General Terms and Conditions

1.1 Scope of application

These terms and conditions apply to every order received by Quality Chemicals S.L. from any customer worldwide and in Spain.

 

1.2 Orders

Orders must be sent by email direct to customer-service@qualitychemicals.com. Do not send faxes or send orders by regular mail.

Orders must include the following information:

• Complete reference numbers (6 digits). If not, please provide us with a full description of the product (with the quality required) and the capacity of the packaging.
• Quantity required
• Your order number
• Delivery and invoice address
• Forwarding agent (if an Ex-Works shipment is arranged)
• With regard to courier shipments, we shall charge a handling fee of € 50.

If the order is received with an expired offer, a new price will be quoted by your account manager.

The purchaser is solely responsible for the use of the product requested and for ensuring when ordering that the product is suitable for its needs.

Acceptance of the order will be in writing by an order confirmation.

The minimum order value per product required is €1250.

 

1.3 Supply

Delivery dates and deadlines previously reported will always be guidelines and any delivery is subject to stock availability.

Private label products will be supplied as per the agreement with our partner: production on demand.

Our aim is to supply the best quality and deliver the goods as soon as possible, although unforeseeable circumstances may delay delivery of the goods. Difficulties with transport, irregularities in the production procedure and delays in the supply of raw materials are examples of these circumstances that can extend the delivery of the goods.

If it is not possible to supply the whole order to our customers due to the above circumstances, we are released from the obligation to supply the goods concerned.

 

1.4 Prices

All prices are in euro and are exclusive of VAT if the sales are outside Spain.

Incoterms will be decided by the customer with their Account Manager.

If any raw material increases in price by more than 5%, we reserve the right to change the prices of the products affected. These changes will not be applied if you have received the relevant order confirmation before the said amendment.

 

1.5 Payment terms

Payment terms will be agreed between the customer and Quality Chemicals.

Regarding means of payment, there must be an agreement with Quality Chemicals S.L. before the purchaser places an order. This agreement must comply with Act 15/2010.

All orders are subject to the terms and conditions stated on our invoices. However, the payment terms accepted by Quality Chemicals are:

• Letter of credit
• Bank transfer: the date of receipt of the payment is deemed to be the day when we receive notification about such payment from our bank.
• Payment in advance: when making the bank transfer, you must indicate our pro forma invoice number in order not to delay your shipments.

We only accept € transfers, as our invoices are all in Euro. USD is not accepted.

Any bank commissions or any other bank costs charged by your bank will be at your expense.

 

1.6 Shipping conditions

Commercial offers will indicate the corresponding incoterm agreed with the customer. For EU customers commonly used incoterms are DAP (Delivery At Place) for air or road shipments.

For non-EU customers, the incoterm Ex-Works is the most commonly used shipment option.

We can ship our products from Esparreguera or from Venta de Baños, if it is a GMP product.

If you are interested in arranging an Ex-Works shipment, you can designate the forwarding agent, but we always suggest working with our recommended agents who have experience in handling hazardous goods. In case of using your forwarder, please let us know their:

• Company name
• Telephone no.
• Email address
• Contact person

 

1.7 Product

The products are considered accepted by the purchaser and consistent in quality and quantity except when in the period of thirty days from receipt, the purchaser sends written claim indicating non-acceptance of the product. In the event of a non-acceptance due to quality, Quality Chemicals will verify batch analysis with an archived counter sample and will send a written technical report to the purchaser. If the non-acceptance is agreed, the product will be exchanged. If differences exist between the parties, both agree to refer the matter to the competent official body chosen by Quality Chemicals S.L.. This body will perform an alternative analysis and will mediate between the parties. The resolution will be binding and of mandatory compliance.

The containers and packaging used by Quality Chemicals are suitable for the products supplied. They include the corresponding approval when containing hazardous goods.

 

1.8 Returns, cancelations and modifications

• Returns:
  Return of goods will not be accepted unless you have our written consent. Returning goods is only possible in exceptional cases: the products must be in perfect condition, should not have been mishandled and must be in their original packaging so they can be resold. In such cases we will accept the return but we will have to charge a handling fee. This fee will be 20% of the net value of the goods. You will have to pay for the cost of shipping these products to our warehouse. Goods returned without advance notice will be shipped back to the sender at their own risk. Empty containers and packaging are not subject to return.

• Damaged and/or Defected Good:
  Upon the carrier's delivery of Products to Buyer, Buyer shall immediately inspect the Products for damage and missing quantity while the carrier is still present. If Buyer discovers any damaged or missing Product, Buyer shall require the carrier to i) make a notation of Buyer's discovery on the bill of lading, and ii) sign the bill of lading, indicating the time & date. Buyer shall obtain from the carrier a copy of the signed bill of lading that denotes Buyer's discovery of damaged or missing Product. If Buyer has (or intends to make) a claim against the carrier, Buyer shall notify Seller of the claim immediately, and in any event no later than 10 days after the date of the carrier's delivery of the Product to Buyer. Buyer's notice to Seller shall include a copy of the signed bill of lading that denotes the damaged or missing Product.

