General Terms and Conditions of Purchase
Acceptance of Purchase Terms
All orders placed are subject to the conditions specified below, as well as any conditions referred to at any time in these general terms and conditions of purchase. These shall apply notwithstanding and to the exclusion of any contrary provision, whether contained in the Supplier’s terms of sale or otherwise. Unless otherwise agreed upon specifically with the Buyer, the Supplier must accept these conditions for the order to be accepted. If 10 days pass from the receipt of these conditions or from the start of goods deliveries without a response, the Buyer will understand that the Supplier accepts all the conditions thereof. Electronic Acceptance of the Order: The Buyer and the Supplier shall facilitate commercial transactions by submitting information electronically. The Supplier accepts electronic Orders as valid and, in a ‘Business to Business’ environment, all Key Documents produced electronically by the Buyer without being signed. Key Documents include, but are not limited to: Order, order modifications, order acceptance, ASN (Advanced Shipment Notice), and invoice.
Purpose of the Order
The purpose of the order comprises the materials and equipment that the buyer acquires thereunder, and the works or services that the supplier is obliged to carry out.
The purpose of the order also includes, in addition to the materials, equipment, and, where applicable, the works and services specified in said document, everything necessary for delivery, proper use, and correct functioning, in accordance with the technical specifications.
The order shall be considered concluded when the supplier delivers all requested material and/or equipment, as well as all documentation mentioned in these general conditions.
As a consequence of the foregoing, the buyer has the right to withhold payments if the documents and information attached to the request for quotation and the order have not been delivered at the place and under the conditions designated by the buyer.
Scope of Order Execution
The order shall be deemed perfected from the moment a copy thereof, titled ‘Order Acceptance’ and signed by the supplier, is received by the buyer. The supplier assumes that the order contains the final agreement between the buyer and the supplier and that there is no other agreement modifying the order’s conditions or specifications.
Handwritten texts in the order will not be accepted.
The supplier must notify the buyer in writing and without delay of any incident or circumstance that may arise before or during the manufacture of the equipment, or during the execution of the works or services, and that may negatively affect manufacturing, assembly, or guarantees.
Should modifications or revisions to the order, as referred to in the previous section, imply or potentially imply price increases, changes in delivery times, or any other contractual condition, these must be submitted to the buyer by the supplier within a maximum period of 15 calendar days, with no claims accepted thereafter.
Delivery Period. Penalties.
The goods, supplies, or services requested must be delivered on the date and at the place indicated in the order. When no delivery period has been indicated, it shall be understood that such delivery must be made immediately. The delivery period, quantity, and place indicated in the order shall be firm, unless otherwise agreed. In case of non-compliance with the established period by the supplier, the buyer reserves the right to cancel the order without any claim from the supplier, who expressly waives such right.
Should the delivery period indicated in the order elapse and delivery has not been made in full, the buyer may apply the penalties provided for in these general conditions or the order without prior notice and without prejudice to claiming damages that the delay may cause the buyer. Unless the specific order states otherwise, the buyer will not pay the supplier any premium or bonus for early fulfillment.
Any expenses or costs that the buyer is obliged to incur due to the supplier’s non-compliance with the order and its annexes regarding packaging, marking, transport, freight, or any other will be charged to the supplier.
Penalties for partial or total delays in deliveries shall be those established in the order.
Should the supplier’s delay involve the cancellation of freight contracts and cause additional delays, the supplier shall bear the increased cost of transport incurred in shipping materials by means that allow for the recovery and reduction of the delay caused.
Once this period has passed, the buyer shall have the right to terminate the order, demanding compensation for the damages caused.
Price, Invoicing, and Payment.
The prices stated in the order shall be considered fixed, not subject to any variation, whatever the circumstances, unless otherwise agreed. They shall include all taxes, charges, levies, duties, and fees, with the exception of Value Added Tax or a similar tax, which shall be listed separately as an independent item. The supplier shall be responsible for any difference in freight, carriage, or any other expenses arising from non-compliance with shipping instructions or any other of these established conditions applicable to the order.
