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General Sales Conditions


The following General Sales Conditions (henceforth “GSC”) contain elZinc®’s commercial offer for the year 2024 and until the publication of the revised GSC document. The GSC, as well as the prices communicated by elZinc®, are configurated as a binding text addressed to those clients who wish to purchase elZinc® products. The publishing of the GSC implies the express repeal and replacement of any previous conditions of sale made available by elZinc®, except specific written individual agreements to the contrary. elZinc® reserves the right not to attend or service the orders of clients which, in their judgement, are outside the framework of this document, manifestly contrary to the GSC or to the good faith that governs the commercial operations between professionals.


Orders will be sent by e-mail to the following addresses:
[email protected]
[email protected]

Or to any email address corresponding to any customer account manager specifically assigned in writing by elZinc®.

The illustrations, sketches, technical and weight specifications, as well as any other data, included or not in the offers, catalogues, adverts or pricelists, that are sent to clients beforehand, during the order or after its confirmation by elZinc® must be considered as approximate indications. Data derived from the aforementioned documents will only be binding if a written agreement is reached between the client and elZinc®. Once received and expressly confirmed via e-mail by elZinc®, the orders will be considered firm and irrevocable. Moreover, they must be complete and clearly defined in the elements that comprise them. Specifically, the required details of elZinc® products and shipping instructions (shipping will always be done according to FCA conditions –Incoterms 2010– at Nº1, Villallana Industrial Estate, 33695 Villallana, Lena, Asturias, Spain), or DAP conditions –Incoterms 2020– if previously agreed in writing with the client. The client will be liable for any expenses originating after the moment elZinc® has made the elZinc® products available to them. The time before the elZinc® products are made available will be between two to four weeks following the confirmation of the order, save under circumstances of force majeure. The effective date of availability of elZinc® products will be communicated with sufficient notice to the client.


Each and any order received from a client shall be expressly confirmed via e-mail, within five working days at the site of elZinc’s domicile after its reception in accordance with that established in this GCS. The confirmation of the client’s order shall include amounts (expressed in tons and rounded up, or otherwise in the appropriate unit of measurement that corresponds to each article,) and elZinc® product type (from any present range or range developed in the future); as well as the metal booking and the conversion price of the selected elZinc® product. If an order is placed that is inferior to five (5) tons, the lump sum to which the amount ascends will be increased with the corresponding expenses which shall be duly identified in elZinc®’s confirmation.

The cancellation of an order issued in writing and duly registered by elZinc® after 15 working days following the confirmation of the order, shall entitle elZinc® to claim, as a non-replacement penalty for the damage caused, twenty-five percent (25%) of the total amount of the order of elZinc® products placed by the customer, unless elZinc® issues a written statement to the contrary.


3.1 Delivery time

elZinc® is committed to make its best efforts to deliver the elZinc® products requested by the client within the aforementioned time period. The time periods shall not be considered as an essential limit, unless specified to the contrary in writing.

elZinc® shall not be held liable in any way if the elZinc® products were not made available according to the indicated terms, due to causes unrelated to elZinc®, or if the cause is wholly or partly attributable to the customer. A delay in the availability of elZinc® products shall not grant any total or partial cancelation rights for the client’s order unless they are attributable to negligent or malicious conduct by elZinc®. In any other circumstances, the elZinc® products shall only be returned to the factory by the client if a written agreement is reached with elZinc®.

3.2 Delivery modalities

Due to the nature of the products that it manufactures, elZinc® may agree unilaterally to split deliveries, which will always be subject to elZinc® product availability criteria. Unless stated to the contrary, the elZinc® products shall be delivered according to the specifications of the relevant national and international standards and certificates obtained and according to tolerances accepted in the trade, regarding rolled products (rolls, coils and sheets). Hence, elZinc® hereby informs the client that amounts delivered may be higher or lower than those specified in the order (difference between the requested theoretical weight and the resulting real weight). Moreover, if a client request rolled products, the former accepts the potential existence of a weight difference between the requested amount and the amount effectively delivered (as long as the thickness of the delivered material is within thickness tolerance limits established in the applicable standards).

If the customer has filed for bankruptcy with liquidation or the dissolution of its legal entity, or if any of its creditors have done so in the exercise of their powers under current legislation, elZinc® may suspend the provision of elZinc® products in connection with such an event, unless the customer provides additional guarantees.

3.3 Conformity and product returns

No elZinc® products shall be returned to the elZinc® premises except with the express written consent issued by elZinc®. If these are returned, they must be delivered in the original condition in which they were placed at the customer’s disposal (original packaging, etc.). The costs of return shall be borne entirely by the customer.

