GENERAL SALES CONTRACT TERMS

Purchase order terms are considered accepted by the Buyer if no written statement or complaint have been issued to the Seller within 48 hours from the receipt of the contract.

Should there be a noncompliance with the latest agreed date for order collection from the Buyer, storage fees shall be generated five days after the agreed delivery date.  Order collection delays for more than 30 days shall not be accepted.

CHEMIR shall not accept any claim from the Buyer related to defects and/or damages that are not indicated on the delivery note or notified within 24 hours after the receipt of the order.

The Seller undertakes the responsibility to deliver the goods with the corresponding analytical and technical documentation.

It is the obligation of the Buyer to examine the quantity and the state of the goods upon receipt, in order to detect possible apparent defects and /or damages attributable to the Seller, notifying its existence on the delivery note, if such being the case, within the 48 hours after the receipt of the goods. The delivered goods are considered accepted by the Buyer if no complaint is received by the Seller before the aforementioned deadline.

All purchase orders issued by the Buyer should clearly specify the Buyer´s name, VAT number, date of the order, description and quantity of the requested goods, delivery date and address, as well as the order reference number. In the event where the delivery date is not specified, the order shall be delivered according to its availability.  The purchase order is considered accepted only through a written confirmation issued by the Seller. Purchase orders shall be firm and could not be modified or revoked by the Buyer in terms of the quantity and delivery date of the goods.

The Buyer is allowed to cancel the order up to five days after it has been received by CHEMIR, a period beyond which no cancelation will be accepted and an invoice for damage compensation should be issued by the Seller to cover the amount of the purchase order.

The Buyer undertakes to make sure that the goods purchased in the order are adequate to its needs, exempting the Seller from the responsibility for any use of the goods different from the one specified by the manufacturer and informed or technically advised by the Seller.

The Seller is authorized to increase the price of the goods after the order confirmation in writing is issued to the Buyer, due to the increase in costs suffered and derived from the rise of structural costs or from the price increase of raw materials used in the fabrication process of the goods.

The Seller is entitled to demand a 50% advance payment of the total amount of the order as a warranty, should the buyer fail to take charge of the goods upon delivery.

In the event of Force Majeure, the Seller reserves the right to suspend or cancel the order delivery.  Circumstances such as, war fares, social unrest, fires, natural disasters, accidents, general strikes and the impossibility to ensure proper procurement due to the lack of raw materials and other necessary parts used in the production process, among others, are considered to be Force Majeure.

The Seller shall not be held liable for any defect of the goods derived from the damages suffered due to deceit and negligence of the Buyer, for non-compliance with the products use regulations or with the limitations and instructions guidelines provided by the manufacturer or its technical department, for inadequate storage, for faulty use, inadequate transformation or incorporation to the production.

CHEMIR S.A handles personal data processing in compliance with the General Data Protection Regulation and with the LOPDGD

(Fundamental Law on Personal Data Protection and Guarantee on Digital Rights), with the purpose of establishing and maintaining a commercial relation.  Personal data are preserved no longer than the duration of the commercial relationship and are not communicated to third parties except under legal obligation from the Authorities for data processing. The processing of the data is based on the preservation and continuity of the commercial relation. The right to access, rectify, transfer, supress, limit and oppose the data processing is guaranteed at the following address Calle Àlaba, 5, Polígono Industrial Fonollar, 08830 Sant Boi de Llobregat (Barcelona). E-mail: direccionfinanciera@chemir.es, as well as the right to submit a claim is guaranteed at www.aepd.es