Purchase Conditions

General conditions for sale of extruded aluminum profiles

This document establishes the general conditions associated with the order of extruded aluminum profiles between ALUVAL S.L. (hereinafter, the "Seller") and THE CUSTOMER (hereinafter, the "Buyer").

1. HOW TO PLACE AN ORDER

1.1. The Buyer will place the order by a written purchase order, detailing product specifications, quantity, finish, price, and any other relevant information.

1.2. The Seller undertakes to confirm receipt of the order by issuing an order confirmation to be reviewed and signed by the buyer (if two days pass from confirmation without contact, the order will be understood as approved) and to verify the availability of the requested products.

1.3 No order may be canceled, totally or partially, by the buyer once its manufacture has been started by Aluval, except by express agreement of both parties.

1.4 If applicable according to the EN-15088 standard, the need for CE marking on product labels must be indicated if required.

2. DELIVERY

2.1. The delivery of the profiles will be made on the date agreed between the parties, as specified in the purchase order. This date may be altered, canceled, or not accepted due to unforeseen circumstances or force majeure without the buyer being able to claim any compensation.

2.2. The place of delivery will be the address indicated by the Buyer in the purchase order, unless another place is agreed upon in writing.

2.3. The risk of loss or damage to the profiles will transfer to the Buyer at the time of delivery.

2.4 The transfer of ownership of products supplied to the buyer only occurs with payment of all products invoiced by Aluval; thus, in case of non-payment, total or partial, Aluval will be fully legitimized to withdraw unpaid goods from the customer's facilities.

3. PRODUCT WARRANTIES AND CLAIMS

3.1. Warranty: The Seller guarantees that the extruded aluminum profiles comply with agreed specifications and are free from manufacturing defects. This warranty is understood provided that the merchandise has not been altered or modified by personnel external to the seller.

3.2. Claims: Any claim for defects or discrepancies in the order must be submitted in writing within 10 days of receipt of the merchandise.

3.3 The claim made by the customer will be processed by Aluval using the document "CUSTOMER CLAIM REPORT (IRC)," a process audited by ISO 9001, to which the customer will have access.

3.4. The buyer will be obliged to allow Aluval to examine the goods.

3.5. The delivery of defective merchandise by the seller will not generate any right of compensation in favor of the buyer beyond replacement of defective merchandise with valid goods or restitution of the price.

4. PRICE AND PAYMENT TERMS

4.1. The price of the profiles is established in [amount], expressed in EUROS (€), as agreed in the corresponding invoice.

4.2. Payment will be made in accordance with the conditions established in the invoice, indicating initial percentage, deadlines, and any other relevant information.

4.3. In case of delay in payment, late payment charges of 5% will apply as established in the particular conditions of the contract.

4.4. Total or partial non-payment of merchandise by the buyer after the fixed term, reduction or elimination of granted credit, insolvency situation, pre-bankruptcy or bankruptcy proceedings, or any comparable situation will allow Aluval to paralyze orders, deliveries, or manufacturing until the buyer has satisfied the owed amounts or proposed new alternatives for granting new credit. Similarly, the buyer waives any compensation for damages or losses that this paralysis may have caused them.

5. PERSONAL DATA

5.1. The Buyer provides personal data necessary for order management, which will be processed in accordance with current legislation on data protection.

5.2. The Seller undertakes to protect the confidentiality of personal data and to use them exclusively for purposes related to the order.

5.3 The seller undertakes to process the data provided by the buyer within the framework of Organic Law 3/2018 of December 5 on Personal Data Protection and guarantee of digital rights.

5.4 The buyer may exercise their rights, including the right to withdraw their consent (if it was granted), by sending a letter accompanied by their ID to ALUVAL S.L. at Avenida Castellón nº2, 46210. Picanya (Valencia) or by sending an email to info@aluval.es.

6. APPLICABLE LEGISLATION AND JURISDICTION

6.1. This agreement will be governed and interpreted in accordance with the laws of Spain. Any dispute arising from this contract will be resolved by arbitration in accordance with the rules of the Courts of Valencia, and the arbitrator's decision will be final and binding.

6.2. Both parties acknowledge having read, understood, and accepted all general conditions established in this document.

Conditions on the ownership of dies

The general conditions of sale of industrial extruded aluminum profiles, including ownership of dies and tools for extrusion, are a fundamental part of any commercial agreement between an aluminum profile manufacturer and its customers. These conditions establish the terms and conditions under which the sale will take place, and it is important that both parties understand and accept them before formalizing any transaction.

Definitions:

Terms used in the agreement must be clearly defined, such as:

- Industrial extruded aluminum profiles: Aluminum profiles are pieces with a specific shape used to build various structures and elements. These profiles are manufactured through an extrusion process in which an aluminum block is taken and pushed into a die to obtain the desired shape.

- Dies: Metal mold to achieve the desired shape. Each type of profile has an appropriate "mold" called a die, which determines its shape, corresponding to the cross-section of the desired profile.

- Extrusion tools: Elements that complement the aluminum die (ring, bolster, etc.) so that extrusion can be performed.

