General Terms and Conditions of purchaseDate: 13/02/20

 

These general terms and conditions of purchase shall be an integral part of any quotation request, ordering of materials, equipment and/or services in which Rodabell, S.A. (Hereinafter Rodabell or Buyer) acts as the Buyer. Any conditions other than those established in this document may only be part of the corresponding Purchase Order (PO) if they have been expressly agreed between the Buyer and the Supplier in writing in the aforementioned PO. In the event of any discrepancies between these general terms and conditions of purchase and the PO, the latter shall prevail. These general terms and conditions of purchase shall apply to the Supplier from the moment of submitting quotes and shall prevail over any other conditions that may have been set out by the Supplier in their quotes, unless the Supplier provides a list of exceptions to these conditions and these have been accepted by the Buyer in writing.

Acceptance of Terms and Conditions of Purchase: All POs that are made are subject to the conditions specified below, as well as those that are referenced at any time in these general terms and conditions of purchase. These shall be applicable notwithstanding and to the exclusion of any provision to the contrary, whether they were included in the Supplier’s terms and conditions of sale or otherwise. Unless otherwise established by specific agreement with the Buyer, the Supplier must agree to these terms and conditions for the PO to be accepted; therefore, after a 10-day period with no response, or the commencement of the provision of the goods, the Buyer understands that the Supplier agrees to
all of the terms and conditions hereof. Electronic order acceptance: The Buyer and the Supplier shall facilitate commercial business transactions by electronically transmitting data to each other. The Supplier accepts electronic POs and, in the event of a B2B framework, all key documentation produced by the Buyer electronically without signature as valid. The key documentation includes, but is not limited to: POs, change orders, order acceptances, advanced shipment notices (ASN) and invoices.

  • Subject matter of the PO.

The subject matter of the PO is the materials and equipment the Buyer purchases by virtue thereof and the works or services the Supplier is obliged to carry out.

The subject matter of the PO includes, in addition to the materials and equipment and, where applicable, the work and the services specified in said document, everything necessary for delivery and proper use and operation, in accordance with the technical specifications. 

The PO shall be considered completed when the Supplier delivers all the requested material and/or equipment, as well as all the documentation mentioned in these general terms and conditions.

As a result of the above, the Buyer has the right to withhold payment if the documents and information attached to the quotation request and the PO are not delivered at the place and under the conditions designated by the Buyer. 

  • Scope of execution of the PO 

The PO is considered completed from the moment a copy of the PO entitled Order Acceptance and signed by the Supplier is received by the Buyer. The Supplier accepts that the PO contains the final agreement between the Buyer and the Supplier and that there is no other agreement that modifies the terms and conditions or specifications of the PO.

 Handwritten texts shall not be accepted in the PO.

The Supplier must inform the Buyer in writing and without delay of any incidents or circumstances that may arise before or during the manufacture of the equipment, or during the performance of the works or services and that may negatively affect the manufacture, assembly or warranties. 

In the event that modifications or revisions of the PO referred to in the previous section entail or may entail price increases, modification of delivery periods or any other contractual conditions, this must be presented to the Buyer by the Supplier in a maximum period of 15 calendar days, with no claims being accepted after this time.

  • Delivery deadlines. Penalties.

The goods, supplies, or services requested must be carried out on the date and place indicated in the PO. When no delivery deadline has been indicated, it shall be understood that said delivery must be made immediately. The deadline, quantity and place of delivery indicated in the PO shall be final, unless otherwise agreed. In the event of non-compliance with the deadline established by the Supplier, the Buyer reserves the right to cancel the PO without any claim whatsoever on the part of the Supplier, who expressly waives it. 

In the event that the delivery deadline indicated in the PO elapses, and it has not been carried out in its entirety, the Buyer may apply the sanctions provided in these general terms and conditions or PO without the need for prior notice and without prejudice to the claim for damages that the delay causes to the Buyer. Unless the PO specifies otherwise, the Buyer shall not pay the Supplier any bonus for early performance. 

Any expenses or costs that the Buyer is forced to incur due to a breach by the Supplier of the PO and its annexes related to packaging, marking, transport, freight or any other shall be borne by the Supplier. 

