Purchase conditions and services
This document establishes the General Conditions of Purchases and Services and its purpose is to regulate the relations between Grupo CMC, hereinafter CMC, and its suppliers, forming part of the Contractual Documentation for the purchase / contracting of equipment, materials or services.
These conditions will apply to all purchases of goods, equipment, materials and services contracted by CMC.
The presentation of offer / proposal of service by the supplier will imply the acceptance of these conditions by you. In case of accepting the offer / proposal of the supplier by CMC, these conditions will be considered as the basis of the contract between the parties.
These conditions will apply with respect to all those terms that have not been expressly regulated in the particular conditions of the order, the request for offer or service proposal or the contract signed by both parties.
3.1 Obligations regarding environmental responsibility
- The supplier will comply at all times with the current European, national, regional or local environmental regulations, or that could be dictated during the provision of the services and / or performance of the job, as well as the specific security policy and regulations and CMC environment.
- Any incident that the supplier thinks may have an environmental impact on the development of the order / service, will be communicated to CMC by any means that allows proof of receipt.
- The supplier must adopt the necessary measures to prevent any environmental impact and to carry out an adequate management of the waste that may be generated during its activity.
3.2 Obligations regarding occupational risk prevention
- In CMC, no job can be carried out that compromises safety or health. For this reason, before any risk situation or unsafe behavior, the suspension of work and the restoration of safety conditions will be determined.
- The supplier is obliged to comply with the provisions of the General and Regional Regulations on Occupational Risk Prevention. In addition, the supplier must comply with CMC’s internal safety standards.
- Coordination of business activities. CMC notifies the supplier about working conditions within the premises. CMC warns of possible dangers and makes available the necessary information for this.
- The provider is obliged to be trained and comply with the established prevention measures.
- CMC reserves the right to withhold payments in the event that the provider does not provide the documentation proving the corresponding prevention.
3.3 Obligations regarding information security
3.3.1 Data Protection
- All information that CMC provides to the supplier must be used exclusively for the purposes of the execution of the order / contract, the reproduction, distribution and communication of said information being expressly prohibited in any way and the supplier committing to restore it fully to CMC or destroy it and certify its destruction, once the order / contract has been made and, in any case, at the time CMC so requests.
- The supplier undertakes to keep in all absolute confidentiality all information obtained from CMC, both verbally and in writing. Confidential Information is considered any data that the provider accesses by virtue of their contractual relationship.
- The supplier will inform its personnel and will make the necessary warnings about the obligations regarding confidentiality established in this contract, in order to ensure compliance and assuming the responsibilities that arise in case of breach.
- The confidentiality obligations established will last indefinitely, remaining in force after the end of the contractual relationship.
- Both CMC and the provider are committed to compliance with the General Data Protection Regulation (GDPR).
3.3.2 Intellectual property
- The supplier guarantees to CMC that it has the legitimate use of registered trademarks, patent, copyright, design rights, licenses, authorizations and other industrial and intellectual property rights necessary for the performance of the contracted service.
- The supplier is responsible for obtaining the concessions, permits and authorizations required by the holders of the patents, the models and related trademarks, as well as the intellectual property rights. The provider will be responsible for paying the corresponding fees or charges.
4.1 Conditions of supply, delivery and transport
- The provider will execute the service in a professional manner and at the agreed time, place and manner, in accordance with the provisions of this document, the Order / Contract or any other contractual document.
- The supplier undertakes to notify CMC of any circumstance that modifies the established delivery times.
- CMC reserves the right to inspect all contracted materials, equipment and services, through free access at all times to the contractual provision.
- The contracted benefits will be controlled and supervised by CMC in the same way as if they were made by it.
- CMC will evaluate the benefits made after its completion or after twelve months in the provision of services.
4.4 Acceptance of materials and services
- CMC reserves the right to refuse merchandise in case the product does not meet the agreed requirements or due to non-compliance with the delivery conditions.
- In the event that the delivery of goods or products is rejected for a good reason, all expenses and consequences arising will be paid by the supplier, unless expressly agreed otherwise.