LaViuda is a Spanish global company manufacturing and commercialising enclosure and sun protection systems for the construction and architecture industries.
LaViuda is based in Sax, a small town in the province of Alicante. Since its foundation in 1928, the Company has experienced a continuous growth and a significant global expansion. Currently, its products are present in 4 different continents.
Its evolution as a company has been always characterised by precision, a rigorous manufacturing process and its quest for innovative answers for the enclosure systems and the sun protection sector.
Its ongoing research and investigation throughout the years has positioned LaViuda among the best manufacturers of PVC and aluminium enclosures and solar protection system solutions.
LaViuda, not only manufactures the solutios the company offers, butalso produces the raw materials needed too, thereby ensuring the supply and precision of the entire product portfolio. The company designs and manufactures its own PVC moulds and has one of the most complete and advanced plants in Europe for lacquering aluminum strip.
In addition to having its own logistics infrastructure, that is able to adapt to each customer’s requirements and needs while covering the entire Spanish and European territory. The Company offers the possibility to develop new challeges with its clients.
The company develops quality products that are based upon its customers’ needs, offering solutions that provide added value.
Its own facilities are extending over more than 32.000 sq. mt. and are equipped with cutting edge technology based on extrusion performance and coextrusion lines for the manufacturing of its PVC profiles; its own PVC mixing, pelletisation and granulation area; roll shutter profile manufacturing lines as well as aluminium shutterbox stripe folding lines. The company offers over a hundred available Ral chart tones for the aluminium slats and the monoblock shutther box lines.
Reliability and commitment are always part of LaViuda’s policies in every single area of the business. Comfort, energy and noise efficiency, as well as design, are key factors when developing our products.
Since 1928, the company has made all its experience and market knowledge available to its customers.
Its professional team that is highly qualified in all areas is the company’s biggest asset. With over 200 professionals, its employees have a wide range of skills and industry experience, allowing them to develop all types of solutions in order to meet LaViuda customer’s expectations.
Its concern for the environment has been a constant aspect throughout LaViuda’s history. For that reason,one of the company’s strongest commitments consists of developing strategies aimed at reducing the environmental impact of all its production processes.
Our Waste Management System allows us to control and minimise any generated residues which, along with a correct management and recovery plan, enables us to find sustainable systems.
All systems are delivered to authorised agents following the preparation of a prevention and waste reduction plan including the expected volume in terms of waste reduction and recovery goals.
We have implemented an environmental management system compliant with the ISO 14001 standard while meeting all legal requirements established by the current provisions included in Act 31/95.
With an ISO9001 certified management system, LaViuda also complies with its commitment to supply quality products. Most products in its catalogue are CE compliant and have been granted CE marking.
In addition, the certified formulation and manufacture of NF-132 branded PVC pellets in different tones iscompliant with current French regulations and a testament to its quality commitment as a business.
Terms and sales conditions of Vda. de Rafael Estevan Giménez, S.L.
1. AREA OF APPLICATION:
All the deliveries and its servicies related to are exclusively carried out based on these sale conditions. The implementation of the purchasing conditions by the Buyer is specifically excluded. These sales conditions are also valid for all the future sales. Variations of these sales conditions require the specific amd written acceptance by the Seller.
1.1) For the purpose of these sales conditions, Vda. de Rafael Estevan Giménez, S. L. will be name as LaViuda.
2. OFFER AND ACCEPTANCE:
LaViuda’s offers are not binding but are considered as an invitation to the customer to make a purchasing offer to LaViuda.The contract is concluded by the Buyer’s order (offer) and the acceptance by LaViuda. In case the purchasing offer differs from the order, this one will be considered as a new offer without commitment to LaViuda.
3. NATURE OF THE PRODUCT, SAMPLES, TESTS AND GUARANTEES:
3.1) In case of any indication in opposition to, the nature of the product included in the contract derives exclusively from the specifications of the product provided by LaViuda and are valid at the moment when the delivery is carried out.
