GENERAL TERMS AND CONDITIONS OF CONTRACTING
REFRIGERACIÓN DE RIVEIRA S.L.
1. Scope of Application
These general terms and conditions of contracting shall apply to any contract made between REFRIGERACIÓN DE RIVEIRA S.L. (hereinafter “the Company”), within its activity (installation and repair of industrial refrigeration and air conditioning systems), and any other company contracting with it (hereinafter “Client”, “Supplier”, or “Subcontractor”), unless otherwise agreed in writing.
They may only be modified by written agreement between the parties. The general conditions of the client, supplier, or subcontractor that conflict with or contradict these shall not apply, even if the Company is aware of them. Any modification to these terms shall not affect already concluded contracts. They are available at the Company’s offices at C/ Deán Pequeno 113, Riveira (A Coruña), on the website www.climafrio.gal, and in the Movable Property Registry of A Coruña.
2. Sales / Rental Conditions
2.1 Estimate
The CLIENT is entitled to a written and detailed estimate valid for 90 days. If after receiving it they decide not to proceed, they must pay for the hours worked and expenses incurred. If the work is directly commissioned, it is understood that the CLIENT waives the estimate. Acceptance may be done by signature, email, fax, or telephone. Work will not commence without payment of the required deposit.
2.2 Time and Place of Delivery
The deadline will be as agreed in the contract. The client shall be responsible for accessibility to the site, electrical power, water, loading/unloading means, free movement of personnel, etc. The deadline may be extended in the event of failure to meet requirements, incorrect data, or causes beyond the company’s control.
2.3 Price
Prices are net and do not include taxes unless otherwise agreed in writing. They will be expressed in the agreed currency and applied according to the agreed terms or applicable Incoterms.
2.4 Payment Terms
Payment shall be made in cash unless otherwise agreed in writing. If payment is deferred, legal interest shall accrue on late payments. The company may require guarantees before continuing services.
2.5 Interest and Collection Costs
The CLIENT shall pay late payment interest in accordance with Law 15/2010, and collection costs may be claimed.
2.6 Acceptance
The delivery document must be signed by the client or authorized person. In their absence, the signature of another person identified at the site will be considered valid. The company may charge storage fees for products. In rentals, the lessee receives the material in good condition and must return it in the same condition, being responsible for any damage or negligence. The material remains the property of the lessor and cannot be sublet. In the event of loss or theft, it will be invoiced as a sale at market price.
2.7 Warranty
The company adheres to the manufacturer’s warranty or the one required by law. Deficiencies caused by wear, poor maintenance, or external causes are excluded. The warranty applies only if payment has been made and the defect is verified through internal control.
2.8 Insurance
The risk passes to the client once the object of the contract has been delivered.
2.9 Client’s Breach of Contract
In case of breach or insolvency of the CLIENT, the company may terminate the contract or suspend execution without liability. All outstanding payments shall become immediately due.
2.10 Retention of Title
The company retains ownership of the material until full payment has been made and may retrieve it in case of default.
2.11 Set-off
The company may offset mutual debts with the client or its corporate group.
3. Purchase Conditions
The supplier undertakes to comply with the terms agreed in the order, current regulations, and legal requirements (labor, tax, environmental, occupational safety, etc.). It guarantees that the products are its property, of adequate quality, and free of charges. It must repair or replace defects during the warranty period and bear costs arising from non-compliance. No order will be valid without the signature of the manager or purchasing director of REFRIGERACIÓN DE RIVEIRA S.L.
4. Subcontractor Obligations
Subcontractors must comply with safety, health, and prevention regulations in force (Law 31/1995 and Royal Decree 1627/1997), inform their staff, use PPE, comply with business coordination requirements, and have civil liability insurance. They are responsible for damages, delays, or defects and must take corrective action if non-compliance is detected.
5. Force Majeure
Force majeure shall mean any cause beyond the control of the parties (strikes, fires, floods, etc.). If it prevents performance, the affected party must notify the other. The company shall not be liable for non-performance due to force majeure, but the client must pay for goods already delivered.
6. Notifications
Communications made by postal mail, email, phone, SMS, fax, or WhatsApp to the details provided by the client shall be valid. The client must keep their information updated.
7. Confidentiality and Data Protection
In accordance with Organic Law 15/1999, the client’s personal data will be included in the CLIENTS file owned by the company for the purpose of managing the contractual relationship. The client may exercise their rights of access, rectification, cancellation, and opposition by writing to the Data Protection Officer. The company will retain the data for five years after contract termination.
8. Severability
If any clause is found to be invalid, the remaining clauses shall remain in full force and effect.
9. Governing Law
These terms shall be governed by Spanish law.
10. Jurisdiction – Arbitration Clause
The parties agree to resolve any dispute amicably. If this is not possible, they shall submit the conflict to the Tribunal of the Association for Commercial Arbitration (TAM), in accordance with its regulations. The parties expressly submit to Spanish jurisdiction.