The terms and conditions set forth below shall apply to all offers/quotations, order confirmations, delivery notes, invoices and in general to all services performed or confirmed by INDUSTRIAS UGATU, S.L., hereinafter referred to as UGATU.
Terms and conditions
The minimum value per order within the Spanish market will be 50 euros for orders placed by means other than the Online Store. Orders of lower value will be accepted if they are placed via the Online Store.
In both cases the minimum per line is 8 euros if the order consists of several orders.
All offers of UGATU shall be made and presented without obligation. They are to be considered as an approximation to facilitate the business relationship and without any contractual obligation. This obligation shall arise with the "order confirmation" by UGATU, not before. Furthermore, the product specifications submitted shall be based for the most part on DIN/ISO/EN or UNE standards, and the greatest possible accuracy shall be given where these do not exist.
The prices of the offers made shall be valid for 10 days EXCEPT SALE or unless there are abrupt changes (>5%) in the cost of RAW MATERIALS used in their production.
The prices indicated are always considered EX WORKS (EXW, Incoterms 2010).
In Spain the goods will be sent carriage paid within the peninsular territory, if the value of the goods exceeds 700 € (DDP, Incoterms 2010). In case the shipment is to be made to the Canary Islands, Ceuta and Melilla, or Balearic Islands (DAP, Incoterms 2010, which exempts the costs of customs clearance and taxes in the Canary Islands), if it exceeds 1500€.
Prices are per unit of product. Payment must be made in euros unless otherwise agreed between both parties.
The first transaction between the customer and UGATU shall be paid prior to shipment of the goods. For all other transactions, a form of payment shall be agreed with UGATU, which shall be based on the credit opinion of an independent Official Risk Insurer.
In case of default of payment, interest of 1.5% per month in arrears will be charged on the accrued amount. In addition, 50€ will be charged for each payment reminder. In both cases, the charges will be executed on demand.
We reserve the right to adjust prices without prior notice due to changes in currency exchange rates or other market changes. Our price lists and offers are only binding within the conditions specified herein.
The delivery dates and quantities agreed upon must be adhered to as closely as possible, subject to the availability of materials at the time of order confirmation and acceptance by our suppliers.
1) The delivery period (date of departure) shall be calculated from the time when the contract is concluded, payments due have been made or secured and the most important technical points have been clarified.
The delivery dates given are only estimates and are not binding. They may be extended appropriately in the following cases:
If all necessary information required to fulfill the contract is not received within the agreed period or if such information has subsequently been altered.
If the supplier or third parties, in particular, our subcontractors, make a delivery or provide a service after the established deadline.
If we, the supplier or a third party,in particular our subcontractor, are subject to obstacles or unforeseeable circumstances beyond our control (such as force majeure, wars, international conflicts, riots, shortages of commodities, interruption of power supply, epidemics, strikes, etc. ....).
2) The quantities to be delivered may vary by +-5% (to be added to the condition of the minimum quantity per box) for standard material and up to +-10% for deliveries made according to the customer's special requirements. We disclaim any liability for damages caused by late delivery or delivery of a smaller quantity of products than requested.
The customer must notify us of any defect immediately or, at the latest, within eight days from the reception of the products. For proper handling, our lot number, which appears on our boxes, and / or photo of the label on our boxes is essential.
All our warranties and customer complaints are subject to the limitation periods established by law. Complaints and claims must always be made in writing. Upon receipt of the complaint or claim UGATU is entitled to examine the defect or damage which is the subject of the complaint or claim, with the examination being carried out by one of our employees or by an independent expert of our choice.
Complaints by the customer regarding the quality and quantity of the product, etc., shall not give the customer the right to cancel the order.
Returns will only be accepted under the conditions agreed upon in writing in each case.
If the other party wishes to cancel the contract, Ugatu is entitled to charge 20% of the total agreed price as cancellation fee, with a minimum of 25€ per line. However, UGATU reserves the right to claim full compensation in case the material to be returned is not for regular consumption and has been brought by express order of the customer (delivery time different stock). UGATU will never be obliged to accept a cancellation.
UGATU reserves the right to cancel shipment commitments if the customer´s financial condition is affected by a material adverse effect or if the customer claims to be in a different financial condition than actual.
We guarantee product qualities in accordance with the individual product standards, DIN/ISO/EN or UNE and the corresponding technical terms of delivery. In connection with customer-specific products, we guarantee product quality in accordance with the order documents specifying the delivered products.
Unless otherwise agreed in writing and signed by both parties, the acceptance plan according to DIN 267 part 5 for mechanical connecting elements shall apply.
· Quality System
UGATU was certified by TÜV Rheinland under ISO9001 for the first time in 2005 and has been renewing this certification annually since then.
In compliance with the requirements, internal quality controls are carried out on UGATU products and services, and certificates (2.1 Product Conformity, 3.1, etc. ....) are issued if customers request them sufficiently in advance. For this purpose, we use the equipment available in our laboratory and in external laboratories of recognized prestige such as AZTERLAN.