Invoices that do not conform to the specified instructions will be returned to the supplier for correction, thereby delaying payment.
Invoices will be received until the 25th of each month. Only original invoices will be accepted. Invoices must be sent by regular mail, email with an electronic signature, or in person at our offices.
Only invoices referenced to one or more delivery notes for a single work or purchase order are considered valid. The invoice must be accompanied by the corresponding delivery notes signed by the recipient of the product or by the order sheet.
Technical Documentation.
All plans, designs, and specifications provided by the buyer to the supplier are considered confidential and shall remain the exclusive property of the buyer. These may not be lent to third parties, copied, or used without the buyer’s prior written consent.
The order shall not be considered fully executed until, in addition to the material and/or equipment, plans, tests, parts lists, user manuals, instruction lists, recommended spare parts lists, and all other documents and obligations detailed in the order have been delivered. Non-compliance with these conditions entitles the buyer to return the invoice, withhold payments until the order is accepted, and/or apply contractual penalties, without prejudice to exercising the right to terminate the order. All costs incurred due to non-compliance with the specifications of the contracted materials shall be borne by the supplier, including travel expenses, accommodation, necessary personnel salaries, insurance premiums, machinery rental, energy, etc., as well as risks and liabilities towards both the buyer and/or end customer and third parties for damages, accidents, compensation, etc., that may occur during repair.
The supplier undertakes, for a period of ……….. years from the date of delivery of the supplies or services subject to the order, to keep a copy of all documentation related thereto (quality certifications such as official approvals, final plans, final documentation, tests, etc.).
Materials and Equipment.
The supplier must guarantee that all materials delivered and used in the manufacture of the equipment subject to the order are new, of first quality, free from defects, fit for their intended purpose, and free from charges and encumbrances. Prototypes are not permitted, and any alternative will require the buyer’s express approval.
Manufacturing: The supplier undertakes to immediately adopt the necessary measures to correct any deviations detected in relation to delivery times or the quality of materials and equipment.
Quality, Inspections, and Tests.
The supplier guarantees the perfect quality of the supplies, with the highest level of quality and professional competence, in accordance with the buyer’s technical specifications, applicable regulations, and industry standards applicable to the product or service supplied. The supplier shall be responsible for and bear the costs of returning, correcting, rectifying, reprocessing, and/or demolishing and rebuilding works and jobs that may have been carried out with defective material or material that does not comply with applicable specifications or regulations, including those for the stoppage of works and any other expense or cost that the buyer may incur as a result of the lack of quality or non-compliance of the supplied materials.
Inspectors representing the buyer and/or end customer may follow the complete equipment manufacturing process through visits to the supplier’s and their subcontractors’ workshops or production units during working hours. The supplier will be required to provide the buyer’s inspectors and representatives with the necessary means and instruments to carry out their mission, at no additional cost to the buyer. If, as a result of the reception inspection, the buyer or the end customer considers that the equipment does not comply with any requirement according to applicable standards, technical specifications, codes, characteristics, etc., they may freely reject said equipment without incurring any expense or cost.
It is the supplier’s responsibility to satisfactorily carry out, at their own expense, all tests required by law, regulations, statutes, or standards issued by official authorities and bodies, as well as to obtain, where applicable, approvals from collaborating administrative entities to demonstrate that the equipment/product/service complies with the aforementioned provisions.
All costs related to the services provided by the supplier’s personnel for the execution of inspections and tests, the preparation of inspection certificates and test reports, the issuance of analysis certificates by qualified laboratories, the execution of conformity tests with the requirements of the order and its annexes, and the preparation of protocols and final test reports shall be borne by the supplier. All of this in the number of copies established in the order.
Insurance, Accidents, and Indemnities.