3.2) The features of the samples and tests provided are only binding in case they specifically have been delimited as natural qualities of the merchandise.
3.3) Indications regarding to the nature and conservation, as well as other type of data about the merchandise will only constitute guarantees when they have been agreed and designated as such.The prices displays in this Price List do not included VAT and for this reason it will be implemented and the end of each invoice, according to the current normative and the present rates.
Provided that Laviuda or its salesperson give advice services, that will take place according to their best opinion.The data and the informations about the suitability and application of the products do not have a binding character and do not exempt the Buyer from putting in place its own controls and tests with respect to the suitability of the products delivered and for the procedures and the purposes considered by the Buyer.
LaViuda makes the commiment to supply in perfect condition those products detailed on the orders conducted by its customers.
5.1) All the orders must be conducted by the channels legalized in a administrative manner, by fax or e-mail. In case they have been made in advance by telephone due to urgent circumstances, they will have to be conducted by the channels already mentionned (fax or e-mail) afterwards.
5.2) For the correct order cancellation or modification, it has to be conducted following the administrative channel informed, by fax or e-mail, and always within the 24 hours following to the moment when the original order was conducted.
6.1) If within the period of time between the conclusion of the contract and the delivery, LaViuda or its salesperson modify the prices, or in general, the terms of payment of the products to be delivered, LaViuda or its salesperson will have the right to implement the prices or the terms of payment valid at the moment of the delivery. In case of a pricing increase, the Buyer will be able to desist of the contract in 7 days from the pricing increase communication.
6.2) In case of deliveries and services within the EU, before the sales proces, the Buyer must communicate to LaViuda or its salesperson, its Tax number that is used for fiscal purposes within the EU.
The delivery will be carried out within the commercial conditions stipulated on each contract. As long as any specific agreement has been reached,the deliveries will take place based on CPT Incoterm (Carriage Paid to).
8. DAMAGES DURING TRANSPORTATION:
The Buyer must communicate directly to LaViuda all the complaints of compensation for damages during transportation within 2 days time and submit a copy of those.
9. COMPLIANCE OF LEGAL REGULATIONS:
In case of any stipulation in the opposition to, the Buyer will be responsible for the compliance of legal and administrative normative regarding import, transportation, storage and using of the delivered merchandise.
10. COMPLIANCE OF LEGAL REGULATIONS:
10.1) Non-payment of the buying price on due date constitutes a substancial default of the contractual obligations. In case the merchandise is sold based under picking up at LaViuda’s facilities condition,LaViuda will inform the customer when the merchandise will be ready for collection.
10.2) If the Buyer makes a delay on invoices payment, LaViuda will have the right to demand the valid interest in that moment implemented by the Bank of Spain, and the principal amount will be increased with those.
11. COMPLIANCE OF LEGAL REGULATIONS:
11.1) Those visible flaws or faults of the merchandise detected during a first detailed inspection must be notified to LaViuda or its salesperson in 2 months time from the delivery of the merchandise. Those
non-visible flaws being discovered afterwards will be notified to LaViuda or its salesperson in two weeks time after their detection. Claim will be conducted in writing and contain specific details about the type and magnitud of those flaws or faults.
11.2) If the merchandise would suffer from flaws or faults and the Buyer would notify it to LaViuda or its salesperson within the due period according to article 11.1, Buyer will be entitled to following legal rights :
a) First of all, LaViuda has the right to a following compliance of its obligation, namely, under its choice, repairing the flaw or supplying a new flawless merchandise.
b) LaViuda reserves the right to proceed with two attempt regarding the following compliance of its obligation.If the improvement or replacement attempt would fail or was not within the conditions that can be required to the Buyer, he will have the right to cancel the contract or to demand a reduction of the buying price.
11.3) The Buyer’s rights regarding flaws or faults expire after 6 months time once merchandise has been delivered.
