These general conditions of sale (hereinafter referred to as “General Conditions”) will govern the contract of sale between OHA-OLEOHIDRAULICA APLICADA, LDA. (hereinafter “Seller”) and the customer (hereinafter “Customer”) related to the products marketed, manufactured by or on behalf of the Seller (hereinafter “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 Note/order confirmation”).
The customer will inform the seller, when placing any order, about the existence of any regulations and/or technical standards for the manufacture and/or delivery of the products, imposed by the legislation of the country of destination. The seller will assess, at its 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, he must confirm them in the order confirmation. Under no circumstances will the seller be obliged to adapt the product(s) to the standards required 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 govern every sale of products between the seller and the customer, even if concluded orally, by letter, in other printed forms or in any other form.
In the omitted situations, Portuguese law prevails.
Each and every change in the general conditions will be valid and effective only if made in writing between the parties or by the seller in his Customer Purchase Order.
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 per unit for the product(s) leaving the seller's premises and subject to taxes at the legal rate in force on the date of invoice.
Prices may change, without prior notice by the seller.
Delivery times are merely indicative and do not constitute a delivery commitment on the part of the seller. Extension of the delivery period does not entitle the customer to claim compensation for loss or damage.
The delivery of products is understood by EXW (INCOTERMS).
The products will always travel at the risk and expense of the customer, ending the responsibility of the seller with the delivery of the same to the transport agent, even when, at the request of the customer, the seller is responsible for the shipment and the transport costs are included in the global price of the invoice.
Returns are only accepted within 15 days following the date of the respective invoice.
We do not accept returns of obsolete, non-standard products, or manufactured specifically to satisfy the customer's request.
Returns of used goods are not accepted.
All returns must be authorized by the seller, and will be made free of charge to the seller.
Once received, and proven the good condition of the product, the seller will issue a credit note, reserving the right to deduct a part of the value of the product to compensate for handling, packaging and accounting costs.
Payment must be made in accordance with the terms and conditions agreed upon at the time of order confirmation. In the event of non-compliance with the payment deadlines, the seller reserves the right to charge interest at the legal rate in force at the time.
The seller guarantees the conformity of the products, which means that the products are free from manufacturing defects and suitable for the use for which they are normally intended.
The seller also guarantees that the products comply with European safety laws and regulations.
The guarantee will last for the duration defined by each of the brands/manufacturers, 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 on any appropriate evidence of the reported defects (if possible photographic and / or video support).
The guarantee always extends to the product sent to our facilities, with transport costs borne by the customer.
Any warranty service outside the seller's premises will be limited to replacing or repairing the part that is the subject of a claim, free of charge, but charges will be made for labor, travel, accommodation, food and possible transport of materials.
This guarantee does not include:
– The effects produced by the natural wear and tear of the material;
– Materials that have been disassembled, manipulated, modified or repaired by people outside our company;
– The anomalies or damage that they may have caused to installations, machines or circuits;
– Deterioration and possible consequences due to negligence, lack of supervision and maintenance, improper use, dirt and contamination of the fluid, anomalies caused by fatigue from poorly installed or misaligned material or subjected to excessive stress, fluid used of insufficient quality, fortuitous causes or force majeure, for not respecting the operating instructions, inadequate voltages or electrical frequencies, for improper handling, and finally, any other material that has been incorporated is excluded, the responsibility of which corresponds to those who carried out the adaptation, selection, suitability, assembly and design.
The seller reserves the right of ownership of all products delivered to the customer, until full payment is made.
In the event of litigation, the court of the district of Santarém has jurisdiction, with express waiver of any other court.
Amiais de Baixo 28/05/2019