The penalties for partial or total delays in deliveries shall be those established in the PO.

In the event that the Supplier’s delay results in the cancellation of contract freight and causes additional delays, the Supplier shall be responsible for the increase in the cost of transport incurred in the shipment of materials by means of which it is possible to recover and reduce the delay caused. 

After this period, the Buyer shall have the right to resolve the PO demanding the repair of the damages caused. 

  • Prices, invoicing and payment.

The prices set out in the PO shall be understood as fixed, not being subject to any type of variation, whatever the circumstances, unless otherwise agreed. They shall include all taxes, charges, levies, fees and excise duties except for VAT or similar taxes, which shall appear separately as an independent element. The Supplier shall be responsible for any differences in freight, postage or any other expenses arising from non-compliance with the shipping instructions or any other of these established conditions applicable to the PO. 

Invoices that do not comply with the specified instructions shall be returned to the Supplier for correction, delaying their payment. 

Invoices shall be received until the 25th of each month. Only original invoices shall be accepted. The invoice shall be sent by post, e-mail with electronic signature or delivered in person at our offices. 

Only invoices referenced to one or several delivery notes for a single work or PO are considered valid. The invoice shall be accompanied by the corresponding delivery notes with the signature of the person receiving the product or the PO form. 

  • Technical documentation.

All plans, designs and specifications the Buyer provides to the Supplier are considered confidential and shall be their exclusive property. They shall not be passed on to third parties, copied, or used without the prior written consent of the Buyer.

The PO shall not be deemed to have been fully executed until, in addition to the material and/or equipment, drawings, tests, parts lists, user manuals, instruction lists, lists of recommended spare parts and any mandatory documents have been delivered. Failure to comply with these conditions entitles the Buyer to return the invoice, withhold payment until the PO is accepted and/or apply contractual penalties without prejudice to the exercise of the right to cancel the PO. All costs incurred as a result of failure to comply with specifications for the contracted materials, such as travel expenses, accommodation, required staff salaries, insurance premiums, machinery rental, energy, etc., shall be borne by the Supplier, in addition to any risks and responsibilities both to the Buyer and/or end customer and to third parties for damages, accidents and compensation, etc., that may occur during the repair. 

The Supplier undertakes, for ………. years from the date of the delivery of the supplies of the services rendered that are the subject matter of the PO, to keep a copy of all relevant documentation (quality certifications such as official approvals, final plans, final documentation, tests, etc.). 

  • Materials and equipment.

The Supplier must guarantee that all materials delivered that are not used in the manufacture of the equipment ordered are new, of top quality, free from defects, suitable for the purpose for which they are intended, and free from charges and encumbrances. Prototypes shall not be allowed and any alternatives shall require the express approval of the Buyer.

  • Manufacturing.

The Supplier undertakes to immediately adopt the necessary measures to correct any deviations detected both in relation to delivery times and to 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 technical specifications of the Buyer, such as the applicable regulations and the sectoral standards applicable to the product or service supplied. The Supplier shall be responsible for and bear the costs of the return, correction, rectification, reprocessing and/or demolition of construction works and work that may have been carried out with defective material or that does not comply with applicable specifications or regulations, including those of the stoppage of the works and any other expenses or costs the Buyer may incur resulting from the lack of quality or non-compliance of the materials supplied. 

The inspectors representing the Buyer and/or end customer may follow the complete manufacturing process of the equipment through visits to the Supplier’s production unit workshops and their subcontractor suppliers during working hours. The Supplier shall be required to provide inspectors and representatives of the Buyer with the necessary means to carry out their mission, at no additional cost to the Buyer. If, as a result of the acceptance inspection, the Buyer or the end customer considers that the equipment does not comply with any requirement in accordance with the applicable standards, technical specifications, codes, characteristics, etc., they may freely reject such equipment without incurring any expenses or costs. 

It is the responsibility of the Supplier to carry out satisfactorily all tests required by law, to comply with regulations, statutes or standards issued by authorities and official bodies, as well as obtaining the approvals of the administration’s collaborating entities, if necessary, in order to demonstrate that the equipment/product/service complies with the aforementioned provisions.

