General conditions of Sale
1. Definitions:For the purpose of these General Conditions of Offer and Sale, the following words and expressions shall have the following meaning:
The Seller: J. Costa Máquinas, Unipessoal, Lda.
The Buyer: such person or company that purchases or undertakes to purchase the Goods.
The Good or Goods: such as materials, equipment and/or their parts that are provided under the contract of sale.
2. Order Acceptance Right: The Seller undertakes, within 5 working days, to inform the acceptance of the order of the good, the foreseeable date of delivery of the good and the final price excluding VAT.
Delivery date is approximate and is subject to delays beyond Seller's control.
3. Price: The Seller informs the final price of the good, excluding VAT, always on condition that it is collected from the Seller's factory. Prices are subject to change in the event of force majeure, on condition in writing from Seller to Buyer.
4. Payment upon ordering: After acceptance by the Seller, the Buyer, within 5 days, will have to signal the purchase with a down payment of 40% of the final value of the good for individual orders and 35% of the final value of the goods for group orders, plus the VAT rate in force at the time of ordering.
5. Order: All orders must be placed through a purchase order, sent by the Buyer, which must include: the desired models, quantities ordered, accessories that complement the models, desired delivery times (to be confirmed with the Seller), price unit without VAT and payment method. The order will only be considered valid after the Seller has issued the manufacturing order. The formalization of an order by the Buyer implies prior knowledge and full and unreserved acceptance of these general conditions of sale. If at any given time the Seller does not make use of any of the clauses contained in these general conditions of sale, this cannot be interpreted as a waiver.
6. Duration of proposal acceptance: The Seller is obliged to maintain the acceptance of the proposal for a period of 8 days, after which, without the payment of the down payment, the acceptance ceases to have any link to the Seller.
7. Equipment Production: The Seller will only start producing the good after the down payment has been credited to its bank account.
8. Delivery of equipment: The Seller informs the final delivery time when sending the pro forma invoice or equivalent document.
9. Payment of the remainder of the price: Payment of the remaining amount must be made within 5 days after sending the pro forma invoice by the seller. The Seller informs the final delivery time when sending the pro forma invoice or equivalent document.
10. Location for lifting the equipment and its transport: Buyer will have to pick up the equipment at Seller's premises, with Buyer's responsibility for transportation costs and risks.
11. Equipment pick-up conditions: The Buyer may only withdraw the equipment if the amount has already been fully credited to the Seller's bank account.
12. Reservation of sales to third parties: The Seller reserves the right to sell the good to third parties if the final payment is not credited to the Seller's bank account at the end of the period defined in item 9.
13. Space occupation: The Seller will charge the occupation of space, per day, if the Buyer does not carry out the collection of the equipment on the indicated date without prior justification. Buyer shall inform Seller of the expected pick-up date five (5) business days in advance.
14. Conversion of the proposal into a purchase and sale: At the time the Seller sends the order to confirm the order, the expected date of delivery of the good and final value, excluding VAT; the proposal is considered to have been accepted and becomes a purchase and sale contract after the down payment is made by the Buyer, to be carried out under the terms and conditions referred to in item 4.
15. Studies and Projects: Studies and documents of any kind delivered or sent by the Seller remain its exclusive property and must be returned upon request. The Seller fully retains the intellectual property of its studies and documents, which may not be communicated or executed without its written permission. Studies, projects and recommendations are purely indicative, based on data provided by the customer. They are just proposals that cannot be equated with any participation in the design of the final product and involve the responsibility of the Seller. The supply of a product consistent with data from catalogs or specifications in no way implies a suitability of the product for the application or specific knowledge of its purpose by the Seller. It is up to the user to consider the applicable general rules and conditions of use, and the particular conditions of use, and he is responsible for his choice.
16. Communications: No waiver, amendment or modification of these terms and conditions may be made except in writing. All orders are subject to Seller's acceptance in writing.
17. Responsibility: Seller's total liability to Buyer will never exceed the net price invoiced to Buyer under any circumstances, including breach of contract, undelivered or defective merchandise.
18. Force Majeure: Seller shall not be liable to Buyer for any loss or damage caused directly or indirectly as a result of any third party action or events beyond Seller's reasonable control preventing or delaying the supply of Goods or making such supply unprofitable; this includes (but is not limited to) accidents, equipment failure, strike, riot, war, flood, storm, earthquake, fire, acts of God, shortages of raw materials or workers, and/or increased market costs.
19. Warranty: According to document JC Processors Brand Warranty Terms, made available by the manufacturer, by email or in physical format.
20. Returns: Returns of JC Processors brand machines or exchanges for any other brand are not accepted.
21. Special Conditions: Special conditions that deviate from these General Sales Conditions apply only if agreed in writing and only in relation to the orders to which they relate.
22. Legal Jurisdiction: The contract between the Buyer and the Seller will be drawn up by Portuguese law, with the jurisdiction of the District where the Seller is headquartered J. Costa Máquinas, Unipessoal, Lda.
This document is subject to changes and revisions.