Legal Terms

Legal Terms

General Purchasing Terms and Conditions

1. DELIVERY TERMS

Delivery shall be carried out in the terms expressly set out in each order. In case of breach of the delivery term, EUROPAVIA S.A. hereby reserves itself the following rights at its discretion:

  1. Consider the order to be final, applying to the Supplier the penalties in respect of the sum for the material to be delivered, in the same amount that the end-customer could apply to EUROPAVIA because of the delay produced.
  2. Consider the order as cancelled, requiring only EUROPAVIA´s written notice to the effect.

2. RECEIVING

No materials will be accepted without being accompanied by a delivery note stating number of packages, measuring unit, quantity and reference of the material, and number of the purchasing order to which the delivery corresponds.The documentation provided (Certificate of Conformity, EASA, workshop report, Test report), will be what is required in the specific order on the “Documentation required” block. Not accomplishing this will lead into a Non-Conformity and material will not be accepted. Please see 9.2 requirements.

3. RETURNS AND REJECTIONS

EUROPAVIA shall assume no liability for materials supplied in excess of those set out in its reference order, even though they may have been accepted in its stores, reserving itself the right to return said amounts at Supplier´s expenses. Likewise, goods rejected by EUROPAVIA´s Quality Control, shall be returned with the freight of the Supplier, which shall be bound to replace it within 20 days, freight paid, unless instructions on the contrary are received.
EUROPAVIA shall have 30 days, excepting causes of Forces Majeure, for the verification of the material by reception Control, and for the issue of the acceptance or rejection note.

4. TRANSPORT AND PACKING

Transport insurance and packing of the goods shall be at Supplier´s expense, no charge will be accepted under this title unless expressly so agreed. Should the case be that of a freight shipment, then the forwarder to be used shall be the one designated by EUROPAVIA and indicated in the purchasing order. Packing must accomplish ATA regulations.

5. INVOICING

Invoices will be send to EUROPAVIA by the following email address: invoices@europavia.es

6. PAYMENT TERMS

Unless otherwise stated payment will be made check at 60 days from invoice.

7. WARRANTY/CIVIL RESPONSABILITY

Supplier shall indemnity and hold EUROPAVIA safe and harmless in respect of any claims which may arise due to a defect supply as well as for breaches of patents, trademarks or utility models and shall, at its own expense, defend any litigation arising therefrom, provided that the products do not fulfill to the characteristics corresponding to the reference provided.

8. ORDER ACKNOWLEDGMENTS

Supplier will tend back to EUROPAVIA copy Nº2 “P.O. ACCEPTANCE” duly signed. Acceptance of this purchase order means the acceptance of this General Purchasing Terms and Conditions in its entirety.
EUROPAVIA accepts no other terms or conditions which are in conflict with those set out in this purchasing orders unless so specified in writing.

9. QUALITY REQUIREMENTS:

The following GENERAL and SPECIFIC requirements will be applicable in addition to the SPECIFIC requirements indicated in the purchase order.

