1. Scope of Application
1.1 These General Terms and Conditions apply to the sale of products, the supply of equipment and the provision of services by L.N. Águas, hereinafter referred to as the Company, to the Client, whether the Client is a consumer (non‑professional use) or a professional client (commercial or industrial use).
1.2 In the event of any conflict between these General Terms and Conditions and a specific contract entered into between the Parties, the specific contract shall prevail.
1.3 For the purposes of these Terms and Conditions, Consumer shall have the meaning set out in subparagraph g) of Article 2 of Decree‑Law no. 84/2021, of 18 October.
2. Orders and Acceptance
2.1 Orders must be placed in writing. The Company shall confirm acceptance of the order also in writing.
2.2 Order acceptance may result from the Company's written confirmation or, in the case of professional clients, from the receipt of products or services without immediate objection.
2.3 Any changes to an order shall only take effect after written confirmation by the Company.
2.4 The Company may refuse orders when overdue debts exist, credit limits have been exceeded, or there is a relevant commercial risk.
3. Prices and Commercial Conditions
3.1 The applicable prices are those stated in the proposal, contract or price list in force on the date the order is accepted.
3.2 Prices do not include transport costs, insurance, special packaging, fees or taxes, unless expressly stated otherwise.
3.3 For low‑value orders, an administrative fee may be applied, previously communicated to the Client.
4. Delivery, Transport and Transfer of Risk
4.1 Delivery deadlines are indicative, unless otherwise agreed in writing.
4.2 The place of delivery shall be the one indicated by the Client or, if none is indicated, the Company's premises.
4.3 Unless otherwise agreed in writing, transport is carried out at the Client's cost and risk, and the Client shall ensure the appropriate insurance.
4.4 The Client must inspect the products upon delivery and report any damage or non‑conformity in writing: • Consumers: within the legally applicable period; • Professional clients: immediately or within a maximum of 3 working days.
4.5 Failure to report within the indicated deadlines implies acceptance of the products as delivered.
5. Payments
5.1 Unless otherwise agreed, payment is due as follows: • Consumers: upon delivery or according to agreed conditions; • Professional clients: within the period stated in the proposal or, if none is stated, within a maximum of 30 days from the invoice date.
5.2 Failure to meet the payment deadline entitles the Company to: a) charge late‑payment interest at the legally applicable rate; b) suspend supplies; c) revoke any discounts granted; d) require additional guarantees.
5.3 Title to the goods remains with the Company until full payment of the invoice.
6. Returns and Non‑Conformities
6.1 Returns of conforming products are not accepted, except with the Company's exceptional agreement. In such cases, a deduction may be applied in accordance with the manufacturer's conditions.
6.2 In the event of non‑conformity: • The Company will assess the situation and proceed, at no cost to the Consumer, with repair or replacement. • For professional clients, the Company may choose between repair or replacement, unless otherwise required by law.
6.3 Presentation of the invoice or equivalent document is mandatory for any claim.
7. Warranty
7.1 For Consumers and professional clients, the warranty period is 24 months, unless otherwise stated in the proposal or in the manufacturer's warranty.
7.2 Depending on the equipment and its characteristics (e.g., power rating), this clause is governed by the manufacturer's general conditions.
7.3 In cases of retail sales to the public, the process shall be handled directly at the Company's counter.
7.4 The warranty does not cover damages resulting from: a) improper use; b) incorrect installation; c) normal wear and tear; d) unauthorised third‑party interventions; e) failure to comply with the instructions for use.
8. Liability
8.1 The Company is liable for damages caused by defective products under the applicable legislation, provided that all installation and maintenance requirements set out in the manufacturer's technical documentation have been complied with.
8.2 Except where otherwise required by law (particularly in relation to Consumers), the Company's liability for indirect damages, loss of profits or business interruption is excluded.
9. Intellectual Property
9.1 All drawings, manuals, specifications and technical documentation supplied remain the property of the Company and may not be reproduced or disclosed without written authorisation.
10. Confidentiality
10.1 The Parties undertake to keep confidential all technical, commercial or strategic information obtained within the scope of the contractual relationship.
11. Force Majeure
11.1 Neither Party shall be liable for failure to perform due to events of force majeure, including pandemics, natural disasters, armed conflicts, strikes or system failures.
11.2 If the force majeure event lasts more than 90 days, either Party may terminate the contract without compensation.
12. Alternative Dispute Resolution (Consumers)
12.1 Under Law no. 144/2015, Consumers may resort to a Consumer Dispute Resolution Entity (ADR). The updated list is available at www.consumidor.gov.pt.
13. Jurisdiction
13.1 For professional clients and Consumers, the competent court shall be that of the Company's registered office, with express waiver of any other, unless otherwise required by law.
