Suspension, dissolution and/or cancellation of agreement
1. Chemnovatic has the right to dissolve, by registered letter and with immediate effect, any agreement, including the cancellation or suspension of any agreement, delivery and/or goods, if:
the buyer is and remains in breach of one or more of its obligations under this agreement;
due to fraudulent and/or illegal circumstances, with responsibility on the buyer, which Chemnovatic becomes aware of, after the conclusion of the contract;
If the buyer is declared bankrupt, insolvency or verified the existence of legal proceedings regarding payments to creditors;
due to a delay caused by the purchaser, Chemnovatic can no longer guarantee the terms of the contract originally agreed.
However, Chemnovatic reserves the right to claim damages.
2. If the agreement is dissolved, the debts developed by Chemnovatic win. If Chemnovatic discontinues its obligation to fulfill its commitments under the agreement, it will exercise its rights under the law and the contract.
3. If Chemnovatic suspends or dissolves the agreement, it will not be in no way liable for damages and costs incurred.
4. If the dissolution is the responsibility of the purchaser, Chemnovatic is entitled to claim compensation for damages directly and indirectly caused.
5. If the purchaser fails to fulfill its obligations under the agreement and does not justify its non-compliance, Chemnovatic has the right to terminate the contract with immediate effect and without any obligation to pay any indemnity or compensation, while whereas, on the other hand, the buyer, due to its misconduct, is obliged to indemnify Chemnovatic.
6. If the agreement is terminated by Chemnovatic, Chemnovatic will, in agreement with the buyer, provide all rights to be received by the buyer. Any contractual change caused by the buyer and which entails additional costs, implies that they are entirely borne by the buyer. The buyer is obliged to pay these costs within the specified period, unless otherwise stated by Chemnovatic.
7. In the event of total or partial cancellation of an order, provided that triggered by the buyer, the ordered goods or prepared will be the sole responsibility of the purchaser. Costs will be added to the invoice, as well as, where appropriate, costs related to the work time spent in the execution of the contract.
8. The buyer may only interrupt the execution of an order of a periodic nature, or i.e. an order involving recurring partial orders, giving the cancellation notice stipulated below. Notice of cancellation must be made by registered letter. In case of non-compliance with the deadlines, the purchaser must compensate Chemnovatic for all damages incurred and loss of profits during the period of non-compliance.
Notice period:
3 months for an order of a periodic nature with an annual turnover of 7,500 euros;
6 months for an order of a periodic nature with a volume annual turnover of 25,000 euros;
1 month for a purpose of a periodic nature with an annual turnover of 25,000 euros or more.
Spanish