GENERAL CONDITIONS FOR SALE
I. These general terms and conditions of sale apply to commercial relations between L.N. Águas, Lda., Hereinafter referred to as L.N. Waters, and the Customer, understood as the one to whom goods are provided, services are provided or any rights are transferred, intended for non-professional use (non-professional use consists of the use of the goods in a personal, family or domestic capacity).
II. Commercial relations means the sale of materials (produced by third parties) and equipment by L.N. Waters to the Customer, who buys them, and the services related to them.
III. When for reasons unrelated to L.N. Waters, namely, non-compliance by producers in the delivery of goods, L.N. Waters are unable to comply with the conditions agreed with the Client, the Client already gives his acceptance to the default in question, which must be considered as a cause of force majeure attributable to third parties.
2. Assignment of the Contractual Position
The Parties may only assign their position in these General Conditions of Sale to third parties by means of a prior agreement given in writing by the other Party.
I. The ordering of goods and the contracting of services by the Client, can only be made in writing and by the responsible person with powers for the act.
II. Orders are only considered accepted and require delivery when they respect the conditions contained in the proposal previously submitted by L.N. Waters or when confirmed by it.
III. Any changes or additions to the order will only be valid when confirmed in writing by L.N. Waters.
IV. For Customers with a Current Account Statement, orders will only be accepted and supplies made when the credit limits granted by L.N. Waters as well as payment terms.
I. The sales and service prices that, at the date of supply, appear in the tables in force at L.N. Waters.
II. The costs of packing and shipping to the delivery location indicated by the Customer, will be borne by the Customer.
III. For orders of material whose value is less than € 200.00, a fee of € 20 will be applied.
5. Delivery time
I. The delivery time is subject to confirmation, being in principle 48 hours for products available in stock.
II. It is considered as the place of delivery the facilities of the Client where the supply is made.
III. When the goods to be supplied are intended to be picked up by the Customer at the L.N. Waters, they are considered reserved for the Client and, for this reason, they must be collected at the L.N. Waters up to 48 hours after the date of the order, under penalty of ceasing the guarantee of its availability.
IV. The Customer may request L.N. Waters the delivery of goods, in which case the transport may be carried out by a transport company hired by L.N. Waters, whenever it is not possible to use own means.
V. In any case, the goods are always transported at the expense and risk of the Customer, who is responsible for the respective insurance, even when the transportation has been specifically agreed by L.N. Waters.
SAW. At the request of the Client, L.N. Águas can carry out shipping insurance.
VII. When delivery is made to a location designated by the Customer, other than its facilities, or whenever there are expenses related to transport, insurance, special packaging or other related to shipping, these will be borne by the Customer.
VIII. When the transport is carried out by a transport company, the Client, upon receiving the goods, must check if it has any damage resulting from the transport, and if so, he must note the damage in the respective document and, informing, in writing, L.N. Waters, within 3 days from the date of delivery, whenever this occurs.
IX. If such a procedure is not implemented, the goods are considered to be delivered in perfect condition, without any damage being attributed to the transport operation.
I. For Customers without a current account, unless otherwise agreed, all payments will be made at L.N. Waters, when delivering the materials or equipment sold.
II. Payments can be made in cash, credit card or electronic debit card, at L.N. Waters. Payment will also be accepted by check for purchases under 150 € (one hundred and fifty euros) or certified check above this amount.
III. In situations where, according to the proposal submitted or, according to the criteria defined for the award, the need for an initial payment is foreseen at the time of ordering, this is only considered effectively accepted and the supply process is triggered, after the completion of that order.
IV. For Customers who have a current account, benefiting from credit sales conditions, it will be4264/5000IV. For Customers who have a current account, benefiting from credit sale conditions, a maximum amount to be settled will be defined, as well as a 30-day time limit, from the date of each invoice, for the payment to be made. The limit values and payment term may be revised and changed, case by case, without prior notice.
V. No credit sales will be made to Customers for whom the assigned ceiling or the payment period for any invoice has been exceeded.
SAW. L.N. Águas reserves the right to charge interest on arrears at the legal rate in force, as well as to cancel any discount previously made for failure to comply with the agreement established regarding the payment term.
VII. The application of default interest does not jeopardize the payment of the debt, according to the legislation in force.
I. Returns are not accepted whenever the product is delivered in perfect condition and the delivery is made in accordance with the order.
II. In the event that such a situation does not occur, the Customer must complain to L.N. Águas, which will analyze the cause that gave rise to it and develop the appropriate actions, with a view to restoring the good in accordance with the contracted, through repair or replacement, appropriate price reduction or termination of the contract, without charges for the Client.
III. Claims that are not accompanied by a copy of the invoice, by the Client's document mentioning the invoice number or delivery document, will not be considered.
IV. When exceptionally, the Customer intends to make a return in which the supply was made in accordance with the contractor, and it is possible for L.N. Waters accept the return, the amount to be credited will always be at least 25% lower than the invoiced amount, and may reach higher values due to the manufacturer's conditions.
I. L.N. Águas guarantees to the consumer the restoration of the conformity of the good with the contract without charges to the Client, when the lack of conformity manifests itself within a period of 2 years, counting from the date of delivery of the good.
II. The warranty period may be extended, in cases where the manufacturer grants it, and the Customer must comply with the warranty certificate accompanying the item.
III. When claiming a warranty, the Customer must provide proof of purchase, mentioning the serial number of the equipment involved.
I. L.N. Águas owns the materials or equipment supplied until the full payment of the invoiced amount by the Customer, the latter being invested with the responsibility of a faithful depositary of the products sold until the total fulfillment of the obligations assumed by him.
II. When payment in installments has been agreed, the non-payment of any installment implies the maturity of the installment and the entire debt and determines the loss of the amounts already settled, granting to L.N. Waters the right to demand immediate delivery of the material or equipment sold.
III. Failure by the Customer to pay the installments or invoice issued requires the Customer to repay to L.N. Waters, in the 8 days following the due date of the installment or invoice, the materials or equipment that it holds as a loyal depositary.
IV. Failure to return it under the terms of the previous paragraph gives rise to L.N. Waters take over, at any time, the materials or equipment provided, wherever they are, at the cost of lifting, transporting and depreciating them at the Client's own risk.
I. In the event of a dispute, pursuant to Law No. 144/2015, of 8 September, the Customer, if a consumer, may resort to an Alternative Dispute Resolution (RAL) entity.
II. The territorial competence of the RAL entities, for each district of the country, can be consulted at the commercial establishment where the commercial transaction takes place or on the L.N. Waters: www.lnaguas.pt.
III. Any of the Parties may also subject the resolution of conflicts arising or related to this contract, to the competent courts, with the jurisdiction of the district of Lisboa Oeste being defined as the competent court, with waiver of any other.