• Cancellations:
  No cancellations of orders are accepted once the goods have been dispatched. If you want to cancel an order for products already ordered, we will charge a handling fee of 20% of the net value of the goods, minimum €250.

• Modifications:
  Should modifications to package type or dispatch date of a pending order be requested of us by writing, a 10% surcharge of the net value of the goods will be added with a minimum of €125.

 

1.9 Other terms

1. Any additional conditions stipulated by the purchaser before or after placing an order that differs from these terms of sale will be deemed invalid unless accepted in advance in writing by us.
2. Under Section 18 of the Packaging and Packaging Waste Act 11/1997 (implemented by Royal Decree 782/1998), the end user is responsible for appropriate environmental management of industrial packaging.
3. Ownership of our products will only be transferred when the purchaser has completed payment of the invoice. If the purchaser has re-sold or altered the product, Quality Chemicals retains ownership of the product and may freely defray costs against other goods supplied to the purchaser until the amount due is met.
4. In any disputes concerning the interpretation of these terms of sale the parties waive any other venue to which they may be entitled and submit themselves to the courts of Barcelona (Spain). These terms of sale are governed by Spanish law and any other that may apply is expressly excluded.

1. Supply

Supplies are to be performed as indicated in the order placed by Quality Chemicals S.L. and are to be accompanied by the corresponding delivery note, which will include the order reference and delivery data.

 

2. Documents to be suplied

• Delivery note indicating order number, amount, price and product description.
• Certificate of analysis (if necessary)
• Certificate of tank cleaning (if the product is transported in a tank)

 

3. Order acceptance

Conformity given to the material at the time of delivery does not imply full acceptance of the supply. This will be completed after the performance of quality control tests to determine product conformity. We reserve the right to return the product if it does not meet the specifications and quality set out in the current approval of the product or previous deliveries. In case of a return for this reason, any expenses will be met by the supplier. In the event of loss or damage during carriage, the supplier will replace the defective material at their own expense.

 

4. Price

Changes made in the price after placing the order are to be confirmed and accepted written by Quality Chemicals S.L.

 

5. Date of delivery

We reserve the right to cancel an order when the supplier cannot meet the established delivery date.

 

6. Packaging

The supplier is responsible for the delivery of the product in packaging appropriate for the nature of the material. Packaging for hazardous goods must be approved for the carriage and storage of such goods.

 

7. Company policy

Suppliers and subcontractors will find full information on our website www.qualitychemicals.com about company policy concerning quality, the environment, health and safety and environmental standards for operating in our plant. Suppliers must comply with all Quality Chemicals S.L. environmental standards and failure to do so may lead to suspension of the contract.

 

8. Jurisdiction

In any disputes concerning the interpretation of these terms of sale the parties waive any other venue to which they may be entitled and submit themselves to the courts of Barcelona (Spain). These terms of sale are governed by Spanish law and any other that may apply is expressly excluded.

QUALITY CHEMICALS, S.L., is a company committed to food and pharmaceutical safety, product and consumer protection, respecting environmental and work safety, and ensuring the hygienic and sanitary quality of its products aimed at the pharmaceutical and food industry, with the lowest environmental impact possible. For these reasons, systems for quality management, food and feed safety, environmental management and work safety have been implemented (ISO 9001, ISO 14001, FSSC 22000, ISO 45001, GMP+ and ICH Q7 EU GMP Part II), which ensure compliance with the best hygienic practices throughout all our industrial processes.

 

The aim of QUALITY CHEMICALS, S.L. is to manufacture high quality products under safe and hygienic conditions. For this reason, the collaboration of the companies hired for the transport of the products in complying with the following standards is essential:

 

1. The vehicles must be in adequate hygienic condition for the transport of products, especially those intended for the food, feed and pharmaceutical industry.
2. As said vehicles and transporters will access a facility in which products for the food, feed, and pharmaceutical industry are manufactured, we kindly inform you that it is forbidden to eat or drink except in the areas intended for that purpose. Smoking is strictly forbidden in all the facilities.
3. Kindly note that it is not allowed to access the facilities in case you are suffering from any infectious disease. In case of becoming aware of that condition after accessing the facilities, it must be diligently notified to QUALITY CHEMICALS, S.L.
4. Order and cleanliness are a priority in order to preserve security. The working areas are to be cleaned and arranged before, during or after each activity, keeping them free of debris and spills. In case of having any waste or spill, it must be collected and managed following the procedures of the company.
5. Loading and unloading operations will be performed at the agreed times, with maximum punctuality and avoiding waiting times. These operations are to be performed by the internal staff, so the transporter will only perform auxiliary tasks following the instructions of the QUALITY CHEMICALS, S.L. staff.
6. All staff at the facilities must respect the waste management methods of QUALITY CHEMICALS, S.L., including external staff. If any contamination of the grounds occurs, it must be reported immediately to adequately contain the spill.
7. Carriers may only access the cargo loading and unloading area. Access to the rest of the facilities is prohibited unless the person in charge of the corresponding area decides otherwise.

 

All transporter companies must know and comply with the established requirements when operating inside QUALITY CHEMICALS, S.L. facilities, and they assume the responsibility to communicate these requirements to their own staff.