All costs related to the services provided by their staff for the execution of inspections and tests, the preparation of the inspection certificates in the reports of the tests carried out, the issuance of certificates of analysis by qualified laboratories, the execution of the tests in accordance with the requirements of the PO and its annexes and the preparation of protocols and the reports of the final tests point all this in the number of copies established in the PO shall be borne by the Supplier.

  • Insurance, accidents and compensation. 

The Supplier shall have taken out a civil liability insurance policy during the warranty period, which covers twice the amount of the PO. The Supplier is responsible for any claim by third parties directly or indirectly related to the PO. The Supplier shall bear the cost of any orders the Buyer may place with third parties in the event of failure by the Supplier to comply with their contractual obligations and deadlines. The Supplier shall bear the cost of any orders the Buyer may place with third parties in the event of failure by the Supplier to comply with their contractual relations and deadlines. 

The Supplier must at all times provide proof of this coverage and its validity, and be up to date with the payment of the premium at the time of signing the PO and at any time thereafter.

The required insurances are an additional obligation to other obligations of the Supplier contained herein and neither the subscription of the policy nor the setting of limits therein reduces or limits in any way the liability that the Supplier may incur by virtue of the execution of the PO.

  • Transfer and subcontracting 

The Supplier shall not subcontract the PO totally or partially without the prior consent of the Buyer. For their part, the Buyer is entitled to deliver all or part of the PO to any company and the end customer under the agreed conditions without the prior consent of the Supplier. 

  • Guarantees. 

The Supplier guarantees that (a) the goods supplied to the Buyer conform to the specifications, description and drawings, where applicable, that are included, attached or referred to in the PO, as well as all agreed conditions; ( b) that said goods do not present defects in design, material or execution; (c) that they have the capacity, professional competence, permits, licences and certificates necessary to supply the goods; (d) that the goods do not infringe any intellectual/industrial property rights of third parties and; (e) the Supplier declares the legitimate origin of the goods supplied and guarantees that it is the full owner of those goods, which are in no way subject to any charge or encumbrance. Unless a longer period is specified by law or by agreement between the Buyer and the Supplier, said warranties shall be extended either 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 said goods, whichever occurs first.

In the event of non-compliance with any of the aforementioned guarantees and without prejudice to the actions that may be taken by the Buyer, the Supplier shall at their own expense; (a) replace the defective goods with goods deemed compliant by the Buyer at the Buyer’s plant to which they were originally shipped. Only in the event that replacement is not possible within the delivery deadline set by the Buyer or if a requirement is otherwise provided for by the law of the country of delivery the Supplier, as decided by the Buyer; (b) shall repair at their own expense the defective goods or; (c) reimburse the Buyer for the purchase price of the defective goods.

If the Buyer chooses to repair or replace the goods, any defects shall be corrected at no cost to the Buyer, including but not limited to the costs of transport, repairing and replacing the defective goods, as well as the re-installation or shipment of the new goods. All such repaired or replaced goods shall be warranted as set out above. The Supplier also guarantees that they shall transfer ownership of the goods supplied to the Buyer and that such goods shall be delivered free of any bond, lien, charge or encumbrance. The payment of the PO shall not be interpreted in any case by the Supplier as a waiver, release or acceptance by the Buyer of any of the warranty clauses.

In the event that the Supplier does not correct the defects or replace the defective goods within the period specified by the Buyer, the latter may PO the repair at their own expense, with the costs incurred being borne by the Supplier.

These guarantees are in addition to all those guarantees, express or not, applicable in the terms and conditions of the PO. The guarantees and other provisions of this clause shall continue to be applicable after the inspection or acceptance and payment of the goods as well as after the fulfilment, termination or cancellation of this PO.

  • Temporary suspension of work. 

The Buyer may suspend the PO or part of it at any time by written notification to the Supplier, who shall resume the work as soon as possible, and no later than fifteen days from the date set by the Buyer in their letter to resume it.

  • Cancellation and termination of the PO 

Any breach of these general terms and conditions of purchase or of the PO shall be considered as a breach by the Supplier and will allow the Buyer to cancel this PO without incurring any liability and without incurring any additional payment. 