9.1. GENERAL REQUIREMENTS

  • The goods to be delivered will always be brand new except when something different is mentioned in the order. This will not apply to subcontracts such as repairs inspections, overhauls, revisions, bulletin accomplishments, etc. and must be known by EUROPAVIA.
  • When the items to be delivered have usage limitations such as life limited materials (elastomers, painting, sealings, adhesives, etc.), Supplier will provide EUROPAVIA with the manufacture date and life time limit date as well as information relevant to the applicable specifications’ requirements. New material will have upon arrival in EUROPAVIA a remaining life time at least 90% as a minimum.
  • If that items being delivered were trial, test or inspection equipment, Supplier will provide EUROPAVIA with a Calibration Certificate, internationally traceable including data such as Reference, type, serial number, acceptance procedure, last calibration date and next calibration recommended date.
  • EUROPAVIA being a Supplier of military contracts subject to the regulations of NATO Quality Assurance for Production, short title of the PECAL-2110, AQAP-2131, AQAP-2070, EN9110 as well as EN9120 and Part-145, obliges the Supplier to give access to its installations and their subcontractors to the Quality Assurance Official Inspection (Q.A.O.I), either civil and military, as well as the Quality representative of the end user of the aircrafts involved in their products.
  • All supplies of aeronautical items or materials subject to airborne able standards will be delivered along with its certificate of conformity with the manufacturer of official distributor´s applicable standards or assured traceability from manufacturer to EUROPAVIA.
  • The supplier will accomplish the REACH regulation CE nº1907/2006 (Register, Evaluation, Authorization and Restriction of chemical substances).
  • Every deliver to EUROPAVIA of aeronautical material or standard material subject to be incorporated in an aircraft, unless exception included in the Purchase Order, should include a certification under the standard applicable to this references, with full traceability from the OEM throughout the supply chain and distributor network.
  • The supplier must assure that all the documentation related to the product (Certificates of Conformance, EASA F-1, etc.) must be kept as records for, at least, 25 years.
  • Supplier must have a method for detecting defects and correcting them, a product control system for any item detected as a suspected nonconformity, which does not meet the requirements determined by the quality system. Supplier must have a system to treat any part suspect to be unapproved. These parts must be segregated immediately and notification to Europavia must be sent, in case this part is under investigation of being counterfeited.
  • In relation to the transactions the subject of this Agreement, neither Seller nor any of its Related Parties has made, offered or authorized or will make, offer or authorize any payment, gift, promise or other advantage, whether directly or through any other person or entity, to or for the use or benefit of any Government Official or any entity or other person where such payment, gift, promise or other advantage would (i) comprise a Facilitation Payment; or (ii) violate the Anti-Bribery and Money-Laundering Laws and Obligations or any other applicable Law.
  • Supplier must make reasonable efforts to eliminate Conflict Minerals from each Company Product (ROHS requirement) and any products currently proposed to be manufactured by the Company or on its behalf in the future. Conflict Minerals means columbite-tantalite (coltan), cassiterite, gold, wolframite, or their derivatives, which originate in the Democratic Republic of the Congo or other country the exploitation and trade of which is determined by the United States to be financing conflict in the Democratic Republic of the Congo or other country.
  • Supplier must assure that all the products delivered accomplish the Safety, Health and Environmental European Union Regulations by providing proper packing, information or other measures.
  • Supplier must inform about any Non-Conformity or change of the Order as well as any major change on its processes, products or services. including changes in its external suppliers or production location. Additionally, Supplier must inform about any change on the location of its facilities.
  • Supplier must assure that any employee of the organization as well as any personnel that participate in the realization of their product or service must be aware of their contribution to Quality and Safety as well as the importance of a proper ethical behavior. All personnel involved must have the competence and qualification required by the process they are developing.
  • All the clauses included in this General Purchasing Terms should be transferred to any subcontractor of the Supplier. Suppliers that carry out equipment repairs must inform Europavia if they subcontract any process.
  • Suppliers performing equipment repairs must prevent the use of non-approved parts, repairs must be performed on approved technical data. In case of detection of a problem it must be reported to Europavia.

9.2. SPECIFIC REQUIREMENTS

Supplier will deliver along with the items the following documentation (as indicated in the purchasing order)

  1. If Certificate of Conformity is required, it will accomplish the ISO9001, EN9110, EN9120, PECAL-2110, AQAP-2131 and AQAP-2070 or other applicable standards indicated on the Purchase Order. Certificates must be signed (electronically is accepted), and fabrication address (CAGE) must be clearly indicated on the certificate.
  2. If EASA Form 1 is required, if will be delivered under EASA regulations, other documentation may be accepted as FAA 8130-3 Dual Release, unless an exception indicated on the Purchase Order.
  3. Approved Manufacturers: if stated on the Purchase Order, only certain CAGEs will be accepted, if material from a different CAGE is delivered, the material will be rejected by EUROPAVIA.
  4. Inspection report/workshop report: when required, the Supplier must deliver an inspection report of the repair/overhaul or other intervention made on a specific equipment, this workshop report must include all necessary information of the works performed at the equipment, parts installed, Repair Documentation used (code, date and revision) and evidence of the pass of the tests performed to make this part serviceable.

Selling Conditions

Selling Conditions

The Conditions of sale shall replace any other term appearing in this document or in a different one, unless otherwise specified in writing by a representative of Europavia duly authorized.
All the descriptions of the Goods appearing in the catalogue, Website or in any other media of Europavia, are provided by the Manufacturer of the corresponding products, not being Europavia responsible for them.

Prices

Prices shown in the Website are in Euros and exclusive of VAT (Value Added Taxes), which shall be indicated apart. Prices normally are set out further to the catalogues of suppliers. Nevertheless, Europavia reserves the right to change prices without prior notice, at any time before the order confirmation.
Prices charged will be those prevailing when an order is accepted.

Payment

The payment must be made at the time of purchase by card or bank transfer. In the latter case, once the transfer confirmation has been received, the process of supplying the purchased product will begin.
The invoices will be sent electronically to the e-mail address provided in the purchase process.
Payments with VISA and MasterCard cards are accepted.

