The following purchase conditions will exclusively apply to our orders and contracts for supplies and service provisions, expressly rejecting the supplier’s sales conditions that differ from these conditions. The unreserved acceptance of deliveries and services, or their payment, does not constitute an acceptance of the supplier’s sales conditions.
“Supplier” means the natural or legal person with whom LINDE MATERIAL HANDLING IBÉRICA, S.A.U. (hereinafter, “LMHI”) formalizes this order.
These General Purchase Conditions (hereinafter, “GPC”) will prevail over the remaining conditions of the Supplier, and even over those that appear in their commercial documents and replace all previous negotiations, agreements or understandings, verbal or written, between the parties. In case of discrepancy between what is established in these GPC and what may be indicated in the order with particular character, the latter will always prevail.
In the event that there is a written framework agreement with the supplier in relation to certain supply items, and said agreement does not contemplate discrepant stipulations, we waive the order confirmation when ordering said supply items. Orders included in the framework agreement will become valid if the supplier does not reject them within 5 working days from their receipt.
An order confirmation that deviates from the order will only become valid if we confirm it in writing or in text form.
Our orders require written form, text form or transmission through electronic data exchange, understood for this purpose as computerized fax or email.
3.1. Any request for materials or services made by LMHI must have been inexcusably formulated through an ORDER.
If this requirement is not met, LMHI reserves the right to cancel all or part of it, and pass on the penalties that the delay in the delivery of the material would cause.
3.2. All materials must be supplied in accordance with E.C. regulations, and must carry the documentation or sticker that certifies it.
In the event that we request a change to the supply item, the supplier must communicate and demonstrate to us in writing without delay any increase or decrease in price, and any impact on the delivery schedule.
Production interruptions as a result of unavoidable events (force majeure, e.g. strike) will entitle us to withdraw from orders; as well as those events for which we are not responsible and which prevent us from accepting the order, extending the time of delivery and payment to an extent equivalent to the duration of the delay.
6.1. Deliveries of goods must be made at the Work Center indicated in the order.
6.2. The merchandise must be accompanied by the corresponding delivery note, which must state your supplier code, our order number, as well as model and serial number, plus part/item code, if required.
6.3. The technical specifications, additional information in the order and its annexes, determine the characteristics of the goods and services to be supplied. In the case of supply of machinery and accessories, it is mandatory to deliver in Spanish and additionally, in Portuguese, for deliveries in Portugal, a user or installation manual, exploded view, as well as its EC declaration of conformity.
The Supplier will be responsible for ensuring that the delivery of the goods and services subject to the order is carried out in strict compliance with said characteristics.
The prices established in the order are firm, without any type of revision being applicable for any concept, unless otherwise expressly specified in the order. In any case, LMHI will not accept revisions or price increases that have not been expressly admitted by LMHI.
If advances or amounts on account were disbursed, these will in no case be subject to revision, even in the event that LMHI had accepted the revision of the contracted prices.
8.1. Invoices will be issued in an ORIGINAL copy, indicating the order number and number and date of the supply delivery note.
In the case of repurchase of used machinery, the chassis number must be indicated, as well as its value.
8.2. Regardless of the place of supply of materials or services, all invoices must be addressed to our Head Office at: Avda. Prat de la Riba, 181 – 08780 PALLEJÀ (Barcelona) (former N-Il highway) or sent to facturasproveedores@linde-mh.es
8.3. Invoices that do not meet the above requirements will be returned.
8.4. Invoices must comply with Royal Decree 1619/2012 of November 30, which approves the Regulation of Invoicing Obligations, paying special attention to their issuance after or with the delivery of goods.
8.5. In compliance with Royal Decree 596/2016 of December 2, the parties commit to provide information in the terms stipulated by the Regulations, as well as invoicing deadlines in accordance with the accrual of the operation according to article 11.2 RD 1619/2012.
8.6. In accordance with the free agreement between the parties, according to Law 15/2010 of July 5, modifying Law 3/2004 of December 29, invoices received up to the 15th will be paid in 90 days, with due date on the 15th.
