Purchase conditions

• Definitions and interpretations

  SUPPLIER: Individual or legal entity which sells the good/s and/or render the service/s to SAINT-GOBAIN PLACO IBERICA, S.A.

  GOOD: Delivered product or service rendered by the supplier to SAINT-GOBAIN PLACO IBERICA, S.A.

• Communication and order and purchase conditions acceptance

  SAINT-GOBAIN PLACO IBERICA, S.A. will communicate the order to the supplier by fax, e-mail or telephone, who must accept it in the maximum term of five working days from the reception of the order, by means of acknowledgement of receipt.

  Lapsed such five working days from the reception of the order by the supplier and, in case the supplier does not manifest the contrary, the order and the purchase conditions will be considered accepted and they will become firm.

  In any case, the delivery of the good or the render of the service made by the supplier will constitute the acceptance by him of the order as well as the purchase conditions.

• Subcontracting

  The supplier will not be able to subcontract his whole activity or part of itwithout the previous written consentmade by SAINT-GOBAIN PLACO IBERICA, S.A.

• Delivery place

  The delivery place of the goods or the render of the services will be the one established in the order.

• Delivery term

  The delivery term of the goods or render of the services will be the one established in the order.

  The failure to deliver the goods or to render the services established, will give the right to SAINT-GOBAIN PLACO IBERICA, S.A. to choose between the execution or the termination of the obligation. In both cases, the supplier will be obliged to pay compensation to SAINT-GOBAIN PLACO IBERICA, S.A. The company will also be able to request the resolution even after having chosen the execution, when the later becomes impossible.

• Prices

  The prices will be established in the order. Any modification of them must be accepted in writing by SAINT-GOBAIN PLACO IBERICA, S.A. without prejudice to any other discount that might be entitled to.

• Terms of payment

  The terms of payment of the goods or the render of the serviceswill be established in the order. If it is not the case, those agreed between the supplier and SAINT-GOBAIN PLACO IBERICA, S.A. will prevail.

• Expenses of delivery-transport

  The expenses of the delivery of the goods or the render of the services will be at the suppliers cost, as well as those corresponding to the transport to the place of the delivery, unless written agreement.

• Refunds and cancellations

  If SAINT-GOBAIN PLACO IBERICA, S.A. becomes aware of any failure of the delivered goods or in the rendered service with the specification included in the order, SAINT-GOBAIN PLACO IBERICA, S.A. shall not accept and / or return the order. The supplier is obliged to pay the refund expenses and to replace the products for others which do comply with the specification in the maximum period of 3 working days since the refund.

• Transmission of responsability

  The responsibility of the good will be transferred to SAINT-GOBAIN PLACO IBERICA, S.A. if during 10 days since the reception of the good not packed SAINT-GOBAIN PLACO IBERICA, S.A. has not returned, cancelled or given notice of any hidden fault or defect. In case of packed goods, the term of 10 days will count since the good has been unpacked and used.

• Information, Industrial property and/or Intellectual and equipment facilitated by SAINT-GOBAIN PLACO IBÉRICA, S.A.

  All the technical data granted by SAINT-GOBAIN PLACO IBERICA, S.A. to the supplier will be considered as confidential information and will be deemed property of BPB IBERPLACO. This information will not be able to use, to copy, to reproduce or to reveal to a third without the previous written consent by of SAINT-GOBAIN PLACO IBERICA, S.A.

  SAINT-GOBAIN PLACO IBERICA, S.A. does not assume any type of responsibility derived from the misinterpretation of this information, Industrial property and/or Intellectual and equipment.

  Once, the relationship ends for any cause between SAINT-GOBAIN PLACO IBERICA, S.A. and the supplier; the supplier shall return to SAINT-GOBAIN PLACO IBERICA, S.A. all the information, Industrial property and/or Intellectual and equipment acquired as a result of this agreement.

• Hidden Faults - Defects

  The supplier will be responsible against SAINT-GOBAIN PLACO IBERICA, S.A. of the hidden faults or defects that the good could have in the moment of the delivery, including hidden faults or defects, as well as the defects or anomalies of the rendered services, excluding SAINT-GOBAIN PLACO IBERICA, S.A. of any responsibility that this could cause.

• Quality of the good or service

  SAINT-GOBAIN PLACO IBERICA, S.A. shall reject the good or the service rendered, which do not fit the quality or the characteristics agreed.

  In order to check the quality of the good or service SAINT-GOBAIN PLACO IBERICA, S.A. will be entitled, at any moment, to inspect and to evaluate the goods and services. The supplier will provide SAINT-GOBAIN PLACO IBERICA, S.A. all the requirements needed for such ends.

• Security and health in the work

  The supplier will provide SAINT-GOBAIN PLACO IBERICA, S.A. all the instructions or any kind of necessary information in order to guarantee the security in the manipulation of the goods and/or services.

  Also the supplier commits to follow the internal safety rules and all the applicable legislation that SAINT-GOBAIN PLACO IBERICA, S.A. requires.

  In addition, the supplier will ensure that holds all licences, authorisations and permits what so ever required including all necessary insurance against all risks and liabilities which would be ensure by a prudent supplier in his activity.

• Applicable legislation

  The applicable legislation is the Spaniard.

  The purchase orders will be governed by the following preference order:for the content of the executed contract if exits, for the content of the order and, finally, for the purchase conditions. In the no specified, for the Spanish legislation: Código Civil, Código de Comercio, Ley de Consumidores y Usuarios and other applicable legislation, which corresponds

  No variation of a purchase order shall be valid unless it is written and signed by each parties.

  The original of these conditions is in Spanish language. In cases of conflict, the Spanish text shall prevail.

• Jurisdiction

  Any dispute arising as a result of the execution, shall be submitted to the decision of the Courts and Tribunals of the city of Madrid.