Orders

Europavia reserves the right to trade with any company or person.
The Customer may cancel an order if still it has not been accepted and invoiced. Once the order has been processed, it may not be cancelled without prior written agreement by a representative of Europavia.
Orders over €1,000 shall not be subject to additional shipping charges within the Iberian Peninsula and Balearic Islands. Shipping charges shall be indicated during the purchase process for orders less than €1,000 and shipments to the Canary Islands.
For foreign shipments, information about transport fees shall be applied for through the forms appearing in the purchase process or calling at the phone number indicated in the Website, whose value shall be added to the initial price.
Certain Goods may be subject to a minimum order quantity or minimum order value. Europavia shall use all reasonable endeavors to notify those minimums to the Customer before accepting the order. In this case, the purchase process shall be left in standby until the Customer amends the order including shipping charges as well

Delivery

Delivery of Goods shall be considered made when Goods are at the Customer’s disposal at the address indicated by him, from Monday to Friday, not delivering Goods during the weekends or bank holidays. Delivery date shall vary depending on stock availability or otherwise, goods must be acquired from the manufacturer or the authorized distributor.
Europavia reserves the right to arrange delivery of the Goods directly from the manufacturer or supplier facilities to the address specified by the Customer.

Inspection and defects

Ownership and risk of damage or loss to the goods shall pass to the Customer when delivery is made at the place agreed.
At the time of reception of Goods, in the event the Customer notices any defect in the packaging, difference in the number of packages, or that Goods have been handled or damaged, the Customer assumes the liability to include relevant comments in the packing slip or transport check, next to the carrier’s signature, as well as inform Europavia of the incident.
After reception of Goods, the Customer must inspect that the Goods have not been supplied faulty or incomplete. In the event the Customer does not notify any claim within 5 calendar days from the date of reception, the supply shall be deemed received and defect free.
Ownership of the Goods shall not be passed until the Customer has fully met his payment liabilities according to the terms agreed, still being the Goods delivered property of Europavia.

Returns

Those companies or people acting outside a business or professional activity shall be deemed as consumers. Returns due to cessation by companies, freelancers and professionals shall not be accepted.
Prior to returning any Good for any reason, the Customer must contact Europavia to obtain the corresponding return material authorization, if apply due to the nature of the Good acquired. All Goods shall be returned at the Customer’s risk and expense and should be undamaged and in their original packaging, containing handbook and accessories if apply. The Customer is responsible for returning the Goods to the Company and for providing proof of delivery of such return.
Europavia operates a 14-calendar day return policy. To be accepted for return on this basis, the Goods should be returned for receipt by the Company within 14 calendar days of dispatch. The Customer shall return the Goods to Europavia at the address notified in written, clearly indicating the Customer data and the number of purchase order.
After 14 calendar days, at the discretion of the Company, Europavia reserves the right to deny such return. In the event the return is accepted, the Customer shall be responsible for the cost to return the product directly to Europavia.
Pursuant to Act 47/2002, of 19 December, which reforms Act 7/1996, of 15 January, of Retail Trade Adjustments, for the transposition to the Spanish legal system of the European Directive 97/7/CE regarding distant contracts, and to adapt the Law to different Community Directives, shall not be accepted those returns of customized Goods specifically to the consumer request, mounted according to any specific design in a given configuration, or those that due to their nature cannot be returned, may be deteriorated or expired shortly.

Returns of those Goods ordered directly to Manufacturer, or those products that may be easily deteriorated once the packaging has been opened, or those that have been installed after being purchased, shall not be accepted. Except in the event that no handling might be proven, for which a technical analysis of the product by Europavia would be necessary.

Description

All specifications, drawings, illustrations, descriptions, specifications of weights, dimensions, capacity or other details including, without limitation, any statement in regard to compliance with legislation or regulation, as long as they appear, are intended to give a general idea of the Goods, but will not form part of the Contract. If the description of any Good differs from the manufacturer’s description, the latter shall be deemed to be correct.
Europavia shall adopt all reasonable measures to ensure the accuracy of descriptions, but will rely on the information, if any, that may have been provided by its suppliers and will not be liable for any mistake or omission of such descriptions, whether in contract or extra contractually, neither based on other legal norm, regulation or by any circumstance, except fraud or serious faulty by his part.

Risks and ownership

Until ownership passes to the Customer, he must take care of the Goods with due diligence, like an experienced depositary. In the event full payment has not been made due date, or the Customer declares himself bankrupt, or a Court of Justice orders it annulled, or the Customer fails to fulfill its contractual obligations, Europavia shall be entitled to the immediate return of all products, without prior notice, and for this purpose, to enter into any facility own or hold by the Customer.

Warranty

Europavia shall not be liable for the warranty of the products purchased by the Customer, since the Company will transfer the warranty provided by the manufacturers.

In the event the Goods purchased through the Website had any manufacturing or operational faulty, the sole responsible shall be the Manufacturer of those items. Europavia shall offer the Customer the mediation services in order to contact the manufacturer, being in this way the Warranty effective according to the terms of such warranty.

The warranty shall not apply to any defect which arises from improper use, any repair or modification made by the Customer without the written consent of Europavia; failure to follow the manufacturer’s instructions in regards to storage, use, installation or maintenance of the Goods; if the Customer has failed to notify Europavia of any defect in accordance with the conditions established in the herein Conditions of Sale, when the fault has been detected.