12. COMPLIANCE OF LEGAL REGULATIONS:
Vda. de Rafael Estevan respond to the damages according to legal regulations
12.1) LaViuda declines any responsability when a failure or malfunction of its products are caused by an incorrect installation or use, handling or modification of its characteristics.
The Buyer only can compensate LaViuda’s pretensions with non-controversial pretensions or not admitted by judicial sentence.
In case of justified doubts in reference to Buyer’s solvency, specially in case of delay payments, LaViuda notwithstanding the right to addtional claims, can revoke any deferment as well as make following deliveries conditional on advance payment or setting other guarantees.
15. RESERVE OF PROPERTY:
15.1) LaViuda reserves the property of the merchandise until its amount on the invoice has been totally cleared.
15.2) LaViuda can require the return of the merchandise in relation to ownership reserve even when the contract has not been dropped.
16. FORCE MAJEURE:
Any incident or circumstance which its impediment is beyond reach of LaViuda, as per example, weather causes, war,labour conflicts, shortage of raw materials and energy, traffic or production disruption, fire or explosion damages, Autorities’ regulations, releases LaViuda of its contractual obligations in proportion to the effects of that incident and during its length.If those circumstances would last more than three months, LaViuda will be able to resolve the contract in an unilaleral way, nonetheless the Buyer is entitled to compensation rights.
17. PLACE OF PAYMENT:
Whatever the delivery place of the merchandise or documents is, the compliance of the payment obligation will be LaViuda’s main residence.
Notifications and other communications transmitted from one part to the other, will take effect from the moment those have been received by the addressee part. In case a period must be observed, the notification must be received by the addressee part within it.
19. PLACE OF COMPLIANCE, COMPETENT JURISDICTION:
The competent Court of Justice is the one related to LaViuda’s main residence (Tribunal of Villena)
20. RETURN POLICY, WHICH WILL BE REGULATED BY FOLLOWING CONDITIONS:
a) Maximum period of time admitted to process a claim which implies the return of the merchandise will be of 15 working days from its the delivery date.
b) Claims must be sent in writing by e-mail or fax, always providing number of packing list, a brief explanation of the cause of the claim and to the extent possible, clarifying pictures.
c) If the application for merchandise return is originated by an error from customer’s part at the moment the order was made (colour, model, quantity mistakes,..) following circumstances will be considered in order to accept that application as long as the returned product is in perfect condition :
- In case it is a «stock» product according to current Price List, return or credit will be accepted however, a 10% discount on the returned merchandise possibility will be considered under incured expenses (transportation, packaging,handling,…)
- If it is a non «stock» product according to current Price List, application will be analyzed and in case it is admitted,a 20% discount will be implemented on the amount of the returned merchandise under expenses.
- If it is a made to measure product (special colour,dimensions or specific particularities) , any return will be accepted.
d) In general terms, any return is accepted on excess products even they have not been used and any return will never be admitted in case the merchandise has been modified or transformed by the customer.Excepcionally, a standard product return could be accepted (clasified as «stock» product according to current Price List) as long as the product remains in the same condition as the moment of delivery and no more than 6 months time has not passed by from the delivery date and a General Manager’s authorization exists. In this case, a 20% discount on the returned merchandise will be implemented.
e) Any return will be accepted if there is a payment delay on customer’s part.
f) The possible claims will only be considered under the merchandise included on the packing list signed by the customer at the moment of the reception of the merchandise. LaViuda will never consider any fault or claim that, at the momento of the delivery, has not been indicated/verified on that document.
g) At the same time the containers, mettalic crates delivered, are property of LaViuda and for this reason any price is charged in the present moment and they will have to be returned in a progressive way in perfect conditions and with all its éléments, otherwise they will be charged on the invoice.
At the moment of the reception of the returned merchandise, LaViuda will analyse and decide how to proceed in each case and will notify the customer the final solution.