The supplier shall have a civil liability insurance policy in place during the warranty period, covering double the amount of the order. The supplier shall be responsible for any third-party claim directly or indirectly related to the order. The cost of any claims the buyer may face from third parties due to the supplier’s non-compliance with its contractual obligations and deadlines shall be borne by the supplier. The cost of any claims the buyer may face from third parties due to the supplier’s non-compliance with its contractual relations and deadlines shall be borne by the supplier.
The Supplier must at all times prove these coverages and their validity, as well as be up-to-date with premium payments at the time of signing the Order and at any subsequent time.
The required insurances are an additional obligation to other obligations of the Supplier set forth herein, and neither the subscription of a policy nor the establishment of limits therein shall in any case reduce or limit the liability that the Supplier may incur due to the execution of the Order.
Assignment and Subcontracting.
The supplier may not subcontract the order, in whole or in part, without the buyer’s prior consent. For its part, the buyer is entitled to deliver the order, in whole or in part, to any company and to the end customer under the agreed conditions without the supplier’s prior consent.
Warranties.
The Supplier warrants that (a) the goods supplied to the Buyer conform to the specifications, description, and drawings, if any, included, attached, or referred to in the order, as well as to all agreed conditions; (b) such goods are free from defects in design, material, or workmanship; (c) the Supplier possesses the capacity, professional competence, permits, licenses, and certificates necessary for the supply of the goods; (d) the goods do not infringe any third-party intellectual/industrial property rights; and (e) the Supplier declares the legitimate origin of the supplied goods and warrants that it is the full owner thereof and that they are not subject to any charge or encumbrance whatsoever. Unless a longer period is specified by law or by agreement between the Buyer and the Supplier, such warranties shall extend for a period of eighteen (18) months from the date of receipt of the goods by the Buyer or for one (1) year from the date of installation of such goods, whichever occurs first.
In case of breach of any of the aforementioned warranties, and without prejudice to any actions that may be taken by the Buyer, the Supplier shall, at its sole cost, (a) replace the defective goods with goods deemed compliant by the Buyer at the Buyer’s plant to which they were originally shipped. Only if replacement is not possible within the delivery period required by the Buyer or if a different requirement is established by the legislation of the country of delivery, the Supplier shall, as decided by the Buyer, (b) repair the defective goods at its own expense or (c) reimburse the Buyer the purchase price of the defective goods.
If the Buyer opts for repair or replacement, any defect will be remedied at no cost to the Buyer, including but not limited to, the costs of transport, repair, and replacement of the defective goods, as well as the reinstallation or shipment of the new goods. All such repaired or replaced goods shall be warranted as stipulated above. The Supplier further warrants that it will transfer ownership of the supplied goods to the Buyer and that such goods are delivered free of any lien, retention, charge, or encumbrance. Payment of the order shall in no case be interpreted by the Supplier as a waiver, discharge, or acceptance by the Buyer of any of the warranty clauses.
Should the Supplier fail to remedy the defects or replace the defective goods within the period specified by the Buyer, the Buyer may arrange for the repair at its own expense, with the costs incurred being borne by the Supplier.
These warranties are in addition to all other warranties, express or implied, applicable under the terms of the Order. The warranties and other provisions of this clause shall remain applicable after inspection or acceptance and payment of the goods, as well as after fulfillment, termination, or cancellation of this Order.
Temporary Suspension of Works.
The buyer may suspend the order or part of it at any time by notifying the supplier in writing, who will resume the works as soon as possible, no later than fifteen days from the date set by the buyer in its written notice for the resumption thereof.
Cancellation and Termination of the Order.
Any breach of these general terms and conditions of purchase or of the order shall be considered an infringement by the supplier and will allow the buyer to cancel this order without incurring any liability or additional payment.
Within 5 days following notification of cancellation, the supplier must provide the buyer with a complete, detailed list of all works performed and supplies made up to the date of cancellation, being obliged to allow the immediate acquisition by the buyer of such works/services/products and/or supplies.
Industrial and Intellectual Property.
All intellectual and/or industrial property rights owned by the buyer over the products that must be used for the provision of the works subject to this contract shall remain the property of the buyer. The granting of any rights over them shall be subject to specific contracts. In the event that, as a consequence of the execution of the order/contract, programs and/or improvements are created and developed, these shall be the property of Rodabell.