Within five days of notifying the cancellation, the Supplier must deliver to the Buyer a complete detailed list of all the work and supplies carried out up to the date of cancellation, being obliged to allow the immediate purchase by the Buyer of such works/services/products and/or supplies. 

  •  Intellectual and industrial property.

All intellectual and/or industrial property rights owned by the Buyer over the products that need to be used for the performance of the works covered by this contract belong to the Buyer. The granting of any right over them shall be the subject of specific contracts. In the event that, as a consequence of the execution of the PO/contract, programmes and/or improvements are created and developed, these shall be the property of Rodabell.  

The Supplier agrees to indemnify the Buyer for any expenses necessary to insure, defend or keep safe the latter, as well as their workers, directors, shareholders, employees, representatives subsidiaries and affiliated companies (collectively referred to as “Indemnitees”), from and against all liabilities, costs, claims, penalties, forfeitures, causes of action, suits and the costs and expenses incident thereto (including the costs of defence and settlement, as well as the fees of the Buyer’s lawyers, the opposing party and those who may be employed by the Indemnities) which the Indemnities may hereafter suffer, incur, become responsible for or pay out as a direct or indirect result of any allegation, claim or proceeding,  involving any question of direct, contributing or indirect infringement of any intellectual property rights, including the infringement of any patent, trademark or copyright by reason of the nature thereof, form or condition of any design, plan, drawing, specification, material, process, article or machine supplied by the Supplier in fulfilment of the PO or due to the use, sale, proposed sale and/or importation by the Buyer of any such design, plan, drawing, specification, material, process, article or machine. This list is not exhaustive and any document, plan, diagram, model of manufacturing diagram, memorandum or data on any element that is communicated by the Buyer to the Supplier is considered to be 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 register, including all expressions of computer programs, manuals, databases and all forms of computer devices (hardware, firmware and software), conceived, made, tested or developed by the Supplier in connection with the PO, all of which are identified as PO developments. All PO developments, including industrial and intellectual property rights, shall be the exclusive property of the Buyer, whatever the country, state or territory.

  • Data Protection.

The Supplier agrees that the Buyer may use the Supplier’s data required in the context of the business relationship and agreements signed with the Supplier to be stored by computer and used exclusively for the Buyer’s own purposes within the company. Insofar as the Supplier acts as a data processor under the responsibility of Rodabell, other agreements associated with data protection will be regulated through the corresponding data processor contract, in accordance with current data protection regulations.

The Supplier, by submitting their business contact and personal information and/or that of their employees (whose consent will have been obtained as necessary) to Rodabell,  the Supplier consents to the collection, processing, storage, use and transfer of that information to/by Rodabell and all its invested companies in Spain and other countries as well as their contractors or authorised agents for the purpose of: managing the ‘requisition to payment’ process when Rodabell purchases goods or services from Suppliers; the ‘PO to cash’ process when Rodabell sells goods or services to customers; issuing information about Rodabell products and services through newsletters, mailings, phone calls, and electronic communications and mailings; facilitating your business relationship with Robadell, enhancing Robadell’s ability to contact you and your employees, enabling Robadell to process and track your transactions with it through various internal systems and external third parties and any other purpose that could further the business relationship Supplier has with Robadell and its products and services (“Purpose”). Robadell shall use the information supplied solely for the “Purpose” and shall store the data for as long as is strictly necessary to be able to complete the “Purpose”.

The Supplier guarantees and undertakes that it will ensure that their employees, agents and subcontractors observe the provisions of the applicable laws in relation to the obligations to which they are subject when receiving and processing personal data. In the event that the Supplier fails to comply with any of the aforementioned obligations regarding the disclosure of personal data in any way, the Supplier shall adopt all the necessary measures as required by applicable laws.

For our part, at Rodabell, we believe that the privacy of our customers and users should be paramount. For this reason, we apply a policy of transparency to all our processes so that users are always informed and have control over their privacy in accordance with the provisions of our Privacy Policy, available at http://rodabell.com/aviso-legal/ 

  • Confidentiality 

The Parties must handle all documents, data, materials, and information provided by one of them to the other with the utmost confidentially and not reveal them to any third party, or use them for any other purpose other than the fulfilment and development of the PO, unless previously established by written consent of the other party.

