Suppliers – SIMOLDES GROUP: The present general purchasing conditions apply to all purchases made by any of the Companies(*) belonging to the Simoldes Group. They are complemented by a set of contractual documents that govern the relationship between Simoldes and the supplier.
Purchases made by Simoldes are subject to a prior written order and must indicate the following points The order number, the date of the order, the references and designations of the purchases, the place and method of delivery, etc.
The delivery date stated in the order is binding and applies to purchases, technical, administrative and shipping documents.
Therefore, the supplier undertakes not to deliver purchases before or after the due date. Or in excess quantity without the express authorisation of the Simoldes Purchasing Service. Therefore, it undertakes to bear all costs resulting from this early, late or surplus delivery, without prejudice to termination by operation of law.
The choice of the means of transport must be made in order to respect the contractual deadline of the order, which presupposes the purchase delivered at its destination. Thus, all expenses necessary to respect the deadline or limit delays are the responsibility of the supplier.
That said, purchases are delivered in appropriate packaging, specified in the order or in specifications. They must also be adapted to the nature of the purchase, the environmental characteristics of the destination and all storage conditions to which they will be subjected.
The supplier is responsible for the quality of the purchases delivered and undertakes to implement an appropriate quality assurance system. That is, the purchases shall conform to the plans, specifications or specifications delivered by Simoldes.
The supplier is challenged by Simoldes to make all recommendations regarding the suitability of the plans, specifications and specifications sent to him.
Non-conforming purchases delivered to Simoldes are returned to the supplier at his own risk.
Delivery is made at Simoldes’ premises on working days and during the working hours. Therefore, the reception of purchases is at the place of delivery already foreseen (previously).
The supplier undertakes to bear all consequences, particularly financial, that Simoldes may suffer as a result of non-compliance with these provisions.
With regard to prices indicated on order forms, these are fixed and include delivery to Simoldes’ premises. That is, the supplier cannot claim payment of an invoice unless when all the contractual obligations corresponding to his order are executed.
Otherwise, Simoldes reserves the right to withhold payment until perfect execution. Thus, payment is not equivalent to approval of the products delivered, nor of the amount invoiced, and under no circumstances does it mean the waiver of further recourse.
The transfer of risks and the acquisition of property regarding delivered purchases is made at the moment of confirmation (after receipt and respective conformity by Simoldes). Having said this, the supplier undertakes to assert and protect Simoldes’ rights over the purchases. To this end, Simoldes is authorised to apply to the respective products all the signs that allow them to be identified as its exclusive property.
Regarding warranties: the supplier is responsible for their products, services and equipment towards Simoldes.
The supplier is obliged to take out a Civil Liability insurance policy for the products after delivery. Furthermore, he assumes the guarantee against the consequences of any third-party claim regarding industrial, intellectual, literary or artistic property.
As regards tools and models entrusted to suppliers by Simoldes for the execution of an order, these remain the property of Simoldes under all circumstances. They must be marked with a plate indicating the identity of their owner and made available to Simoldes upon a simple three working days’ notice. Their maintenance and proper upkeep are the responsibility of the supplier in charge of executing the order.
The supplier may not subcontract his obligations without the prior written agreement of Simoldes and shall remain solely liable to Simoldes. He will also be responsible for ensuring the transmission and compliance with these general purchasing conditions.
Simoldes reserves the right to suspend the execution of an order at any time. Consequently, there is an exclusion of all indirect damages such as loss of exploitation or loss of profit. Therefore, in the event of failure by the supplier to comply with its contractual obligations, Simoldes is entitled to terminate its orders by operation of law. This, without prejudice to the right to damages.
Therefore, should the supplier perform any personal data processing operation within the scope of a purchase from Simoldes, it is obliged to comply with the general legal framework of the Data Protection Act existing in Portugal. This regulation can be consulted at: https://simoldes.com/politica-de-privacidade/.
All Simoldes orders are governed by Portuguese law. Therefore, any emerging litigation is submitted to the exclusive jurisdiction of the Judicial Court of the District of Oliveira de Azeméis.