their consequences, the Courts and Tribunals of Barcelona shall have jurisdiction.
voestalpine High Performance Metals Ibérica, S.A.U.
NIF: A-60622123
R.M. de Barcelona, Hoja B-117661, Folio 144, Tomo 46941