The supplier will be obliged to provide the following foreign trade data when delivering goods or providing services:
Country of origin
Identification and classification of goods subject to export control
Additionally, a certificate issued by the Tax Authorities of the country of residence must accompany the invoice stating that the entity is “a tax resident in the sense of Article 4 of the agreement to avoid double taxation signed between both countries”, in accordance with the requirements of both Spanish legislation regulating non-resident income tax (Article 10.2 a) of Royal Decree 1,776/2004 and Ministerial Order of 12-9-1999), as well as in the regulations developing the double taxation agreement.
10.1. The Supplier is obliged to make the delivery or deliveries of goods and services at the place indicated in the order and in accordance with the quantities and deadlines set therein. The delivery date will be considered as the date of arrival of the goods and services at the destination.
10.2. The Supplier must deliver the goods or services supplied properly packaged, accompanied by the documents indicated in the order and, in any case, those necessary for their identification, storage, proper use, and maintenance. Deliveries that do not include all the goods or documents that are part of the order will not be considered complete.
10.3. LMHI is entitled to reject without further ado, goods and services whose packaging or documentation do not correspond to what was previously established. In cases where delivery is freight collect, LMHI reserves the right to select the carrier that should perform the transport.
The agreed dates and delivery deadlines are binding. In case of non-compliance, you must be informed of any foreseeable delay in delivery; nevertheless, you will be in default without requiring a reminder.
Failure to meet any of the delivery deadlines set in the order will entitle LMHI to declare the order unfulfilled and resolved in whole or in part. The Supplier’s default will not require prior request or notification from LMHI.
Any additional costs, particularly in the case of necessary cover purchases, will be borne by the supplier. Unconditional acceptance of late delivery does not constitute a waiver of compensation rights.
Failure by the Supplier to meet any of the delivery dates indicated in this order will entitle LMHI to apply a delay penalty of ONE percent (1%) for each week of delay, of the amount of the delayed material.
The penalties regulated in this section, if applied to delays in the Supplier’s deliveries, in no case prevent or replace any other actions that LMHI may take against the Supplier for damages caused by such delays.
The agreed specifications cannot be altered without our consent.
Prior to supply, the supplier shall promptly notify us before modifying production processes, materials or parts from external suppliers for the supply items, relocating production plants, modifying processes or facilities for testing the supply items, or any other measure that could affect the quality and/or safety of the supply items.
All changes made to the supply items and product-relevant changes in the process chain must be documented in a product lifecycle. This should include, among other changes, modifications to drawings, deviation permits, procedure changes, changes in testing methods and frequencies, changes of suppliers, external supplier parts, and consumables. Upon request, we must be shown the product lifecycle documentation.
The supplier guarantees compliance with the requirements of the EU REACH Regulation on chemicals (Regulation (EC) No. 1907/2006 of 30/12/2006) —hereinafter referred to as REACH Regulation— in its current version, and in particular that the substances have been registered. Under the REACH Regulation, we are not obliged to obtain approval for a supply item provided by the supplier.
Furthermore, the supplier guarantees that they will not supply items containing substances listed in:
• Annexes 1 to 9 of the REACH Regulation in its current version;
• Council Decision 2006/507/EC (Stockholm Convention on Persistent Organic Pollutants) in its current version;
• EC Regulation 1005/2009 on substances that deplete the ozone layer in its current version;
• The Global Automotive Declarable Substance List (GADSL) in its current version (available at www.gadsl.org)
• Restriction of Hazardous Substances (RoHS) Directive (2002/95/EC) for products according to their scope of application.
• The standards of EU Regulation 765/2008/EC must be complied with.
If the supply items contain substances included in the so-called “List of Substances of Very High Concern” (“SVHC List”) according to REACH, the supplier is obliged to communicate this without delay. This also applies if substances not previously included are added to this list during ongoing deliveries. The current list can be found at http://echa.europa.eu .
Additionally, the supply items must not contain asbestos, biocides, or radioactive material.
If the supply items contain these substances, we must be notified in writing before delivery, indicating the substance and identification number (e.g., CAS) and attaching a current safety data sheet for the supply item. The delivery of these supply items requires our separate approval.
The supplier is obliged to release us from any liability related to the supplier’s non-compliance with the aforementioned regulations, and to indemnify us for any damages we suffer that are caused by or related to the supplier’s non-compliance with the regulations.
