Sale policy

  1. Scope of application:
    All deliveries and related services are made exclusively on the basis of these general conditions of sale. The application of the buyer’s purchase conditions are expressly excluded. These general conditions of sale are also valid for all future sales. The variation of these conditions of sale requires the express and written acceptance of LAIEX S.L., hereinafter LAIEX.
  1. Delivery times:
    The delivery times communicated by LAIEX will be indicative, without prejudice to the fact that LAIEX will make the necessary efforts so that the delivery is made within the estimated deadlines and always the supplier provided in time. The delivery period will begin to compute since LAIEX has confirmed the order. In the event that the transport of the goods is the responsibility of the buyer, the estimated delivery time shall be the one disposal of the carrier ones placing the ordered products. LAIEX may make partial deliveries of the products.
    LAIEX may suspend the delivery of the products in case the buyer does not pay any amount at the agreed maturity, being exempted from any type of liability in case of force majeure or fortuitous event in the terms established in the current legislation. Any case in which, due to circumstances beyond the control of LAIEX, compliance with the obligation is not possible, such as, without limitation and exemplary mode, war or terrorist attacks, natural catastrophes, strikes, shortage of materials or changes normative If any of the impeding causes of compliance with the obligations of LAIEX is prolonged beyond three months, LAIEX may terminate the contract or the order by notifying the buyer and without incurring any liability on his part.
    In the event that the buyer refuses to receive the delivered goods, LAIEX will proceed to store them at your own risk, without prejudice to legal actions that LAIEX may take as a consequence of the buyer’s refusal to receive the goods.
  1. Offers and acceptance:
    LAIEX offers are not binding but are understood as an invitation to the buyer to make a binding purchase order. The contract is concluded by the order placed by the buyer and acceptance of the order by LAIEX. In the event that the acceptance differs from the order, it is considered as a new offer without commitment by LAIEX.
  1. Product quality, samples and tests, guarantees:
    Unless otherwise agreed between LAIEX and the buyer, the quality of the product is determined exclusively on the basis of the product specifications in force on the date of delivery and that LAIEX will provide.
    The uses identified in the European Regulation of Chemical Substances (REACH) that concern the goods will not constitute an agreement on the corresponding contractual quality of the goods or on the use indicated under this contract.
    The properties of the samples and tests provided are only binding in the case of having been expressly determined as natural qualities of the merchandise.
    References to quality and expiration, and other information about the merchandise will only constitute guarantees if they have been agreed upon and designated as such.
  2. Claims:
    The buyer is obliged to review the quantity and quality of the products at the time of receipt. LAIEX will not be responsible for defects in the quality or quantity of the products received that are the result of transporting them unless expressly agreed otherwise, or for defects arising from unforeseeable circumstances or force majeure.
    At the time of receipt of the goods, the buyer must make the corresponding reservation on the delivery note and must communicate the defect reliably held by LAIEX within four calendar days following the day of receipt of the products. LAIEX will only be liable for hidden defects or defects that do not come from cases of force majeure, are communicated reliably within the period determined by current legislation, and provided that LAIEX is responsible for the defect or hidden defect. In the event that the product is defective and the buyer has informed LAIEX under the conditions and within the terms established in this clause, LAIEX will proceed to compensate the buyer, at the choice of LAIEX, with the replacement of the products, prior return by the buyer of the defective products, or with the refund of the price paid by the buyer, decision that LAIEX will communicate to the buyer within a reasonable time. LAIEX will not be responsible for damages suffered by the products delivered as a result of incorrect handling of the product by the buyer or third parties, in case of alteration of the products by the buyer, or if they had been subject to improper storage. LAIEX is not responsible in any case for the suitability of a product for a specific use, nor extends its warranty on products for third parties other than the buyer.
    The buyer’s rights for defects expire after the expiration of six months from the delivery of the goods.
  1. Advice:
    In case of giving advice, LAIEX will do it according to your best criteria. The advice and information regarding the suitability and applications of the products does not exempt the buyer from carrying out its own controls and tests as to the suitability of the product for the purpose for which it acquires it.
  1. Price, conditions and transfer of property:

Unless otherwise agreed and expressly by the parties, the payment of the products shall be made within 30 days from the date of loading, notwithstanding that said period shall be modified in accordance with the evolution of the solvency of the buyer. Regardless of the modality of payment agreed, the place of payment of the goods will be the address of LAIEX. The delay in the payment by the buyer will automatically generate in favor of LAIEX and at the expense of the buyer, without the need of any requirement, an interest of delay equivalent to the Euribor for one month plus a surcharge of five percentage points. The claim made by the buyer will not entitle him to stop paying the invoice. The possibility that the buyer can compensate invoices against amounts owed by LAIEX and recognized are expressly excluded.
LAIEX reserves the domain of the products until the moment of payment. In the event that the buyer resells products not yet paid to LAIEX, the buyer shall assign to LAIEX any rights it may have over them, including, without limitation, in addition to the right of credit for the price payment, any compensation that may be paid to it. due to contractual or extra contractual liability, for which purpose it will provide LAIEX with as much information as it deems necessary and which will also be provided in the event that LAIEX exercises a third party ownership over the same assets.
In case of doubts based on the solvency of the buyer, especially in case of payment delay, LAIEX may, without prejudice to its right to urge the claims it considers appropriate, revoke payment deferments, as well as condition the subsequent deliveries to the advance payment or to the provision of reliable guarantees by the buyer and admitted as such by LAIEX.
In case of deliveries and benefits in the EU, prior to the application of VAT, the buyer must inform LAIEX of his tax identification number under which he makes payments on his profits in the EU.
In the case of an export declaration in non-electronic form, the buyer must provide to LAIEX the documentation accrediting the export necessary for tax purposes for deliveries and benefits from Spain to countries outside the EU, which have not been executed or ordered by LAIEX. If this accreditation is not provided, the buyer must pay additionally the VAT that would be applicable on the amount of the invoice within Spain.
Unless expressly agreed to by the parties to the contrary, the price does not include permits, taxes, transportation, and any charges or expenses are accrued until they are made available to the buyer, and may be reviewed by LAIEX in the event of an increase. in the costs that could not be foreseen at the time of accepting the order. The risks on the products are transmitted to the buyer from the moment of delivery at the agreed place if LAIEX had taken over the transport, or since the products were made available to the buyer in another case. For the case of sales abroad, the distribution of risks and the transfer of ownership will be governed by the current INCOTERM clause that is expressly agreed upon.

  1. Observance of legal provisions:
    Unless expressly agreed to by the parties to the contrary, the buyer shall be responsible for the observance of all legal and administrative regulations regarding the import, transport, storage and use of the merchandise.
    The buyer guarantees that during the course of its commercial relationship with LAIEX, including the use of the products subject to the contract and its packaging, it will comply with all applicable legal requirements (including fiscal and monetary regulations).

9.Use of the products:
LAIEX does not guarantee the suitability of the product for different use other that the ones determined in the technical data sheet of the product. In case of resale of the product by the buyer, it will keep LAIEX harmless against the claim of any third party due to the use given to the product.

  1. Responsability:

LAIEX responds for damages according to the provisions of the applicable regulations and conditions indicated above.
LAIEX does not respond to the buyer in case of impossibility or delay in the execution of its supply obligations, if the impossibility or delay is due to the orderly compliance of legal and administrative obligations in relation to the European Regulation of Chemical Substances (REACH) that have come imposed from the buyer.
Whenever any incident or circumstance outside the control of LAIEX (including, natural phenomena, wars, labor conflicts, blockages, shortage of raw materials and energy, disruptions in traffic, breakdown of production machinery, damage by fire or explosion, provisions of the authorities) reduce the availability of goods from the plant from which LAIEX receives the goods, so that LAIEX can not fulfill its contractual obligations (taking into account, pro rata, other supply applications), it implies that:
1.- LAIEX will be released from its contractual obligations to the cases that the indicated circumstances prevent to fulfill the contractual obligations.
2.- LAIEX will have no obligation to procure goods from other sources. The first point will also apply if, as a result of said incidents or circumstances of execution of the contract, it ceases to be profitable for LAIEX for a long period, or when such incidents will affect LAIEX suppliers.
If the indicated circumstances last more than three months, LAIEX may unilaterally terminate the contract, without the buyer having any right to compensation.

 

  1. Place of payment and notifications:
    Regardless of the place of delivery of the merchandise or the documentation, the place of fulfillment of the payment obligation will be the registered office of LAIEX.
    The notifications and other communications that one party sends to the other will take effect from the moment in which the receiving party receives them. Whenever a term must be observed, the notification must reach the addressee party within this period.
  1. Data protection:
    We inform you that the data provided will not be transferred to third parties in any case and will serve exclusively for the proper provision of our services. We also inform you that the personal data provided will be incorporated along with the rest of your data to a file responsible for LAIEX, SL, with address at 46988 Paterna (Valencia), Polígono Industrial Fuente del Jarro, C / Islas Canarias No. 65, which may be address in writing to exercise rights of access, rectification, opposition and cancellation of your data, in accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data.
  1. Applicable law and jurisdiction:
    The law applicable to these general conditions is Spanish.
    The competent court is the main domicile of LAIEX, in Valencia.

Any dispute that may arise in relation to the fulfillment or interpretation of these general conditions must first be resolved amicably between the parties, for which the parties will have a period of one month from the date the dispute was placed. manifest by one of the parties. After this period, any of them may go to the ordinary jurisdiction, for which the parties expressly agree to submit such disputes to the judges and courts of Valencia, Spain, expressly waiving any other jurisdiction that may correspond.
LAIEX reserves the right to modify these general conditions of sale

In the event that the buyer receives the general conditions of sale both in the language in which the contract is drawn up and in another language, this will only be for the purpose of facilitating its understanding. In case of interpretation differences, the only valid version will be the one written in Spanish.

13.1 The changes and modifications of these General Conditions must be in writing for its validity.
13.2 If any of the conditions established in these General Conditions will be invalid, it would not affect the validity of the remaining articles.