MEATTOTRADE AND FOOD, SL CONDITIONS OF PURCHASE
1. The Conditions contained in this Clause shall apply to all and any contracts pursuant to which the MEATTOTRADE AND FOOD S.L (“Supplier”) shall sell any meat or other goods or products or any services:
In these Conditions:
‘Supplier’ means MEATTOTRADE AND FOOD S.L
‘Conditions’ means the standard terms and conditions of sale set out in this document
‘Contract’ means the contract for the sale and purchase of the Goods and/or the supply and acquisition of the Services
‘Goods’ means the meat or other goods or products (including any instalment of the goods or any part of them) which are to be purchased by the Purchaser from the Supplier means the price of the Goods and/or the charge for the Services
‘Price’ means the work or services to be performed by the Supplier for the Purchaser
‘Purchaser’ means the person, firm or company who purchases or agrees to purchase any Goods to the Supplier
and/or who performs or agrees to purchase any Services for the Supplier.
1.2 Basis of Purchase
1.2.1 These conditions shall have precedence over any conditions appearing on any acceptance form, delivery form or other document or letters whatsoever and any written or other terms or conditions sought to be imposed or incorporated into the contract by the Purchaser shall have no effect whatsoever, except insofar as they confirm the terms of the order.
1.2.2 No variation to these Conditions shall be binding unless agreed in writing by the Supplier.
1.2.3 If the Purchaser do not send back signed and sealed the invoice received from the Supplier in the exact period of 3 days from it’s reception, it is definitively understood that this invoice, and all the conditions of the Sale, have been accepted by the Purchaser even though the Purchaser have not pay still the 30% of the total Price.
1.3 Price of Goods and Services
1.3.1 The Price of the Goods and/or the Services shall be exclusive of any applicable Value Added Tax (which shall be payable by the Purchaser subject to receipt of a VAT invoice)
1.3.2 The Price of the Goods and/or the Services shall be prepaid in advanced in a 30% of the total invoice, 5 days before Estimated Time of Departure (E.T.D.).
1.3.3 The 70% pending of the total Price shall be paid 10 days before Estimated Time of Arrival (E.T.A.)
1.3.4. In case that the Purchaser do not pay the pending 70% of the total price, the Supplier would be entitled to retain any sums owed to the Purchaser by the Supplier.
1.3.5. In the same case that the Purchaser do not pay the pending 70% of the total Price, the Supplier could sell the Goods to a different Purchaser, or retain such Goods. In this case the Supplier will keep definitively the 30% of the Price as a compensation for the breaching of the Purchaser obligations.
1.3.6. In case that the Purchaser do not withdraw the Goods in 10 days after they were made available for the Purchaser according with the Contract, the Supplier will be entitled to resolve and terminate the Contract refered to such Goods, and it could retain as compensation 30% of the total Price of these Goods if prepayment had been made.
1.4 Risks and Property
1.4.1 Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery to the Purchaser in accordance with the Contract.
1.4.2 The Property in the Goods shall pass to the Purchaser upon delivery, unless payment for the goods is made prior to delivery, when it shall pass to the Purchaser once payment has been made and the Goods have been appropriated to the Contract.
2. Governing Law. Arbitration
2.1 All Contracts to which the Supplier shall be a party shall be deemed to be Spanish contracts governed by Spanish Law.
2.2 Any dispute arising from or relating to this contract, including any question regarding its existence, validity, interpretation, scope, performance or termination, shall be finally settled by arbitration in law, administered by the Civil and Commercial Arbitration Court (CIMA) in accordance with its Statutes and Arbitration Rules in force on the date of submission of the request for arbitration.
2.3 The Arbitral Tribunal appointed for this purpose shall consist of one Arbitrator and the language of arbitration shall be indistinctly Spanish or English. The place of arbitration shall be Madrid. The applicable law shall be Spanish Law”.
The period to make a quality claim will not exceed in any case 2 weeks from the reception of the merchandise by the client. Meattotrade and Food S.L. is not responsible for quality claims outside this period.