GENERAL CONDITIONS

GENERAL TERMS AND CONDITIONS OF SERVICES AND SUPPLY

 

1. Scope and Precedence

 

1.1. These General Terms and Conditions govern all commercial relations between the Service Provider and the Clientand shall prevail over any other conditions, communications, offers, orders or agreements, even if entered into in good faith, unless expressly agreed otherwise in writing.

1.2. The acceptance of any offer, quotation, order, or the commencement of production implies the full and unconditional acceptance of these General Terms and Conditions.

 

2. Offers, Quotations and Orders

 

2.1. All offers and quotations are indicative only, unless expressly stated otherwise.

2.2. Prices may be adjusted due to variations in raw materials, transportation costs, energy, taxes, duties, or technical requirements.

2.3. Production shall only commence upon written confirmation of the order and, where applicable, receipt of the agreed payment.

 

3. Production Lead Times

 

3.1. Production lead times are always indicative and shall not constitute a contractual obligation.

3.2. Any modification to the initial project, including — without limitation — changes in design, dimensions, materials, finishes, quantities, late approvals, or additional requests, shall result in the automatic restart of production lead times.

3.3. The Service Provider shall not be liable for delays resulting from:

  • delayed approvals by the Client;

  • late or incorrect delivery of information, files or materials;

  • force majeure events or external factors.

 

 

4. Delivery, Transport and Transfer of Risk

 

4.1. Delivery lead times cease upon dispatch of the goods.

4.2. From the moment of dispatch, all risks are fully transferred to the Client, even when transport is arranged by the Service Provider.

4.3. The Service Provider shall not be liable for delays, damages or losses occurring during transport, which must be claimed directly from the carrier.

 

5. Inspection, Claims and Conformity

 

5.1. The Client shall inspect the goods upon receipt.

5.2. Any claim must be submitted in writing within a maximum period of 5 business days from receipt.

5.3. No claims shall be accepted regarding:

  • normal variations inherent to industrial production;

  • differences in color, finish or texture within acceptable technical tolerances;

  • improper use, incorrect storage or non-compliant application of the product.

 

 

6. Liability and Limitation

 

6.1. The liability of the Service Provider shall be strictly limited, in all circumstances, to the amount actually invoicedfor the specific supply giving rise to the claim.

6.2. Under no circumstances shall the Service Provider be liable for:

  • loss of profit;

  • indirect damages;

  • consequential damages;

  • commercial losses or reputational damage.

 

 

7. Intellectual Property and Tooling

 

7.1. All technical drawings, molds, tools and developments shall remain the exclusive property of the Service Provider, unless expressly agreed otherwise in writing.

7.2. The Client shall not reproduce, copy or use such elements without the express authorization of the Service Provider.

 

8. Payments

 

8.1. Payments shall be made in accordance with the agreed terms and deadlines.

8.2. Any failure to make payment entitles the Service Provider to:

  • suspend future production;

  • retain the goods;

  • terminate the contractual relationship, without prejudice to any legal actions or compensation that may be claimed.

 

 

9. Force Majeure

 

9.1. Neither party shall be liable for failure to perform due to force majeure events, including but not limited to strikes, pandemics, conflicts, extreme weather conditions, logistical disruptions, governmental acts or unavailability of raw materials.

 

 

10. Cancellation and Deposit Forfeiture Clause 

 

10.1. In the event of order cancellation by the Client after a period of 5 (five) business days from the date of order confirmation, the Client shall automatically forfeit the deposit paid.

 

10.2. Furthermore, considering the customized nature of the products and/or the commencement of the production process, the Supplier reserves the right to require the Client to pay the full value of the order, whenever production costs, raw material procurement, technical development, or any other costs related to the order have already been incurred.

 

 

 

11. Governing Law and Jurisdiction

 

11.1. In the event of a dispute, the Service Provider’s General Terms and Conditions shall prevail, unless mandatory legal provisions apply.

11.2. The contractual relationship shall be governed by Portuguese law, together with the applicable European regulations.

11.3. Any disputes arising from this relationship shall be subject to the exclusive jurisdiction of the courts of the district where the Service Provider has its registered office, with express waiver of any other jurisdiction.

 

For any further clarification regarding our company’s general terms and conditions, or any other relevant matter, please do not hesitate to contact us by telephone at 800 080 013 (toll-free number) or by email at [email protected]