The Supplier agrees to indemnify the Buyer for the necessary expenses to secure, defend, or hold harmless the Buyer, as well as its workers, directors, shareholders, employees, representatives, and branch and subsidiary companies (collectively referred to as ‘indemnified parties’), from and against all liability, cost, claim, penalty, forfeiture, demand, lawsuit, costs, and expenses of incidents or proceedings (including defense and settlement costs, as well as legal fees of the Buyer, the opposing party, and those that the indemnified parties may employ) that they may suffer, incur, become liable for, or disburse as a direct or indirect result of any allegation, claim, or proceeding involving any direct or indirect violation of one or more intellectual property rights, including the violation of any patent, trademark, or copyright due to the nature, form, or condition of any design, plan, drawing, specification, material, process, article, or machine supplied by the Supplier in fulfillment of the order or due to the use, sale, offer for sale, and/or import by the Buyer of any such designs, plans, drawings, specifications, materials, processes, articles, or machines. Without this list being exhaustive, any document, drawing, diagram, manufacturing model, memorandum, or data on any element communicated by the Buyer to the Supplier shall be considered the property of the Buyer.
The Supplier shall immediately disclose to the Buyer all data, information, discoveries, inventions, and improvements, patentable or not, or registrable in the corresponding industrial/intellectual property registry, including all manifestations of computer programs, manuals, databases, and all forms of computer devices (hardware, firmware, and software), conceived, made, tested, or developed by the Supplier by reason of the Order, all of them identified as Order Developments. All Order Developments, including industrial and intellectual property rights, shall be the exclusive property of the Buyer, in any country, State, or territory.
Data Protection.
The supplier grants its consent for the buyer to store the supplier’s necessary data by electronic means and to use it exclusively for its own purposes within the company, within the framework of the commercial relationship and the contracts signed with the supplier. Insofar as the supplier acts as a data processor for personal data under Rodabell’s responsibility, other agreements associated with Data Protection will be regulated through the corresponding data processing agreement, in accordance with current regulations on the matter.
By supplying its own and/or its employees’ personal data and information (whose consent must have been obtained as necessary) to Rodabell, the Supplier consents to the collection, processing, storage, use, and transfer/assignment of this information to Rodabell and all its affiliated companies located in Spain and other countries, as well as to its authorized contractors or agents, for the purpose of managing the process when Rodabell purchases goods or services from Suppliers (‘requisition to payment’); when Rodabell sells goods or products to customers (‘order to cash’); to disclose information about Rodabell’s Products and services through press releases, postal mailings, telephone calls, and electronic communications and mailings; to facilitate the Supplier’s commercial relationship with Rodabell, allowing Rodabell to contact the Supplier and its employees, allowing Rodabell to process and manage transactions carried out through internal and third-party systems, and for any other purpose that fosters the commercial relationship the Supplier has with Rodabell and its products and services (Purpose). Rodabell will only use the information thus collected for the Purpose and will store it for the time necessary to fulfill the Purpose.
The Supplier warrants that it will ensure that its employees, agents, and subcontractors comply with the provisions of applicable laws regarding the obligations to which they are subject by reason of the receipt and processing of personal data. In the event that the Supplier breaches any of the aforementioned obligations regarding the disclosure of personal data in any form, the Supplier shall take all necessary measures as required by applicable laws.
For its part, at Rodabell, we consider that the privacy of our suppliers and users must be paramount. For this reason, we apply a transparency policy to all our processes so that users are always informed and have control over their privacy in accordance with our Privacy Policy, which is available at http://rodabell.com/aviso-legal/
Confidentiality
The parties shall treat confidentially all documents, data, materials, and information provided by one to the other and shall not disclose them to any third party, nor use them for any purpose other than the fulfillment and development of the order, unless prior written consent of the other party is obtained.
