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General Sales Conditions
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General Sales ConditionsI - GENERAL II - PRICES 1. Prices are expressed in euros (€) and are strictly net with regard to the merchandise placed in our warehouse, unless other conditions are established. 2. The proposals presented are subject to final confirmation on placement of the order. 3. The prices are subject to change without prior warning, and those in force on the supply date shall apply. 4. The manufacture of articles with special measures (non standard) is subject to a surcharge of 10%. 5. Articles manufactured with special measures (non standard) will be billed based on the next higher standard measure. III - DELIVERY DEADLINES The merchandise and packaging are always shipped on account and at the risk of the purchaser, unless under special conditions agreed in writing. All due precautions shall be taken to deliver the merchandise within the agreed deadlines, Any delays or late deliveries that occur due to reasons of force majeure or unforeseeable causes shall not imply liability to indemnify. We reserve the right to perform partial supplies and send partial invoices. IV - RETENTION OF TITLE AR JÚNIOR, in accordance with that provided in article 409, nr. 1 of the Portuguese Civil Code, shall retain title of the property of the equipment until it is paid in full. V - WARRANTIES AR JÚNIOR offers warranty with regard to the operation of the supplied merchandise against manufacturing defects for the period of one year counted from the date of effective delivery of the merchandise to the Purchaser. If, however, the law imposes a longer warranty period, the period provided by law shall apply. If the merchandise is not collected immediately due to reasons for which the Purchaser is at fault, the warranty period shall commence following the date that the respective invoice is issued. 1. The warranty provided in the above number shall not apply to replacements or repairs resulting from the normal wear and tear of the material, from deterioration or accident due to its negligent use, lack of surveillance or defective use, or the use of the products under extreme conditions outside what would be considered normal conditions and, also, the use of the products for purposes other than those for which they were manufactured or sold. Additionally the warranty shall be void in the event that the Purchaser interferes with the equipment, for example by performing or attempting to perform repairs in any way, or for any other purpose. 2. The existence of a defect shall be acknowledged by the AR JÚNIOR technical services located at its facilities. In the event of defects, the Purchaser shall enjoy all the rights the law provides, namely the right to the repair or replacement of the defective equipment, which it may exercise without additional cost during the warranty period provided above. 3. The parts to be replaced under the terms of the warranty above shall be returned to AR JÚNIOR. 4. AR JÚNIOR shall not be held liable for any damages caused by the actions of its representatives or assistants, in the event of mere negligence. VI - PAYMENT 1. Failure to pay an invoice, according to the conditions provided by contract, shall entitle AR JÚNIOR to immediately suspend any further supplies. 2. If the Purchaser is late in the performance of any payment with regard to the sum outstanding, and for the period during which the payment is late, interest shall be applicable at the standard legal rate for commercial obligations, plus three percent. 3. Any alternative forms of payment shall only be accepted if proposed and accepted by the management beforehand, and any costs shall be borne by the client. VII - RECEPTION OF THE MATERIAL 1. Whichever the destination, the risk with deterioration or perishability passes to the Purchaser as soon as the merchandise leaves the facilities, without prejudice to that provided by the law regarding the rights of the Purchaser during the warranty period. 2. Without prejudice to the rights of the Purchaser during the warranty period, the costs with transport, packaging, insurance and customs, if applicable, as well as those relative to shipping materials shall be borne by the Purchaser. 3. The materials sold, even if sent with prepaid mail, shall be transported on the account and at the risk of the Purchaser, who shall exercise his rights in the event of failure, loss, breakdown or delay, against the transporter. 4. In the event of failure, loss or breakdown of the material, its state shall be verified at the moment it is unloaded, whereby the applicable complaints shall be made immediately on the bill of lading, signed by the transport service provider or their legal representative, in accordance with the applicable law. 5. The complaints shall be confirmed by the Purchaser, by registered letter to be sent to the transporter within eight calendar days, counted from the date of reception of the merchandise. Otherwise, if the conditions provided above are not met, ARJÚNIOR shall not be held liable for any losses. VIII - JURISDICTION 1. The courts of the District of Viseu shall have exclusive jurisdiction to settle any issues arising from these general conditions, without prejudice to the law that imposes otherwise. |