13 Keys of its supply contract

abogado contrato de suministro

It is very common, that periodic or continuous supply of a certain thing or being contracted. In this case, sign a supply contract

Unlike the contract of sale, consisting of a single supply, on supply contract there is a continuing supply or more benefits while the contract is in force. This arrangement allows the supplied time ensure supply, certain quantity and price and the supplier allows the placement of their products during the agreed period. Facilitates better planning for both parties.

Regulating the supply contract

One supply contract It is with particular, rules have to be applied consumption (LGDCU), as supplemental to the Commercial Code.

If the supply is international, the Vienna Convention apply in the case of goods, but not if the supply contract is about labor or other services.

Being an atypical contract, it must be firstly established in the contract (art. 1901 C.Civil) respecting the general limitations on freedom of contract (Arts. 57 C.Com. and 1255 and 1258 C.Civil).

If delivery to retailers, must take account of the LOCM (art. 17).

To the Supreme Court, it must additionally apply the rules of civil contract purchase (art.1445 and ss C.Civil) and if the supply is commercial, the commercial sale of (arts.325 y ss. C.Com.) (SSTS 17-2-210, 3-1-2009, 13-6-2002).

Whether the consumer is supplied like an entrepreneur, apply the Act Terms of In most cases.

Although not required in writing, recommend translating the written contract in all cases.

Obligations and Rights in the Supply Contract:

The suministador:

  1. You must make deliveries on agreed terms.
  2. Answer hidden defect and eviction.
  3. Assume the penalty clauses for non-compliance.
  4. Must issue invoices as agreed and has the right to payment under the conditions laid down and demand guarantees.
  5. You can interrupt the supply in case of default or delinquency.
  6. You can enjoy an exclusive right with the supplied.
  7. Have the right not to accept assignment of supply contract (art 1203 C.Civil).
  8. You may have a preferential right, so that once the contract ended, a level playing field against third, the new supply contract with him.

The supplied:

  1. You can compensate if it is agreed, in case of termination of contract.
  2. You pay the price and respect the price revision clauses.
  3. Orders must be made as provided in the contract (delivery, minimal amounts ...).
  4. You can have the exclusive supply on a geographical area or in a distribution channel.
  5. You can set your own prices and choose your sales channels.

Also, is very convenient for both parties establish notice periods for termination of supply contract, If it is undefined.

Ultimately, good writing supply contract, you will avoid problems of interpretation and in case of conflict, will help to favorably resolved.

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