Product deliveries by PREPARADOS ALIMENTICIOS SIMAT, SL (hereinafter SIMAT) shall be governed by the present GENERAL SALES CONDITIONS, except where particular conditions have been agreed, which appear written in the estimate and/or acceptance of the order and have been accepted by both signing parties.
The acceptance of an order and its despatch obligatorily entail the client’s acceptance of the present SIMAT GENERAL SALES CONDITIONS.
All orders sent by the client to SIMAT must explicitly state the company name and address, the CIF (tax ID number) of the client company, the quantity and description of the products and its despatch address, if it is different than the registered company address.
To accept the order, SIMAT reserves the right, where necessary, to require payment guarantees, which the client will be notified of prior to acceptance of the order.
The despatch of orders will be done ex works, except when both parties have agreed to different conditions than those described herein.
Delivery periods set out for orders are provided as guidelines and true delivery periods depend on the availability of stocks.
SIMAT is authorised by the client to make partial deliveries or to not deliver the order if the client has breached its obligations.
The products shall be understood as delivered when the client signs the delivery note, where the client has the obligation to sign it and stamp it with the company seal and reception date.
It is the client’s responsibility at the time of receiving the order to verify the quality and quantity of the products received, setting on record any anomaly in the corresponding delivery note. SIMAT must have this delivery note in its possession, with the incidents observed, within 48 hours following product reception. If it is not received within this period, SIMAT shall understand that the product delivery was accepted.
The presentation of a claim shall not give the client the right to delay or cancel its payment obligations or to demand any type of compensation from SIMAT.
Until SIMAT has received the total payment for products, their ownership continues to be with SIMAT.
The prices of products shall be invoiced according to the valid rates at the date the order is accepted, except when SIMAT has expressly set different price conditions.
Product prices are understood as net, without inclusion of any type of tax, insurance, carriage, etc.
The net prices offered in orders have a 30-day validity, unless SIMAT specifies a different validity period in writing.
Payment of invoices shall be done in the period agreed between the parties, which will start on the issue date, always in euros and by bank cheque, transfer or other means agreed between the parties.
Payments shall always be made for the total invoice, with no deduction that has not been agreed previously between the parties.
If the client does not make the agreed payments within the agreed timeline, SIMAT reserves the right to suspend outstanding deliveries and reclaim products from the client’s warehouse, where the client cannot prevent this in any case.
The client is the sole party responsible for compliance with the regulations stemming from using the products. SIMAT shall not be held either jointly and/or secondarily liable for damages or indemnifications caused due to fraud, gross negligence and/or breach of these regulations.
SIMAT shall not be responsible for the breach of any of the client’s obligations if they are due to causes of force majeure and/or outside its control, such as natural disasters, strikes, impossibility to procure, etc.
Pursuant to the laws established on packaging and packaging waste, it is the client’s obligation to provide the most environmentally friendly treatment to SIMAT packaging, as their end recipient.
If a court of tribunal deems that one of the GENERAL SALES CONDITIONS above is totally or partially illegal or unfair, it shall be considered excluded, although the remaining conditions will remain fully in force.
The present GENERAL SALES CONDITIONS shall be governed, solely and exclusively, by Spanish law in force.
If there is any dispute on the interpretation, application and/or execution of the present SALES CONDITIONS, the parties agree to submit to the courts and tribunals of the city of Barcelona.
SIMAT reserves the right to modify these GENERAL SALES CONDITIONS.