The warranty shall not be valid in case of external factors to the normal use of the product, such as voltage increases and drops, use of unsuitable or forbidden accessories by the manufacturer, falls, water, fire, mishandling or abusive use by the Customer or third people, nor for materials subjected to normal wear and tear.
The Customer shall be responsible for the shipping charges resulted by processing the warranty.

Exclusion of Liability

The herein Conditions of Sale establish all obligations and liabilities from Europavia with regard to the supply of Goods.

There are no binding warranties or other terms for Europavia except those specifically mentioned in the Conditions of Sale.

The liability of Europavia, either in contract or extra contractual, because of breach of a statutory duty, inaccurate statements or otherwise, shall be limited to repairing or replacing Goods, or Europavia, at its own choice, refunding money already paid in regard to the Goods.

In no event, whatever the case it be: breach of the contract, warranty, condition, objective responsibility, law or otherwise, Europavia shall be liable for any special, resulting, incidental or indirect damage.

Intellectual Property Rights

Intellectual and industrial property rights upon works, trademarks, logos or any other element susceptible to be protected, contained in the Website, belongs exclusively to Europavia unless a different ownership is stated. Unauthorized reproduction, distribution, commercialization or modification of such works, trademarks, logos, etc… constitute infringement of the intellectual and industrial property rights of Europavia or of its owner and may cause the execution of legal or extrajudicial actions in the exercise of its rights. Likewise, the information accessible for the Customer through the Website may be protected by intellectual, industrial or other kind of property rights. Europavia shall not be liable whatsoever for any infringement of such rights that may incur as a user.

Use of Personal Data

Related to any Customer or Representative of a Customer, being a living person (in any case), “Personal Data” refers to any data (alone or combined with other information hold by Europavia) allowing Europavia to identify such Customer or its Representative, regardless of the way or moment the data has been provided. Europavia may process Personal Data for all intents and purposes established in the herein Conditions of Sale or arising from the context of the relationship between the Company and the Customer.

Pursuant to the Spanish Organic Law 15/1999 of 13th December, of Protection of Personal Data (LOPD), Europavia informs the Customers that personal data rendered when purchasing Goods, will be included in a data file property of Europavia for the purposes of sorting out a right management of the commercial relationship, as well as inform the Customer about news, products/services either in writing or electronically.

If the Customer or its Representatives do not want their Personal Data are used in the context abovementioned, they shall communicate either in writing to Europavia, C/Jorge Juan 30, 28001 Madrid, or by email at info@europavia.es, being able to exercise the rights of access, correction, disagreement and cancellation.

The information received by Europavia through the Website will be handled confidentiality.

Force Majeure

In no event, Europavia shall be liable to the Customer or be deemed to be in breach of these Conditions for delays or for failure to perform any of its obligations under these Conditions, if the delay or failure are due to any cause beyond its reasonable control, including, but not limited to Governmental acts, war, fire, explosion, floods, import and export rules, seizures, labor disputes, strikes, inability or difficulty to obtain supply of goods, services or work, or delays in getting goods supply, services or work, unforeseeable circumstances or force majeure.

Europavia, at its own choice, may delay fulfilment or cancel a contract total or partially due to any of the abovementioned causes.

Environmental management of packaging and packaging waste

The final holder of the packaging or packaging waste in Spain is responsible for its delivery for an appropriate environmental management, in accordance with Spanish Law 11/1997, Spanish Royal Decree 782/1998, Spanish Royal Decree 252/2006 and in accordance with applicable legislation. The final holder of packaging or packaging waste in any other member state of the European Union is responsible for its correct environmental management, in accordance with European Parliament and Council Directive 94/62/EC of 20 December 1994 and Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 and in accordance with applicable state regulations.

Law on The Protection of Personal Data

Terms of privacy Policy: Human Resources Department – Europavia España S.A.
In compliance with the provision of Spanish Organic Law 3/2018, of December 5, on the Protection of Data of a Personal Nature and Guarantee of Digital Rights and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we inform you that when applying for one of the vacancies and/or sending us your CV with the hope of being included in our recruitment process, and in case it succeeds, your personal data provided in you CV, or by any other means, any personal information taken or received, will be incorporated in a file owned by EUROPAVIA ESPAÑA S.A. CIF A28157493, in order to manage your candidacy, as well as for the relevant selection process, creation of a job pool, information about employment opportunities, and job vacancy position filled.

Personal data on a CV, or other means, provided by users, as a result of a selection process in our headquarter, will be only kept for a limited period and your details will be deleted after 12 months from our file.
Through this document we inform you that by registering in our job offers or submitting your CV, you accept and expressly consent to the incorporation of your personal data to the afore mentioned file owned by Europavia España, S.A., as well as your treatment for the purposes stated above.