The Seller undertakes to make confidential information available only to employees who need such confidential information and who are subject to the confidentiality obligations in this agreement.

  • Advertising. 

The Supplier shall not have the right to refer to the PO and accepts it under the condition of not mentioning it, advertising it or using it for advertising purposes without the prior written authorisation of the Buyer. Thus, the Supplier may not use the name of the Buyer’s company and/or its logo, except to place the PO, without first obtaining written permission from the Buyer.

  • Compliance with the law and anti-corruption criteria. 

The Supplier guarantees that the PO will be performed in strict compliance with all applicable laws, rules, and standards including environmental, health and safety laws and labour, child and forced labour laws. If the Supplier is granted access to the Buyer’s facilities for purposes of completion of the PO or inspection of the goods, they must comply with the Buyer’s internal policies, including those regarding safety and hygiene and the use of protective clothing and equipment. The Supplier shall indemnify the Buyer against all liabilities, costs and penalties on account of the infringement by the Supplier or its representatives of any applicable law or regulation or Buyer’s internal policies. 

The Supplier shall, at their own expense, obtain all the necessary permits, authorisations, licenses, certificates, etc., required to perform this PO. The Supplier expressly undertakes to comply with EC Regulation 1907/2006 of the European
Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) In particular, the Supplier undertakes to fully register applicable substances on their own, in preparations or in articles, as defined in said Regulation, to the European Chemicals Agency as established by that Regulation. If the Supplier breaches this obligation, they shall indemnify and keep the Buyer safe from any and all damage, cost, expense or liability that the Buyer could incur as a consequence of that breach. In addition, in the case of such breach, the Buyer shall be entitled to terminate this PO.

The Supplier shall not offer or use, directly or indirectly, any money, property or anything of value received by Supplier under this PO to influence improperly or unlawfully any decision, ruling, action or inaction of any official, employee or representative of any government or agency or body thereof, or of any government owned or partially government owned entity, or any other person or entity, in connection with or relating to the subject matter of this PO or any supplement or amendment hereto. No payment shall be made nor shall any transaction be entered into in connection with this PO that is illegal, improper or is intended to unduly or improperly influence any third party, including, among others, threats and bribery. If the Supplier breaches the terms of this clause, the Buyer may immediately terminate this PO without liability.

  • Quality, environmental and occupational safety criteria.

Through the Management System based on the ISO 9001, ISO 14001 and OHSAS 18001 standards, Rodabell has a firm commitment to quality, environment and safety based on satisfying the requirements applicable to the product, the customer, society and our sector. In addition, we are very aware of values such as continuous and planned improvement in our work, as well as increasing our efficiency for the benefit of these areas. Accordingly, you have at your disposal the certificates in force, as well as our Management Policy and Code of Ethics on our Website: http://rodabell.com/empresa/  which we ask you to bear in mind insofar as you carry out work or services on behalf of Rodabell.

Regarding the environmental, quality and safety requirements applicable to the Buyer in the different PO processes, we inform you:

    • Occupational Safety: The Supplier shall provide the Buyer with the following documentation required from companies for the authorisation of work in the facilities of Rodabell or its affiliated companies:
      • Civil Liability Cover (policy and receipt)
      • Social Insurances
      • Risk assessment of the work place and training records of the operators who plan to work in Rodabell or its affiliated companies
      • Work procedure to be carried out
      • Updated Medical Examinations (1 year). Certificates of Aptitude
      • Machines/equipment to be used, CE marking or their adaptation to RD1215 and latest revision
      • Vehicles (technical file, insurance, ITV and driving license) if you access the facilities of Rodabell or its affiliated companies.
      • MSDS sheets of the products to be used
      • In case of use of mobile equipment (forklift, platform, fixed-track systems, etc.,), certificate of training (theoretical-practical)
      • Signature of the Management Procedure for the coordination of business activities (if necessary)
    • Packaging: The Supplier guarantees that the goods supplied in this PO shall be correctly packaged and provided with the appropriate markings according to any applicable laws and regulations.  The Buyer will pay no packing charges unless specified in this PO.   Goods that require special packaging or a particular way of handling must carry the appropriate markings on the packaging, allowing safe unloading to take place. The Supplier must also warn the Buyer of any precautions to take when unloading dangerous or radioactive products. For any goods that are defined as hazardous or dangerous under applicable law, regulation and/or Rodabell,’s regulations/policies, the Supplier will provide Rodabell, with hazardous warning and safe handling information in the form of a safety data sheet and appropriate labelling for such goods as required by such applicable law and/or Rodabell’s regulations/policies.
    • Supplier’s tools, machinery and equipment: The Supplier shall use their own tools, machinery and equipment, including those for individual protection, to perform the PO unless otherwise stipulated therein, and shall be responsible for such equipment and tools whilst on the Buyer’s premises. The Buyer shall in no event be held liable for any damages, theft, fires involving the property and assets of the Supplier in the Buyer’s facilities. Upon completion of the performance of the PO or its termination, the Supplier shall leave the premises in a tidy state, in proper condition and remove all their tools.
    • Waste management: The Supplier shall take care of the collection, storage, handling and transportation of wastes generated from the performance of the PO in accordance with the relevant Rodabell procedures and applicable laws. 
    • Applicable Environmental Requirements: Depending on the product/service provided, the Supplier is obliged to:
PRODUCT / SERVICE PROVIDED REQUIREMENT
1. Subcontractors working in Rodabell facilities:
  • Inform the supervisor of our company in charge of verifying their work of the types of waste generated during their activity, as well as the environmental impacts generated by use throughout the life cycle of the products used and/or services offered* in order to be informed of how to proceed with each one of them.
  • Collect the waste generated by their activity defined storage areas. In the case of hazardous waste, the containment tanks shall have an identification label attached, where the waste in question is clearly specified.
  • In case of doubt, always ask the person in charge at our company.
  • Do not dispose of toxic and dangerous waste, or containers and packaging that have contained dangerous substances, such as: Paint, oil, grease, solvent, etc.
  • Avoid spills when handling hazardous substances and if possible establish your own methods to avoid these incidents.
  • If there is a spill or if there are leaks or deterioration of deposits containing dangerous substances, notify the person in charge of the environment.
Use natural resources, such as water, electricity, fuel, etc., rationally
  • Do not use our company drains or external sewers to dispose of toxic products or substances. If you have any questions, please ask our staff
  • Keep the facilities clean. Avoid untidiness. Project an environmentally friendly image
  • Take the necessary measures to avoid excessive noise
  • Bear in mind that repeated dumping of waste, even in small quantities, can irreversibly damage our environment
  • Delivery note or record of services or assistance to the company name of the ordering company
  • Invoice to the company name of the ordering company
2. Service providers
  • They shall be asked to send their registration as small producers of hazardous waste
  • If your company has an ISO 14001 certificate, please send us a copy of it, as well as the environmental impacts generated throughout the knowledge life cycle*
  • Delivery note or record of services to the company name of the ordering company
  • Invoice to the company name of the ordering company
3. Material suppliers
  • Quality certificate of the supplied material that indicates the order number of the company name of the ordering company
  • Product technical characteristics sheet (Product sheet) as well as the environmental impacts generated by the use of the material throughout the knowledge life cycle**
  • If the material cannot be supplied on time, the ordering company must be informed immediately.
  • Valued delivery note of the material supplied indicating the order number of the applicant’s company name
  • Product handling and safety data sheet
  • Invoice of the material supplied indicating the order number of the applicant’s company name
  • Information on potential significant environmental impacts associated with transport or delivery, use, end-of-life treatment and final layout of the design result.
4. Machinery suppliers
  • User manual in Spanish
  • Declaration of conformity (CE marking)
  • Valued delivery note of the material supplied indicating the order number of the applicant’s company name
  • Invoice of the material supplied indicating the order number of the applicant’s company name
  • Information on potential significant environmental impacts associated with transport or delivery, use, end-of-life treatment , as well as the environmental impacts generated throughout the knowledge life cycle**
5. Chemical suppliers
  • Product handling and safety data sheet
  • Valued delivery note of the material supplied indicating the order number of the applicant’s company name
  • Invoice of the material supplied indicating the order number of the applicant’s company name
  • Information on potential significant environmental impacts associated with transport or delivery, use, end-of-life treatment , as well as the environmental impacts generated throughout the knowledge life cycle**
6. Entities to which the design is contracted 
  • Life cycle analysis as part of the design process, acquisition of materials or disposal of solid waste, to consider the impact generated to the environment not only by the construction itself but also the impacts associated with the transport of materials to the place of origin of these materials and how the rubble and other waste from the construction process shall be disposed of (indicating the desired methodology/tool).
7. Carriers and Transport Companies 
  • Statement of environmental compliance: I hereby declare to manage responsibly the vehicles and the waste generated as a result of the preventive and corrective maintenance operations with regard to the legal compliance of hazardous waste management to an authorised manager, as well as the technical inspection of the vehicle within the deadlines required by law to show that the air emissions generated and the noise pollution associated with these vehicles are within the legally admissible limits.
General requirements:
  • Timetable for the reception of materials/services:
    Monday to Thursday: 8 am to 1.30 pm and 2.30 pm to 6 pm. Fridays: 8 am to 2 pm.  From June to September, Monday to Thursday: 8 am to 3 pm. Fridays: 8 am to 2 pm.
  • Claims for materials delivered that are not stamped with the reception logo of the organisation’s general warehouse shall not be accepted.