Conformity of the products: any discrepancies arising in relation to elZinc® products must be notified by e-mail (and subsequently confirmed by registered letter with acknowledgement of receipt), within four (4) working days at the customer’s place of residence following receipt of the products, for those contingencies that can be detected on sight. If the non-conformity is due to defects in the elZinc® products that are not visible, the notification period, in the terms expressed, is 15 working days at the customer’s place of residence. In any case, the customer must prove the existence of the alleged defects. elZinc® undertakes to return the elZinc® products and to bear the cost of returning and delivering elZinc® products to replace the defective ones, provided that the requirements established in this section have been observed, within fifteen (25) working days at the place of elZinc®’s domicile, following receipt of the duly substantiated notification, once the specific terms have been agreed in writing between the customer and elZinc®


Responsibility for elZinc® products, once they have been made available to the customer, rests solely with the customer. elZinc® shall not be liable in any way for any damage caused to elZinc® products due to faulty loading, or any other conduct or circumstance occurring after the elZinc® products have been made available to the customer (despite the customer’s voluntary and good faith intervention in the loading operations).


The price applicable to the different elZinc® products shall be fixed depending on the moment the client places the order. The client is hereby made aware that the total fixed price does not
include any applicable statutory taxes. Moreover, the client acknowledges, through the acceptance of these GCS, that the raw materials used to manufacture elZinc® products are indexed to the index of the worldwide reference market for non-ferrous metals “LME” (London Metal Exchange: https://www.lme.com/ ). In addition to the aforementioned, the client acknowledges and accepts being completely informed regarding price variations and potential volatility of the materials with which elZinc® products are manufactured. Likewise, the client acknowledges that elZinc® may modify the conversion prices of elZinc® products, according to market conditions, having issued previously a notification to this effect during the year in course, as a consequence of any possible variations.

Any notification related to the increase or decrease of elZinc® product prices will be performed via email to the client immediately. Moreover, if between the acceptance of the order and the
date the elZinc® products are made available, more than 2 months pass by, due to causes non-attributable to elZinc®, conversion prices may be increased by 5%, if the production costs used as a base for their calculation (raw material prices, salaries, crude, etc.) suffer increases.

Unless stated to the contrary in writing, prices do not include indirect taxes.


The payment conditions will be agreed individually with each client, in conjunction with the professional criteria of elZinc®’s insurance company, within the current legal framework, and, specifically, Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions, and Law 15/2010, of 5 July, which amends the above, without prejudice at all times to the text in force in the aforementioned matter.

elZinc® may demand, at any moment, enough guarantees from the client, destined to cover the totality of his obligations.

Clients’ negligence in relation with the purchase or conformity of elZinc® products will not interrupt or alter in any way the acquired payment obligations.


elZinc® guarantees that elZinc® products are free from manufacturing defects and that they comply with the applicable legislation and standards in force.

Customers are aware that, given the special composition of elZinc® products, all storage and stocking conditions must be respected so as not to have a negative impact on the quality of the products. elZinc® products must therefore be stored, transported, handled, processed, and installed in accordance with the guidelines and recommendations issued by elZinc®. These extend to all materials used to fix the elZinc® products, as well as to the construction of the supporting structure. Moreover, to activate the warranty: (i) elZinc® products must be inspected prior to installation and photographed by the customer and dated; (ii) once installed, they must be inspected annually and properly and appropriately maintained; and (iii) no paint, film or other surface coating must be applied to them.
Furthermore, elZinc® guarantees that elZinc® products are manufactured in accordance with the requirements of EN 988 and EN 1179. However, if during the warranty period (20 years from the time the elZinc® products are made available it is proved that it is proved that the product is defective and does not meet the rules specified in this paragraph, which results in perforation by corrosion, elZinc® undertakes to substitute or repair the product free of any charge. The decision to substitute or repair the defective material, defective for the afore mentioned reason, as well as the manner in which this is performed, shall correspond exclusively to elZinc®.

The warranty shall be void if the client has performed, directly or through a third party, any kind of action on the defective material to repair or replace it, unless previously authorized by elZinc® in writing. The procedure to activate the offered guarantee is completed by sending to elZinc® a copy of the purchase invoice along with the lot number of the elZinc® products purchased. Such notification shall describe, as in as much detail as possible, the nature of the problem, including a survey performed by a duly qualified professional surveyor. Documentary evidence of the periodic maintenance performed must be attached to the surveyor’s report. Finally, elZinc® shall be given the chance (directly or through an authorized representative) to inspect on site the elZinc® products claimed as defective, according to the terms established in this clause, whilst they are still on the roof or façade, before any third party intervenes.

