GENERAL CONDITIONS OF SALE
These general conditions of sale (hereinafter referred to as “General Conditions”) will govern the contract of sale between OHA-OLEOHIDRAULICA APLICADA, LDA. (“Seller”) and the customer (hereinafter referred to as “Customer”) related to the products marketed, manufactured by or on behalf of Seller (“Products”).
Each individual sale of products will be valid only after acceptance by the seller, in writing, of the order received from the customer (hereinafter “Customer Order Order / Order Confirmation”).
The customer will inform the seller, when placing any order, on the existence of any regulations and / or technical standards of manufacture and / or delivery of the products, imposed by the legislation of the country of destination. The seller will evaluate, at his sole discretion, the feasibility of adaptations and / or modifications necessary to make the product (s) compatible with the required standards. If the seller decides to implement such adaptations / modifications, you must confirm them in the order confirmation. Under no circumstances will the seller be obliged to adapt the product (s) to the required standards and / or indicated by the Customer, as this choice remains at the sole discretion of the seller.
These General Conditions and each individual sale, will not establish any relationship of exclusivity between the parties, mutual or unilateral, related to the sale and purchase of products.
These general conditions, recognized and approved by the customer, represent the entire contract between the seller and the customer and must regulate each sale of products between the seller and the customer, even if they are concluded orally, by letter, in other forms printed or any other form.
In omitted situations, the Portuguese Law prevails.
Each and any changes in the general conditions will be valid and effective only if made in writing between the parties or by the seller in your Customer Order Note.
The purchase order that the customer transmits to the seller constitutes a binding offer.
The purchase order must be approved by the seller.
Prices are understood to be unitary for the product (s) exiting the premises of the seller and subject to taxes at the legal rate in force at the date of invoice.
Prices may change without notice by the seller.
- Delivery time
Delivery times are indicative only and do not constitute a commitment on the part of the seller. The expiration of the delivery time does not give the customer the right to demand compensation for loss or damage.
The delivery of the products is understood by EXW (INCOTERMS).
The products will always travel at the customer’s risk, ending the seller’s responsibility with the delivery of the goods to the carrier, even if, at the request of the customer, the seller takes care of the shipment and the transport costs are included in the invoice.
Returns will only be accepted within 15 days of the respective invoice date.
Returns of obsolete, non-standard, or manufactured products specifically to satisfy the customer’s request are not accepted.
No refunds of goods already used are accepted.
All returns must be authorized by the seller, and will be made free of charge to the seller.
Once the product has been approved and verified the good condition of the product, the seller will issue a credit note, reserving the right to deduct part of the value of the product to offset the costs of handling, packaging and accounting.
Payment must be made according to the conditions and modality agreed upon at the time of order confirmation. In case of non-compliance with payment deadlines, the seller reserves the right to charge interest at the legal rate in force at that date.
The seller guarantees the conformity of the products, which means that the products are free from defects in workmanship and fit the intended use.
The seller also ensures that the products comply with European safety laws and regulations.
The warranty will have the duration that each of the brands / manufacturers has defined, starting from the delivery of the product to the customer and in accordance with the relevant terms established in these general conditions.
Any defect and / or failure of the products arising during the warranty period must be notified by the customer in writing and must contain information about any appropriate proof of the defects reported (if possible photographic and / or video support).
The guarantee always extends to the product shipped to our facilities, with transportation costs borne by the customer.
Any warranty service outside the seller’s premises shall be limited to the replacement or repair of the item subject to complaint, free of charge, but will be charged for labor, travel, accommodation, food and possible transportation of materials.
This warranty does not include:
– The effects produced by the natural wear of the material;
– Materials that have been disassembled, handled, modified or repaired by persons foreign to our company;
– Any anomalies or damages that they may have caused in the installations, machinery or circuits;
– Deterioration and possible consequences due to negligence, lack of vigilance and maintenance, improper use, dirt and contamination of the fluid, anomalies caused by fatigue of poorly installed or poorly aligned or strained material, insufficient quality used fluid, by chance or of force majeure due to improper handling, voltages or frequencies due to improper handling, and, finally, any other material that has been incorporated, whose responsibility corresponds to those who have carried out the adaptation, selection, fitting, assembly and design.
- Reservation of Property
The seller reserves the right to own all products delivered to the customer, until payment is made in full.
- Competent forum
In case of litigation, the court of the county of Santarém has jurisdiction, with express resignation of any other court.
Amiais de Baixo 05/28/2019