FAROMA Lda – GENERAL TERMS OF SALE
In the present general terms of sale, the “company” refers to the FAROMA Lda company and the “goods” refer to all articles sold by the company.
1 Application and Opposability of the General Terms of Sale.
The fact that a purchaser places an order implies full approval, without reservations of the latter, of the present general conditions of sale.
Orders are not definitive until they have been subject to written confirmation by the company. Any modification or cancellation of orders or parts of orders requested by the purchaser cannot be taken into consideration unless received by the company before manufacture of the goods and subject to written confirmation by our company.
3 Deliveries – Delays
Deliveries are only carried out according to availability and date of order arrival. The company is entitled to carry out partial orders.
The delivery dates and delays are specified by the company as accurately as possible but are subject to availability of supplies, initiation of goods manufacture and transport of the latter.
In all cases, delivery within appropriate delays cannot be carried out unless the purchaser is up to date with all obligations toward the company, regardless of cause.
Late delivery of goods does not give the purchaser the right to cancel the whole or a part of the order or to claim damages.
The company cannot be held responsible for the impossibility of delivery resulting from force majeure such as fire, natural disasters, strikes, work restraint or temporary stoppage, difficulties with subcontractors or suppliers. The occurrence of such events cannot give rise to any payments of compensation on behalf of the company.
4 Delivery – Place – Risks – Incoterms
Deliveries are made to the benefit of the purchaser and associated risks are transferred to the latter in accordance with the Incoterm held by both the company and purchaser at the time of placement of the first order.
Complaints lodged due to conspicuous defects or non-conformity of delivered goods with ordered goods or with the delivery slip must be stated in writing within eight (8) days following the arrival of goods. The purchaser is responsible for providing the company with all documentary evidence relating to the reality of the defects or irregularities noted.
6 Payment – Default or Delay
The company is entitled to cancel the whole or part of any order or suspend any delivery, without prejudice to other rights and recourse, in the following cases:
· In case of non-payment, on the settlement date, of any of the debts due by the purchaser to the company.
· In case of default, on behalf of the purchaser, to provide any bill of exchange or guarantee required by the company.
· If the purchaser reaches a state of insolvency.
In case of default or delay of payment, or, more generally, deterioration of purchaser credit, the company may subject deliveries laid down in any contract between itself and the purchaser to payment of goods in advance or to the obtaining of any guarantee it may demand for the payment of future delivery costs.
All payments made by the purchaser after the settlement day specified on the invoice and in the present general terms of sale give rise, following a futile previous formal demand, to payment, for the benefit of the company, of penalties equal to three times the legal interest rate in force on the day of current payment liabilities. Any invoice recovered by the legal department will be subject to a surcharge of an indemnity inclusively set at 15% of the sums due.
7 Guarantees – Scope
Goods are guaranteed against material and manufacture faults for a period of 20 days as from the date of availability. Any intervention relating to the guarantee cannot give rise to an extension of validity.
In case of complaints acknowledged, substantiated and admissible by the company, the purchaser may only claim product replacement, exclusive of any other indemnity, of any nature, namely for real or consequential damage or for income shortfall.
8 Guarantees – Exception
The guarantee does not apply to replacements which result from normal wear of goods, deterioration, damage or any other form of vandalism committed on the goods in the shop, or accidents resulting from negligence, poor maintenance and supervision, poor storage conditions, inappropriate installation or non-observance of company maintenance instructions.
9 Applicable Law – Disputes – Language
The present general terms of sale are subjected to Portuguese law. In case of dispute of any general nature or disputes relating to the forming or execution of an order, only the courts located within the competence of the company head office entertain jurisdiction. Nevertheless, as a plaintiff, the company may, at its own initiative, summon the purchaser before the courts under which it comes.
Terms established on the 1st/01/2019
Clause of Property Reserve
It is expressly agreed that the company will maintain property of the goods until full payment of the price, in principal and interest, as well as all debts due by the purchaser to the company, it being specified that the discount of bills or any other remittance creating a payment bond does not constitute a payment in itself. However, upon delivery of goods, the purchaser is held responsible for the above, the transfer of possession involving transfer of risks. The purchaser thus undertakes to apply for an insurance contract guaranteeing risks of loss, damage and theft of the goods.