The seller undertakes to make confidential information available only to employees who need such confidential information and who are subject to the obligation of confidentiality.
Advertising
The supplier shall not be entitled to refer to the order and accepts it on the condition of not mentioning, advertising, or using it for advertising purposes without the prior written authorization of the buyer. Thus, the Supplier may not use the Buyer’s company name and/or logo except for the execution of the Order without first obtaining written permission from the Buyer.
Compliance and Anti-Corruption Criteria.
The Supplier warrants that the Order will be executed in strict compliance with applicable rules, laws, and standards, including Environmental, Health and Safety legislation, and labor, child labor, and forced labor legislation. If the Supplier is granted access to the Buyer’s facilities for the purpose of carrying out the order or inspecting the goods, they must comply with the Buyer’s internal policies, including those related to safety and hygiene and the use of protective clothing and equipment. The Supplier shall indemnify the Buyer for all liability, claims, costs, and penalties arising from the Supplier’s or its representatives’ non-compliance with any applicable law or regulation, or the Buyer’s internal policy.
The Supplier shall, at its own cost, obtain all necessary permits, authorizations, licenses, etc., required to fulfill the Order. The Supplier expressly undertakes to comply with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). Specifically, the Supplier undertakes to register substances as such, in preparations, or contained in articles with the European Chemicals Agency under the terms set out in said Regulation. Non-compliance by the Supplier with this commitment shall entail indemnification to the Buyer for any and all damages, expenses, costs, or liabilities that the Buyer may incur due to such non-compliance, without prejudice to the Buyer’s right to terminate this Order.
The Supplier shall not directly or indirectly offer or use money, property, or anything of value received by reason of this order to improperly or unlawfully influence any decision, judgment, action, or omission of an official, employee, or representative of any government or agency or body thereof, or of any government-owned or partially government-owned entity, or of any other entity or person by reason of the Order or an annex or modification thereof. No payment shall be made, nor shall any transaction linked to this Order be engaged in, that is illegal, improper, or that improperly or unduly seeks to influence a third party, including, among other actions, threats and bribes. If the Supplier breaches the terms of this clause, the Buyer may immediately terminate this Order without liability.
Quality, Environment, and Occupational Safety Criteria.
Through its Management System based on ISO 9001, ISO 14001, and ISO 45001 standards, Rodabell makes a firm commitment to quality, environment, and safety based on satisfying applicable requirements for the product, the customer, society, and our sector. Furthermore, we highly value continuous and planned improvement in our work, as well as increasing our effectiveness in these areas. In this regard, our current certificates, as well as our Management Policy and Code of Ethics, are available on our website: http://rodabell.com/empresa/, which we kindly ask you to consider when carrying out works or services on behalf of Rodabell.
Regarding the environmental, quality, and safety requirements applicable to the buyer in the different order processes, we inform you:
• Occupational Safety
The Supplier shall provide the Buyer with the following Required Documentation for Companies for Authorization of Works at Rodabell’s or its subsidiaries’ Facilities:
- Civil Liability Insurance (policy and receipt)
- Social Security
- Job risk assessment and training records for operators planning to work at Rodabell’s or its subsidiaries’ facilities
- Work Procedure to be performed
- Updated Medical Examinations (1 year). Fitness Certificates
- Machines/equipment to be used, CE marking or adaptation to RD1215 thereof, and last revision
- Vehicles (technical sheet, insurance, ITV, and circulation permit) if accessing Rodabell’s or its subsidiaries’ facilities with them
- MSDS sheets for products to be used
- In case of using mobile equipment (forklift, platform, MEWP, etc.), accredited training diploma (theoretical-practical)
- Signature of the Business Activity Coordination Management Procedure (if necessary)
• Packaging
The Supplier warrants that the goods supplied under the order are suitably packaged and provided with appropriate labels in accordance with all applicable laws and regulations. The Buyer will not pay for packaging costs unless otherwise specified in the order. Goods requiring special packaging or particular handling conditions must include the corresponding indicative labels, allowing for safe unloading. The Supplier must also warn the Buyer about precautions to be taken during the unloading of hazardous or radioactive products. For goods defined as hazardous according to applicable legislation, regulations, and Rodabell’s policies/standards, the Supplier shall warn the Buyer of their hazardous nature and provide information for safe handling by delivering Safety Data Sheets and appropriate labeling as required by applicable regulations and/or Rodabell’s regulations/policies.