With the same objective, our suppliers and subcontractors will be monitored and evaluated.
· Approval of suppliers/creditors
In compliance with the requirements of the new ISO 9001:2015 standard, and more specifically with the obligation to provide information to suppliers and subcontractors on the monitoring and evaluation carried out on them, we inform you that:
To be approved as a UGATU supplier, the following steps must be followed:
1.-Suppliers worked with prior to the implementation of the Quality System are considered as approved by history.
2.-The rest must present quality certificates of the system or of the products to be served, or product samples that will be examined to certify that they comply with the applicable technical specifications, drawings, or standards.
The initial supplier approval is reviewed and updated at least annually. This re-evaluation is based on the analysis of detected non-conformities, returns to the supplier, compliance with delivery deadlines and the quality of the supply or service provided.
All goods delivered shall remain the property of UGATU until the other party has fully performed all its obligations under the deliveries made and to be made, including obligations arising from the breach of any commitments. The other party shall be entitled to use or sell the delivered goods only in the course of its normal business operations and in accordance with its purpose. Until ownership is transferred to the other party, the other party shall not be entitled to create any rights with respect to the delivered goods or to give the goods in use to a third party under any title whatsoever. If the delivered goods are to be processed, altered or mixed, UGATU shall immediately acquire a co-ownership right to the good or goods into which they are incorporated, up to an amount equal to the value of the delivered goods.
UGATU shall retain all industrial and/or intellectual property rights relating to drawings, models, trademarks, copyrights, product specifications, designs, software, etc... that it has generated in the process of purchase and sale.
All goods and services shall be delivered by UGATU to the best of its ability, although UGATU shall only accept liability for direct loss or damage resulting from gross negligence or intent on its part.
Upon receipt of goods damaged in transport, UGATU shall request the receiver to make the relevant claim to the transport upon receipt and the corresponding report to UGATU duly detailed, accompanied, if possible, by a photo of what happened.
Indirect loss or damage, loss of profit, loss of goodwill and loss or damage to third parties shall never be compensable.
All claims for compensation shall lapse by prescription at the expiry of a period of twelve months from the date of notification.
In the event that the other party fails to timely perform any contractual obligation, or has been or is liquidated or dies or applies for judicial moratorium, deferment of payment of debts, or has been or is filed for liquidation or bankruptcy or its assets are seized, all amounts owed by the other party to UGATU shall be immediately due and payable in full and UGATU shall be entitled to dissolve all agreements without notice of default or judicial intervention being required, to suspend further deliveries and/or claim payment in full of all receivables, without prejudice to Ugatu's right to full compensation for all capital and other losses.
If the other party fails to comply with its obligations or fails to provide adequate security, UGATU shall be entitled to retain all assets in its custody and control on behalf of the other party.
By registering any customer as an Internet purchaser at www.ugatu.com, the purchaser shall also be bound by these General Terms and Conditions. The presentation of products on the Internet and in electronic catalogs shall be considered an approximation, in order to facilitate the business relationship, and without any contractual obligation. This obligation shall arise with the "order confirmation", not before. This can be sent by e-mail automatically or manually. Any delivery times stipulated in our Internet store, in electronic catalogs and in electronic marketplaces constitute general guidelines and shall not be binding on us.
Cada socio contractual solo utilizará los documentos y conocimientos recibido dentro de la relación comercial (incluyendo muestras, modelos y datos) para los objetivos mutuamente perseguidos y mantendrá la confidencialidad frente a terceros en la misma medida que si fueran propios
documentos, si el otro socio contractual los define como confidenciales o tiene un claro interés en su no divulgación. Esta obligación comienza a partir de la recepción inicial de los documentos o conocimientos y finaliza 36 meses después del fin de la relación comercial. La obligación no se aplica a documentos y conocimientos que son generalmente conocidos o ya conocidos por la parte contratante en el momento de la recepción, sin que éste esté obligado a no divulgación, o posteriormente son proporcionados por un tercero con la autorización apropiada o es desarrollado por la parte contratante receptora sin el uso de documentos confidenciales o el conocimiento de los demás socios contractuales.
Como una condición al uso por su parte del sitio Web UGATU, el cliente garantiza a UGATU que no utilizará el sitio Web Ugatu para propósitos ilegales o prohibidos por estos términos, condiciones y avisos. El cliente no puede usar el sitio Web Ugatu de tal manera que pudiera dañar, deshabilitar, sobrecargar o deteriorar el sitio Web Ugatu o interferir con el uso y provecho del sitio Web Ugatu por terceras partes. No puede obtener ni intentar obtener ningún material o información a través de ningún medio que no esté intencionalmente disponible o proporcionado a través del sitio web de Ugatu.
UGATU se reserva el derecho, a su exclusivo criterio, de cancelar su acceso al sitio Web UGATU y los servicios relacionados o cualquier parte de estos en cualquier momento, sin previo aviso.