The materials subject to the order will be transported to the delivery location specified therein, at the Supplier’s expense and responsibility, unless expressly agreed otherwise in the order. Except in cases where other particular conditions are agreed upon, the transfer of ownership and risk to LMHI will not occur until the Formal Receipt of the goods subject to the order at LMHI’s facilities, without any potential technical inspection, control, or reception tasks at the Supplier’s facilities implying their acceptance.
For the purposes of this order, Formal Receipt shall be understood as the moment when LMHI has accepted the goods and/or services supplied by the Supplier, after carrying out any inspection tasks that may be appropriate.
When the goods and services are not in a condition to be received, due to not conforming to the conditions established in the order or for any other reason, the rejection will be formally communicated to the Supplier, who must remove the rejected goods and services within a maximum period of FIVE (5) days, at their own expense and responsibility. After this period, LMHI will proceed to return the rejected goods and services to the Supplier at the latter’s cost, expense, and risk.
In the event that the Supplier opposes the reception of rejected goods that were returned freight collect, LMHI will proceed to send these goods deducting the transport cost from the amounts LMHI owes to the Supplier. In case of rejection of the goods and services subject to this order by LMHI, LMHI will be entitled to, at its choice, demand their replacement by the Supplier or declare the order partially terminated with respect to the rejected goods and services, and LMHI may also claim from the Supplier compensation for damages that such rejection may cause.
The Supplier guarantees that all goods and services supplied strictly conform to the characteristics specified in the order, that they are of recent manufacture and are free from any defect in services, workmanship, and design. The warranty to which the Supplier is obligated will be valid for TWO (2) years for consumer goods and ONE (1) year for industrial goods, starting from the date on which LMHI has made effective use of the goods or services covered by the order or of the products to which such goods are incorporated.
During this period, the Supplier will be obligated to replace or repair, at LMHI’s choice and as soon as possible, without any charge to LMHI for any reason, the goods and services in which LMHI discovers any flaw or defect.
In case of repair, the warranty period will be extended for the duration of the repair, except for the repaired part or component to which a new warranty period will apply. If the goods or services were replaced, a new warranty period will apply to them.
The Supplier guarantees that the goods and services supplied to LMHI will be free from seizures, charges, or encumbrances of any nature, and will hold harmless or indemnify LMHI for any seizure, encumbrance, demand, right of retention or judicial or administrative decision that derives from the breach of contractual obligations or of any other nature of the Supplier with respect to its Suppliers, subcontractors, employees, dependents or any third parties with whom the Supplier has contracted obligations of any nature.
In case of temporary, permanent, total or partial suspension of the execution of LMHI’s contract with any Customer by unilateral decision of the same, LMHI will be entitled to temporarily or permanently suspend, totally or partially, the supply of goods and services subject to this order, without the Supplier being able to claim from LMHI other amounts or compensations than those that LMHI proportionally receives from its Customer.
In the execution of the order, the Supplier declares and guarantees compliance with all applicable laws, norms, regulations or ordinances, whether from the European Union, national, regional or municipal. Where applicable, it will prove such compliance to LMHI.
LMHI can terminate the order, without right to any claim by the Supplier, upon notification to the same, in the following cases: Declaration of bankruptcy of the Supplier and/or Assignment of the order to a third party without express and written authorization from LMHI.
The supplier guarantees that in relation to its delivery, no industrial protection rights of third parties are violated. In the event that we face a claim by third parties due to a violation of this type, the supplier must release us from any liability and assume all costs and expenses derived from the claim.
The documents, data, data processing information, software, materials, related tools of the type or devices and objects (e.g., samples, models) —hereinafter referred to as “material”— that we make available to the supplier for the execution of an order will remain our property and must be treated and maintained carefully by the supplier and insured at our request.
All rights to the material belong exclusively to us, except for the shared usage rights related to the order.
The use of the material for purposes other than those related to the order will not be permitted, nor may it be reproduced or disclosed to third parties without our written consent. Products manufactured with the help of the material according to our specifications or in whose development we have been substantially involved may only be supplied to third parties with our written consent.
In the event that the supplier acquires such material from us or from third parties specifically for the purpose of executing our order, the provisions of paragraph 1, sentences 3 and 4 shall apply respectively, provided that we finance the investment and/or there is an option that allows or obliges us to acquire the material at the latest once the order has been executed. The same shall apply if the material is the property of the supplier, but our know-how is contained or embodied in the material or in the products to be manufactured with the help of the material.