Ownership of dies and tools:

Considering that the production and acquisition of dies for manufacturing profiles are done according to your request and are a product of plans presented and approved by you. We decline any responsibility that may arise from the use of said dies, both those resulting from the application of the "Patent and Trademark Law" and any other right of a third party that might feel aggrieved, with the customer responding to any claims that might be instigated and expressly exonerating us from any litigation and liability.

Exclusive use:

Payment for the die indicates exclusive use by the customer; it is guaranteed they will not be used for profile production for other customers without express consent.

Custody and maintenance:

After 12 months since the customer's last material order, non-payment, or bankruptcy of the customer, ALUVAL S.L. reserves the right to scrap it.

Associated costs:

The economic offer for the die applies only to the first die. Aluval would bear the cost of remaining replacement dies as well as their maintenance.

Design change:

A design change will involve rectifying the initial plan with subsequent approval by the customer.

Payment terms:

Dies will be invoiced after plan approval. Samples must be approved before production of the extruded profile.

Delivery terms:

The economic offer is valid for 30 days. Payment for the die means acceptance and start of the sample delivery term, established at 60 days. This date may be altered, canceled, or not accepted due to unforeseen circumstances or force majeure without the buyer being able to claim compensation.

Warranties and claims:

Aluval guarantees die production according to plans accepted and approved by the customer.

Regarding any discrepancy, the profile scanner available at Aluval facilities will be used.

Confidenciality:

The Buyer provides personal data necessary for die management, which will be processed in accordance with current legislation on data protection. Aluval undertakes to protect the confidentiality of personal data and use them exclusively for purposes related to the order.

Applicable legislation:

This agreement will be governed and interpreted in accordance with the laws of Spain. Any dispute arising from this contract will be resolved by arbitration in accordance with the rules of the Courts of Valencia, and the arbitrator's decision will be final and binding.

Both parties acknowledge having read, understood, and accepted all general conditions established in this document.

Ordering requirements for extrusion, powder coating, anodizing, machining and cutting, thermal break and packaging

EXTRUSION

  • THE MINIMUM QUANTITY FOR AN EXTRUSION ORDER IS 500 KG PER REFERENCE.
  • THE CUSTOMER MUST ADMIT TOLERANCES OF +/- 10% ON THE QUANTITY OF THEIR ORDER.
  • STANDARD BAR LENGTH IS BETWEEN 5 TO 7 METERS, BEING POSSIBLE BETWEEN 3 TO 10 METERS UPON CONSULTATION OF SURCHARGE AND FEASIBILITY.
  • PROFILES WILL BE EXTRUDED ACCORDING TO UNE-EN-755-9 OR 12020-2 AND CONFORMING TO THE PLAN APPROVED BY THE CUSTOMER.
  • THE CE MARKING OF EXTRUDED MATERIAL MUST BE CONFIRMED, IF APPLICABLE, ACCORDING TO EN-15088.

POWDER COATING

  • POWDER COATING WILL BE INVOICED BY M2.
  • THE MINIMUM QUANTITY FOR NON-STANDARD COATING (T. 90, 91, 92) IS 100 M2 PER COLOR; IF THE QUANTITY IS LESS, A SURCHARGE WILL APPLY.
  • MINIMUM INVOICING PERIMETER IS 0.15 M2.
  • STANDARD BAR LENGTH IS BETWEEN 5 TO 7 METERS, BEING POSSIBLE BETWEEN 4 TO 5 METERS UPON CONSULTATION OF SURCHARGE AND FEASIBILITY.
  • IF BARS HAVE A LENGTH LESS THAN 5 METERS, A 25% SURCHARGE WILL APPLY.
  • IF BARS HAVE A LENGTH LESS THAN 4 METERS, A 40% SURCHARGE WILL APPLY.
  • PROFILES WILL BE POWDER COATED FOLLOWING QUALICOAT-SEASIDE QUALITY LABEL GUIDELINES AND WILL HAVE A HOLE AT ONE END AND A CLAMP MARK AT THE OPPOSITE END (BOTH ABOUT 2 CM FROM EACH TIP).
  • IN WOOD-EFFECT COATINGS, STANDARD BAR LENGTH IS BETWEEN 5 TO 7 METERS, BEING POSSIBLE BETWEEN 4 TO 5 METERS UPON CONSULTATION OF SURCHARGE AND FEASIBILITY.

MACHINING AND CUTTING

  • FOR MACHINING AND CUTTING OF ALUMINUM BARS, THE PROCESS WILL BE ACCOMPANIED BY A PLAN WITH CUSTOMER CONFORMITY.
  • STANDARD CUTTING TOLERANCE IS ± 10mm.
  • MACHINING TOLERANCES WILL BE MARKED BY THE CUSTOMER ACCORDING TO STANDARD AND ALWAYS SUBJECT TO NEGOTIATION BETWEEN BOTH PARTIES.

PACKAGING

  • STANDARD PROFILE PACKAGING WILL BE IN STRAPPED BUNDLES WITH CARDBOARD CORNER PROTECTORS AND PROFILES PROTECTED WITH STRETCH PLASTIC FILM.
  • SPECIFIC PACKAGING REQUESTED BY THE CUSTOMER UPON EXPRESS REQUEST CAN BE CONSULTED FOR FEASIBILITY AND COST.