(*) For example: the Supplier/Subcontractor may be required to demonstrate the sustainable source of the materials or machinery used, the non-toxicity of the chemicals used (if any) as opposed to the traditional ones, conditions for managing the environmental impacts of the product, machinery and service provision and that the Supplier/Subcontractor justifies or reports on the treatment to be given to the waste resulting from the subcontracted service or product provided (as well as the options available once the product has reached the end of its useful life).

(**) For example: the Supplier may be required to prove the sustainable source of the materials or machinery used, the non-toxicity of the chemicals used (where appropriate) as opposed to the traditional ones, management conditions of the environmental impacts of the product or machinery and that the Supplier reports on the treatment to give to the product waste (as well as the options available once the product reaches its useful life).

    • Control, Evaluation and Monitoring of Suppliers: The system used by Rodabell in this regard is: 1. The first order shall always be a trial order. 2. If the result is in conformity, the Supplier is requested to adapt to the general terms and conditions of purchase. 3. If they accept them, they are included in the list of accepted Suppliers. 4. Annual re-evaluation shall be through the annual calculation of incidents per purchase orders, which must be less than 3%. Reassessments may also be made through visits to facilities. This system is explained in detail in the Process Sheet FP-08 “PURCHASES AND WAREHOUSE” of the Rodabell Process Map.
    • Evidence of Compliance: Insofar as the Supplier has a certified management system (ISO 9001, ISO TS 16949, AS 9100, ISO 22000, etc.), the documentation of this system shall be available to the Buyer. Even if the Supplier holds an ISO certificate or any other internationally recognised standard, the Buyer may study the Supplier’s ability to meet the required quality standards.
    • Audit: The Buyer shall have the right to examine and audit, upon eight days’ written notice and during normal business hours, any and all records, data, invoices and documents, in whatever shape or form, including, but not limited to, electronic media, that may contain information relating to the Supplier’s obligations incurred under this PO. Such records will be kept by the Supplier for a period of at least three years after the termination of this PO, or for such longer periods as may be required by law, in a form that is clear and accurate and containing sufficient and adequate detail to permit the aforementioned audit.

 

  • Legislation and jurisdiction.

Unless otherwise expressly agreed in writing between the Parties, the law governing this PO will be the laws of the country of the Buyer, and the courts of such country will have jurisdiction for any claims or disputes arising hereunder. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to any Purchase Orders between the Buyer and the Seller.

The Supplier and the Buyer expressly waive any other jurisdiction to which they may be entitled and submit to the jurisdiction and venue of the courts of Vivero, Lugo. (Spain).