The supplier shall be obliged to comply with all our guidelines and instructions regarding occupational safety, environmental protection, access and transit through the plant premises, identification requirements and similar matters that we provide or issue for the performance of work at one of our plants.
The supplier shall actively inform themselves about the guidelines in force for external companies. The relevant information brochures can be requested from our security service at the entrance to the plant premises.
Spanish Law applies to the order and its execution, according to which the general or particular stipulations contained therein shall be interpreted. The Supplier, unless there is a framework contractual agreement to the contrary, expressly waives any jurisdiction that may correspond to them and expressly submits to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain) to settle any differences that may arise regarding the interpretation and execution of the order.
The supplier shall be obliged to treat with strict confidentiality and not to reveal or disclose to third parties, without our written consent, all information obtained within the framework of the business relationship with us, including our orders and information about the material we have made available to them (see point 24). The supplier shall only disclose confidential information to their own employees if, and to the extent that, this is necessary for the performance of their tasks within the framework of the business relationship with us. The obligation of confidentiality shall persist after the termination of the business relationship with us. If necessary, other confidentiality agreements shall be regulated in separate agreements.
The supplier grants their consent for us to store by computer means and use exclusively for our own purposes within our affiliated companies the supplier data necessary within the framework of the business relationship and the contracts signed with the supplier. If necessary, other agreements regarding data protection shall be regulated separately.
The ineffectiveness of a provision of these General Conditions of Purchase shall not affect the validity of the remaining provisions. In the event that a provision is ineffective or unenforceable, it shall be replaced by another valid provision that comes as close as possible to the legal and economic purpose of the ineffective or unenforceable provision.
It is LMHI’s wish that all persons or companies that have a commercial relationship with the company also adhere to compliance with the Code of Compliance and the Supplier’s Principles of Conduct, with the aim that these principles and obligations are complied with and accepted by them.
For this reason, and in order to guarantee full observance of the aforementioned rules, LMHI provides on its website https://www.linde-mh.es/es/, all the specific information for compliance.
Consequently, non-compliance with the Code of Compliance and the Supplier’s Principles of Conduct by the latter, either directly or indirectly, through third parties with whom they interact, will enable the Customer to warn the Supplier by means of a written request.
If they do not cease their conduct within the non-extendable period of five (5) business days, LMHI will be entitled to terminate the contract signed with the supplier unilaterally and immediately, without prejudice to the compensatory credit that may assist it against the supplier for any damages caused.
In case of doubt about the content, application, and interpretation of the applicable documents, the Supplier can contact buzon.etico.kion.its.emea.iberia@kiongroup.com.
The acceptance of the provision of products and services for LMHI will in all cases imply explicit compliance with these requirements, which must be able to justify at all times if requested.
Waste Manager
Waste Transporter
Metrology and Equipment Calibration Companies
Supplier of Hazardous Substances
Supplier of Other Materials
Chemical Substances Transporter
Design / Manufacturing / Installation of Equipment
Installation and/or Maintenance
Machinery/Vehicle Rental Companies
For companies working in LMHI facilities, in addition to what is provided by health and safety regulations, particularly regarding the Coordination of business activities, we will send you, if applicable, the procedure to follow and provide you with both environmental and safety information to work in our facilities, in accordance with clause 25.
The provision of quality, health and safety, and environmental management certificates will also be valued.
The Supplier will also be informed that their product and service quality level will be periodically evaluated with the intention of confirming that the Suppliers with whom LMHI works maintain intact their ability to provide products or services in accordance with the specified requirements.
The evaluation criteria are as follows:
From the results, it will be determined if the Supplier is approved. The Supplier will only be informed in case of being “Unsatisfactory” and actions are required on their part.
Version April 2025
The savings shown are based on an operational cost comparison between an electric truck with a Li-ion battery and one with a lead-acid (Pb) battery, under moderate usage, over a 5-year period, and assuming 750 working hours per year.
Maintenance of Pb batteries:
Lead-acid batteries require regular maintenance not needed with Li-ion:
– Water refilling:
– Monthly battery cleaning:
The combination of lower energy consumption and the elimination of recurring maintenance tasks results in a significant total cost saving when opting for Li-ion technology. The amount shown next to the vehicle price reflects this accumulated savings over the 5 years of operation under these conditions.
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