If these recommendations or others issued individually are not followed, the quality of elZinc® products could be compromised, and elZinc® shall be free from any liability. In any case,
elZinc® shall not be held liable for any damage resulting from or in any way attributable to:

– Modifications or repairs on the zinc roof or façade (unless authorized in writing by elZinc®) or on any other part of the building that could affect the correct functioning of the roof or
– Negligence or misuse of the material before, during or after installation.

– Any flaws in the design and / or execution of the cladding’s supporting structure and unappropriated use of materials (use of materials incompatible with zinc etc.).
– Movement or settlement of any kind of the zinc’s supporting structure.
– Natural disasters, including, though not limited to: hurricanes, tornados, floods, earthquakes and any other extreme weather or natural phenomenon that may damage the elZinc® products.
– Severe cases of acid rain and/ or other atmospheric pollutants.
– Efflorescence or performance of any paint / coatings applied to the product in any moment, or lack thereof.
– Any other cause not involving manufacturing defects attributable to elZinc®.
The present warrant does not cover decoloration or colour changes of elZinc® products or any aspect of any factory applied surface treatment or any other defect in the product, other than manufacturing defects in the zinc itself that lead to corrosion.


Force majeure is understood to be any unforeseeable and unavoidable circumstance that makes it impossible for elZinc® to fulfil its obligations and that is completely beyond the control of elZinc®. elZinc® shall not be held liable for the unavailability of the Products, or for any delay in making them available, if they are due to causes recognized as force majeure. In particular, the following events are considered to be cases of force majeure, without this list being exhaustive Natural disasters, epidemics, pandemics, earthquakes, electrical storms, fires, storms, wars, preparations for war, blockades, revolutions, insurrections, mobilizations, civil disturbances, riots, strikes, lockouts, factory accidents, explosions, breakdown or accident of essential machinery, closure or total stoppage of a factory due to the impossibility of obtaining sufficient raw materials (Zinc) as a result of a force majeure event as set out in this document, electricity and decisions taken by the public authorities. In the event of force majeure, elZinc® will contact the customer to inform him/her of the situation and the measures required in the event of such an event.


elZinc® may use its client’s trademarks and completed projects as commercial references aimed to promote elZinc® products for the maximum amount of time legally available and worldwide. Likewise, clients may use the trademarks, property of elZinc®, to promote its commercial activities in the same terms. The use of any trademark, be it by elZinc® or by the client, will abide by the current regulations applicable at the time and must be performed in good faith and in mutual reputational benefit. Moreover, through the acceptance of these GCS, the client, non-exclusively and worldwide, conscribed to the proper uses of the business sector to which elZinc® belongs during the maximum amount of legal time available, assigns to elZinc® the right to use and reproduce the trademarks of the client in any media of elZinc®’s choosing for any commercial or marketing activity related to elZinc® products. The client acknowledges and claims to be the owner or legitimate holder of the intellectual property rights over the intangible assets mentioned beforehand and assures elZinc® its untroubled quiet enjoyment. The customer shall indemnify elZinc® and hold elZinc® harmless against any claims against it, including claims for damages, which any third party may claim against elZinc®, provided that they are based on intellectual or industrial property infringements on elements that the customer has assigned to elZinc®.


elZinc® may, according to its own criteria, compensate any claims to the client, independently of the motives and the due, liquid, and enforceable debts that may have been generated
between the parties with any and all claims made against the former.


The GCS are ruled by their own terms and conditions, and regarding any provision not established herein, by Spanish legislation. Any dispute or conflict that may arise as a consequence of the interpretation or application of these GCS will be resolved, exclusively, before Oviedo’s Chamber of Commerce’s, Industry and Navigation Arbitration Court, located in Asturias, Spain, according to its rules and regulations, through legal arbitration and by an arbitrator, unless an imperative regulation states otherwise.

The annulment or invalidity of a part of these GCS does not imply the annulment or invalidation of the remainder. That which is declared null or invalid can be substituted by another or
completed via interpretation according to the terms expressed in the rest of the GSC.


These GSC are published and hosted on elZinc®’s website www.elzinc.es . The users of such platforms will be able to clearly identify, through an easy to find intuitive access link (hyperlink), in the upper area of the space enabled for the inclusion of the GSC, the version in force at the time, and the date after which said GSC started to exert fully binding legal effects.

Any stipulation collected in these GCS will be of immediate application, along with those individual agreements or pacts that elZinc® subscribes with its clients. In case of discrepancy between individual terms and the GCS, the content of the first shall always prevail.

In Villallana, Lena, 1st January 2024



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