• Supplier's Tools, Machinery, and Equipment
The Supplier shall use its own tools, machinery, and equipment, including personal protective equipment, for the execution of the Order unless otherwise stipulated therein, and shall be responsible for the same while it is on the Buyer’s premises. The Buyer shall in no case be responsible for any damage, theft, or fires related to the Supplier’s equipment and property on the Buyer’s premises. Upon completion of the Order, the Supplier shall leave the premises clean and in good condition, removing all its tools, machinery, and equipment.
• Waste Management
The Supplier shall collect, store, manage, and transport waste generated during the execution of the Order in accordance with Rodabell’s procedures and applicable regulations.
• Applicable Environmental Requirements
Depending on the product/service supplied, the supplier is obliged to:
PRODUCT/SERVICE SUPPLIED | REQUIREMENT |
|---|---|
1. Subcontractors working at Rodabell’s facilities: | Inform our company’s supervisor responsible for verifying their work about the types of waste generated during their activity, as well as the environmental impacts generated by the use, from their knowledge of the life cycle of the products they use and/or services they provide*, in order to inform them how to proceed with each of them. |
Collect waste generated by their activity in the designated disposal areas. In the case of hazardous waste, containment deposits will have an identification label attached, clearly specifying the waste in question. | |
In case of doubt, always ask our company’s responsible personnel. | |
Do not deposit toxic and hazardous waste, nor containers and packaging that have contained hazardous substances, such as paints, oils, greases, solvents, etc., in unauthorized areas. | |
Avoid spills when handling hazardous substances and, if possible, establish your own methods to prevent such incidents. | |
If a spill occurs or leaks or deterioration of deposits containing hazardous substances are observed, notify the Environmental Manager. | |
Rationally use natural resources, such as water, electricity, fuel, etc. | |
Do not use our company’s drains or external sewers to discharge toxic products or substances. If in doubt, ask our staff. | |
Keep facilities clean. Avoid clutter. Project an image of respect and care for the environment. | |
Adopt precise measures to avoid abnormal noise. | |
Bear in mind that repeated discharges of waste, even in small quantities, can irreversibly damage our environment. | |
Delivery note or service/intervention report to the requesting company’s name | |
Invoice to the requesting company’s name | |
2. Service Providers | They will be asked to send the Hazardous Waste Small Producer Registry. |
If your company has an ISO 14001 certificate, please send us a copy, as well as the environmental impacts generated by the service from your knowledge of the life cycle*. | |
Delivery note or service report to the requesting company’s name | |
Invoice to the requesting company’s name | |
3. Material Suppliers | Quality certificate for the supplied material referencing the purchase order number of the requesting company’s name |
Product technical data sheet (Product sheet) as well as the environmental impacts generated by the use of the material from your knowledge of the life cycle** | |
If unable to supply the material on time, notify the requester immediately. | |
Valued delivery note for the supplied material indicating the purchase order number of the requesting company’s name | |
Product safety and handling data sheet | |
Invoice for the supplied material indicating the purchase order number of the requesting company’s name | |
Information about significant potential environmental impacts associated with transport or delivery, use, end-of-life treatment, and final disposal of the design outcome. | |
4. Machinery Suppliers | User manual in Spanish |
Declaration of Conformity (CE Marking) | |
Valued delivery note for the supplied material indicating the purchase order number of the requesting company’s name | |
Invoice for the supplied material indicating the purchase order number of the requesting company’s name | |
Information about significant potential environmental impacts associated with transport or delivery, use, end-of-life treatment, as well as the environmental impacts generated by the use from your knowledge of the life cycle** | |
5. Chemical Suppliers | Product safety and handling data sheet |
Valued delivery note for the supplied material indicating the purchase order number of the requesting company’s name | |
Invoice for the supplied material indicating the purchase order number of the requesting company’s name | |
