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TERMOS E CONDIÇÕES

General Conditions of Sale

General Conditions of Sale


Studies and Proposal

It is the property of Intertecnimaque - International Trading Lda (hereinafter referred to as the seller), all documents of any nature, data or sent to the buyer. These documents are provided free of charge following any transaction and contract of which they are an integral part. Otherwise, Intertecnimaque - International Trading Lda, as a seller, reserves the right to request reimbursement of study and travel expenses and the return of such documents. 

Seller fully retains the intellectual property of its designs, design plans and drawings that may not be communicated by the buyer to third parties or executed without written permission of the seller.

The quotas of masses of foundations, as well as all the quotas of civil works, being able to appear in plans or documents, are given only by way of indication, being for the buyer its conception and accomplishment.

Transaction

A transaction comprises a contract signed by both parties or a buyer's order duly accepted and / or confirmed by the seller, and these terms of sale and payment due as confirmation of the order form an integral part of the contract.

The delivery time indicated by the seller only starts counting after the payment has been properly and effectively made by the order confirmation. The set of transaction conditions is confirmed in writing by the seller's competent services. The buyer's own terms of purchase, the specifications of the architect or consulting engineers, or any other conditions of purchase that the seller has not previously agreed to in writing upon conclusion of the transaction cannot be invoked by the buyer.

Delivery, Assembly and Startup

In accordance with Article 35 (1) (f), all invoiced goods / articles are made available to the purchaser on the date of the invoice at the seller's premises.

All invoiced goods/articles made available to the purchaser on the date of the invoice at the seller's premises, even where in the event of the impossibility, incapacity or convenience of the buyer, the delivery of the invoiced goods / items is made by seller's vehicles or by transportation companies contracted by the seller, the invoiced goods/articles are always at the buyer's risk and the seller does not assume any liability after the goods / articles leave its premises. 
 
Delivery or start-up of the equipment makes the transfer of responsibility effective. Delivery is deemed to be made at the seller's manufacturing facilities (unless otherwise agreed in the contract).

All commitments entered into by the seller relating to the delivery, assembly and start-up periods, among others in the following cases and / or situations:
  • if the payment terms have not been fully respected by the buyer;
  • in the event that the elements necessary for the realization, which must be provided by the buyer, are not received in due time by the seller or are modified during the course of the execution;
  • force majeure or acts of God, among others, of events such as strikes, technical stoppages, epidemics, transport delays, war, mobilization, scrapping of missing parts with ongoing manufacturing, fire, floods, weather, total or partial unemployment.
Until the beginning of the assembly, the buyer must shelter all elements delivered from the weather.

In the event of exceptionally being or providing for a delay clause from the seller, the amount of the penalties may in no case exceed 5% of the transaction value excluding VAT. Acceptance of such penalty by Seller excludes any further claim from Buyer for damages.

The buyer shall appoint, in advance of the equipment start date, one or more technically qualified persons responsible for the area of ??competence. These elements will need to be present and follow from start to finish the entire equipment start-up procedure, which may eventually take one or more days.

Reception

For contracts that include start-up of equipment by the seller, the receipt of the work is considered to be done and accepted without reservation on the day of start-up, which in principle is performed at the end of assembly. If the start-up does not come and be made by the seller and is done by the buyer, it is considered as done after the end of the assembly, the buyer will be solely and exclusively responsible.

Payment conditions

Unless otherwise specified and stipulated, prices are calculated for net payment and without discount in the currency stipulated by the seller and payable in accordance with the terms and conditions of each transaction. Failure by the buyer to pick up the goods / articles shall not prevent the entry into force of the agreed and agreed payment periods. The time allowed for payment cannot be delayed under any pretext, even if contentious. In the event of late payment without respect to the periods fixed in the contract, the sums due shall be increased by default interest, calculated at an annual rate of 15% between the contractual date and the actual payment date, but this clause may not prevent debt collateral within the contractual term.

In the event that one of the payments is not made on the scheduled date, as well as in the case of sale, assignment, attachment, etc., the balance of the sums due shall become due immediately, by simple notification by registered mail, whatever the agreed conditions. previously, where judicial appeal becomes necessary.

In the event that one or more invoices issued to the customer are overdue, the billing system used by the seller automatically blocks the buyer's account, making it impossible for the seller to issue any Shipping and / or Billing document. For this reason, the seller even in situations that are in their premises Accessories; Tools; Machines or other products will not be able to deliver or make them available for withdrawal until the buyer has settled the invoice (s) in full in order for the system to unlock the account.

Seller, upon notice to Buyer for full payment of overdue invoices, if within 10 days of notice, Buyer does not give Seller full right to charge for the rental of Accessories space; Tools; Buyer machines or other products on your premises for € 25 per day for each m3 occupied.

Property Reserves

By mutual agreement of the parties, all sales will not be completed until full payment has been made. Until payment is fully made and satisfied, all materials and articles are the property of the seller.

Failure by the buyer to pay any fraction of the price on the due date entitles the seller to cancel the sale within eight days by notice by registered mail.

Warranty

Materials such as machines, cutting tolls, accessories, etc sold and not manufactured by the seller, the warranty is the responsibility of the manufacturer of the same, the seller having no responsibility or obligation to repair or replace the defective parts, this being the responsibility of the manufacturer.

Seller's materials of manufacture and delivery are warranted against any defects in construction for a period of 12 months from the date of delivery of the equipment. The warranty is limited to the repair or replacement of the supplied defective parts, material and repair work to be performed at our facilities at Devesas Industrial Complex, Rua das Devesas No. 26 - Seroa - Paços de Ferreira.

Disassembly and assembly labor as well as transportation are the responsibility of the buyer.

The claimed parts are the property of the seller after the price is fully paid.

Consumable or abnormally worn parts, parts damaged by accident, neglect, imprudence, lack of vigilance, maintenance or misuse of the equipment may not be claimed. This warranty does not cover the cost of downtime, loss of workmanship, unemployment, fuel costs or any other damage generally caused to the buyer by a defect in material or installation, and no damages may be claimed for damages. for any reason whatsoever, by waiving the buyer all claims for damages and any compensation for lost profits.

Buyer expressly disclaims any remedies after the expiration of the warranty period, and seller's liability ceases completely. In order to be able to evoke the benefits of this guarantee, the buyer, in addition to committing to strictly comply with all contractual commitments, must also prove that:
  • The equipment was started by a salesperson's technician.
  • The equipment was not overloaded.
  • The equipment was supplied with adequate fuels, water, energy, etc.
  • The buyer has not replaced parts supplied by the seller with parts of a different origin.
  • Buyer has not modified the installation, products or materials without prior agreement of the seller.
  • The equipment has been used and serviced as directed by the seller's technician at startup.
  • owns and maintains a maintenance, overhaul and repair logbook.
  • Seller's technicians can inspect the installation at any time.
  • there has been no intervention in the equipment by technicians other than the seller's technicians. Please note that during the start-up of the installation the necessary instructions will be given to the responsible personnel, ensuring that:
  • the instructions were correctly transmitted; It is clear that the buyer has to designate one or more technically qualified persons before the start of the installation and that they must be given the opportunity to follow the start-up procedure from start to finish (possibly several days).
  • The installation conforms to the order confirmation.

Legislation

It is the buyer's responsibility to comply with the legislation in force, namely regarding safety, hygiene, environmental protection, etc., governing the exploitation of the material supplied as well as obtaining all necessary authorizations. In the event of a supply or payment dispute, only the court of Paços de Ferreira is competent.
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