Terms and Conditions of Purchase
1. Interpretation
“Supplier” will refer to the person, company, or corporation that sells any products or services to the Purchaser. “Purchaser” will refer to DC Fine Chemicals Limited or to DC Fine Chemicals Spain S.L.U., as specified in the Purchase Order. “Contract” will refer to the contractual agreement between the Purchaser and Supplier, of which these terms should be considered an integral part. “Specification” will refer to the specification of the Products, as agreed between the Purchaser and the Supplier, and which the Contract defines in more detail. “Order” will refer to every Product or Service order sent to the Supplier by the Purchaser. “Products” will refer to the products ordered by the Purchaser and supplied by the Supplier.
“Force Majeure” will refer to every event that occurs against the parties’ will (or any person acting on their behalf) and which by its nature, the parties (or said person) could not have expected, or was inevitable should it have been expected, for example fortuitous events, storms, floods, disturbances, fires, sabotage, social disorders or riots, military or civilian authority intervention, acts of war (declared or undeclared) or armed attacks or any other national or international catastrophe, or one or more terrorist attacks, or power supply failures.
2. Orders
The Supplier is to consider each Order separate when selling Products in accordance with the Contract’s terms.
Changes to the Contract will not be binding unless the Purchaser and Supplier agree otherwise in writing.
3. Incoterms
The delivery conditions in every Contract will be specified in each order according to the Inconterms 2020, unless indicated otherwise in the sales confirmation.
4. Prices and payment
Where applicable, all prices exclude sales tax, VAT, duties, fees, or import fees of any nature collected by a state body.
Payment terms will be calculated from the date of the invoice, which will be 60 days unless agreed otherwise.
5. Packaging
The Supplier is responsible for packaging the goods correctly regardless of the Incoterms of the order. To assure the goods will arrive in good condition and in accordance with international shipping regulations.
Pallets, where supplied, will be suitable for use with a hand pallet truck or forklift, without a loading platform and be heat treated or fumigated and marked as such.
To protect the goods, the Supplier is to put a carboard sheet between the pallet and packages, as well as the top.
All packages: drums, bags, IBC, etc. are to arrive in good, clean and properly sealed condition, without any damage.
The Supplier will be held responsible if:
- The product is contaminated because the external or internal packaging is dirty.
- Packaging is damaged due to unsuitable pallets breaking during shipping.
6. Documents
For products supplied previously, any changes in specifications must be notified to the Purchaser and approved prior to dispatch.
A Certificate of Analysis (COA) with manufacturing and expiry dates, together with the usual shipment documents, are to be sent by e-mail immediately after shipping to the following address: purchasing.dcfc@dcfinechemicals.com
The SDS of each product is to be sent together with both storage and transport conditions. Special handling requirements (for example, whether a product is hygroscopic, air sensitive requiring packing under inert gas, etc.) must also be included.
Invoices must include the corresponding DC Fine Chemicals Purchase Order number (the last five numbers will be enough) and be sent by e-mail to the account department ap@dcfinechemicals.com.
7. Plastic Tax
To allow us to manage the EU Plastic Tax, we need the weight of all plastic included in the consignment to be noted in the Packing List / Delivery Note. This will include the plastic portion of filled drums, empty drums, labels, bags, the plastic in composite bags and other packaging, including shrink wrap film.
8. Product quality
Goods must come strictly from a single batch and have at least 80% remaining of the original shelf life, unless previously agreed with us in writing.
In the event of notification of a complaint by the Purchaser, the Supplier shall send a report of the investigation, together with the reasons for the issue, the immediate action to solve the complaint and the future actions to be taken to avoid the same problem in the future.
The Supplier will be responsible for any extra costs resulting from rectification of the complaint.
9. Force Majeure
The Purchaser will not assume any legal liability or any other condition for infringement of any of the obligations contained in the Contract, for the period and while said obligation is impeded, hindered, complicated, or delayed due to Force Majeure.
10. Supplier evaluation
In compliance with the ISO 9001 quality system, Suppliers will be evaluated by a formula which considers the following points:
- The number of orders placed.
- The quality of products received.
- The number of non-conformances.
- The nature of non-conformances.
- The supplier’s quality and sustainability certifications, giving special importance to ISO14001.
- Effectiveness of corrective actions.
11. Applicable law
Contracts with DC Fine Chemicals Ltd will be governed by English Law, and Contracts with by DC Fine Chemicals Spain S.L.U. will be governed by Spanish Law.
12. Acceptance
These Terms and Conditions shall be applicable on acceptance of our Purchase Order.