Information about significant potential environmental impacts associated with transport or delivery, use, end-of-life treatment, as well as the environmental impacts generated by the use from your knowledge of the life cycle** | |
6. Entities contracted for Design | Life cycle analysis as part of the design process, material acquisition, or solid waste disposal, to consider the environmental impact generated not only by the construction itself but also the impacts associated with the transport of materials, their place of origin, and how debris and other waste from the construction process will be disposed of (indicating the desired methodology/tool). |
7. Carriers and Transport Companies | “Responsible Declaration of Environmental Obligations”: I hereby declare to carry out responsible environmental management of vehicles and waste generated as a result of preventive and corrective maintenance operations, regarding legal compliance for hazardous waste management with an authorized manager, as well as vehicle technical inspection within the required deadlines in accordance with legislation to demonstrate that generated atmospheric emissions and associated acoustic pollution from said vehicles are within legally permissible limits. |
General requirements: | Hours for material/service reception: 08:00 to 13:30 and 14:30 to 18:00 Monday to Thursday, and 08:00 to 14:00 on Fridays (June to September) 08:00 to 15:00 and 08:00 to 14:00 on Fridays |
Claims for delivered materials not sealed with the organization’s general warehouse reception anagram will not be accepted. |
(*) For example: the supplier/subcontractor may be required to demonstrate the sustainable origin of the materials or machinery used, the non-toxicity of the chemicals used (if applicable) as opposed to traditional ones, conditions for managing the environmental impacts of the product, machinery, and service provision, and that the supplier/subcontractor justifies or informs about the treatment to be given to waste product from the subcontracted service or supplied product (as well as the available options once the product reaches its end of life).
(**) For example: the supplier may be required to demonstrate the sustainable origin of the materials or machinery used, the non-toxicity of the chemicals used (if applicable) as opposed to traditional ones, conditions for managing the environmental impacts of the product or machinery, and that the supplier informs about the treatment to be given to waste product (as well as the available options once the product reaches its end of life).
• Supplier Control, Evaluation, and Monitoring
The system used by Rodabell in this regard is: 1st. The first order will always be a trial. 2nd. If the result is satisfactory, the supplier is asked to adapt to the general terms and conditions of purchase. 3rd. If accepted, they are included in the list of approved suppliers. 4th. Their annual re-evaluation will be based on the annual calculation of their incidents per purchase order, which must be less than 3%. Re-evaluations can also be conducted through site visits. All this methodology is detailed in Process Sheet FP-08 “PURCHASES AND WAREHOUSE” of Rodabell’s Process Map.
• Evidence of Compliance
To the extent that the Supplier has a certified management system (ISO 9001, ISO TS 16949, AS 9100, etc.), the documentation of this system shall be made available to the Buyer. Even if the Supplier holds an ISO certificate or any other internationally recognized standard qualification, the Buyer may assess the Supplier’s ability to meet the required quality standards.
• Audit
The Buyer shall have the right to examine and audit, upon 8 days’ written notice and during business hours, any records, data, invoices, and documents in any medium or format, including but not limited to electronic media, that may contain information related to the Supplier’s obligations incurred under this Purchase Order. Such records shall be maintained by the Supplier for a period of at least three years following the termination of this Purchase Order, or for a longer period if required by law, in a clear and precise manner containing sufficient information and adequate detail to permit such audit.
Governing Law and Jurisdiction.
Unless the Parties agree otherwise in writing, the applicable law shall be that of the country to which the Buyer belongs, and the courts of that country shall have jurisdiction over any claim or dispute arising from its application. The United Nations Convention on Contracts for the International Sale of Goods is not applicable to any Purchase Orders between Buyer and Seller.
The Supplier and the Buyer expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Vivero, Lugo (Spain).