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GENERAL SALES CONDITIONS
1. PRIOR
CONDITIONS:
1.1. The general conditions of sale then mentioned are regulatory sales,
offers, complaints, deliveries and payments of the products marketed by Marcage
- Market Solutions, SA (hereafter designated only by MMS).
1.2. These conditions are in accordance with Portuguese law in force and
apply to all types of sales by MMS.
1.3. The term "Goods" includes chattels marketed by MMS and
also the services provided by MMS, where applicable.
1.4. The term "Purchaser" means any actual or potential client
which expresses intention to purchase to MMS.
1.5. Any changes to these conditions are only valid, if agreed in
writing, between the purchaser and MMS.
1.6. The purchaser acknowledges and accepts these terms and conditions
of sale, being in possession of a copy.
2. PRICES:
2.1. The prices shown in the price list in effect are Ex-Works.
2.2. The price list is valid for one year, reserving MMS the right to
change the list for following years.
2.3. The prices specified in the MMS list are liquid and without taxes
or customs costs.
2.4. Special discount for Agents, Retailers or Wholesalers.
3. ORDERS:
3.1. Applications for order should be made by the Purchaser in writing,
through e-mail to orders@marcage.com, should they be properly identified the
information of the Purchaser, and the goods that intends to purchase.
3.2. The applications for orders referred above are automatically
accepted and processed, unless otherwise information, in writing, by the
Finance Department of the MMS. After received applications for order by the
MMS, the purchaser cannot proceed to their cancelation.
3.3. All orders requested from MMS are subject to the commercial terms,
in force in the company at the time of the application.
4. STANDARD
AND CUSTOM GOODS:
4.1. The MMS, when is a customized product, is not responsible for the
quality of the images or its property rights, including photos, illustrations,
drawings etc, available in different media and they do not infringe the rights
of third parties. Therefore, the buyer should additionally ensure that MMS and
Paperflow won’t be object of any action or claim of any kind, and in particular
requests for compensation for damage or injury from fraudulent use of any image
that third parties may have done.
4.2. The manufacturing processes, design and image of the goods will
always be property of MMS partner (manufacture) and cannot be alienated or
subject to any license.
4.3. The special items cannot be returned for acts not attributable to
MMS.
4.4. The MMS reserves the right to further improvements and / or
modifications that considers necessary in standard goods, without prior notice.
4.5. The Design Tools allows the final product to be visualized on the
screen in 3D in the most faithful manner possible. Nevertheless, and due to
differences in media, a perfect match between the image approved using the
Design Tool and the final cupboard cannot be guaranteed. Likewise, this match
may especially vary according to the type of material used (the difference depending
on the composition of the cupboard), the quality of the image sent, the
adjustments of the screen by the Purchaser, etc.
5. TERMS OF
DELIVERY:
5.1. The delivery time is 2-3 weeks, Ex-Works.
5.2. The MMS is not responsible for delays in delivery of orders or
parts thereof, in cases where there is:
a) Lack of information necessary for the execution of the order;
b) Strike, lock-outs, other technical reasons, or other reasons
unrelated to MMS;
c) Grounds for force majeure independent of the will of MMS.
5.3. The delivery time may be extended if, for reasons unrelated to MMS,
cannot be comply, not yielding such situations the right with any compensation.
5.4. The transport of goods are not the responsibility of MMS.
6. COMMERCIAL
AND FINANCIAL CONDITIONS:
6.1. The invoice will always be issued in the name of the person natural
or legal which made the application order or another mentioned therein.
6.2. The MMS reserves the right to charge plus costs whenever requested
to issue the invoice on behalf of the person not previously mentioned in the
application order.
6.3. The goods will only be delivered after confirmation of credit into
MMS account.
7. PAYMENT
METHODS:
7.1. The purchaser shall make the payment within the period mentioned in
the invoice under the conditions of: 30% in advance by bank transfer to IBAN
mentioned on the invoice, and the remainder within 7 days before delivery date.
In the event that there are any kind of costs inherent in this form of payment,
the same will be borne by the purchaser. The Purchaser shall also send proof of
transfer to the MMS, by e-mail.
8. RETURNS /
COMPLAINTS:
8.1. Out of the cases where there is a lack of conformity of the goods
within the warranty period, within the meaning given by Decree-Law n. º 67/2003
of 8th of April amended by Decree-Law n. º 84/2008 of 21th of May, will only be
accepted returns recorded in writing within five days later to the date on the
invoice and only in cases where the reason for the return is due to facts
attributable to the MMS. Ended that period, the goods are deemed to be accepted
by the Purchaser for its purposes.
8.2. Return of goods claimed is the responsibility of the Purchaser,
should be made within the period specified in the preceding paragraph, upon
submission of the return note with the reference to the invoice number, and
exposure of the reason for the return.
8.3. The MMS is not responsible for any damages and / or defects of the
goods caused by neglect of the Purchaser, the failure or degradation of property
by misusing of cleaning materials for corrosive nature, and / or misuse of the
same face what is stipulated in the catalogue, user manuals and / or conditions
/ guarantee certificates in force available to the Purchaser when thus
expresses unequivocally.
8.4. The MMS reserves the right to not accept returns that are
unsolicited pursuant to this paragraph and not complying with the conditions of
compliance verified at the date of delivery to the Purchaser, namely, goods
which have undergone any type of use, transformation, damage and / or lack of
original packaging / accessories / add-ons.
8.5. Where the reason for the complaint / return is not the sole
responsibility of MMS, all costs related to the return will be borne by the
purchaser.
8.6. The MMS also reserves the right to not accept any returns due to
withdrawal / cancellation of order.
8.7 The MMS is not responsible for damage caused by shipping.
9. WARRANTY:
9.1. All goods of MMS are covered by a five year warranty, pursuant to
Decree-Law n. º 67/2003 of 8 April amended by Decree-Law n. º 84/2008 of 21
May, which period shall begin to run from the date of delivery of the goods.
9.2. The security referred to in the preceding paragraph covers only
manufacturing defects.
9.3. Excluded from the warranty all defects that notoriously result of
misuse, an improper or negligent use by the Purchaser, and all defects
resulting from fraud, third party action, of unforeseeable circumstances or
force majeure.
9.4. Notwithstanding the preceding paragraph are also excluded from the
warranty the defects that upon delivery of the goods, the purchaser has
knowledge or cannot reasonably ignore it.
9.5. The specific warranty terms will be defined in the document
attached to the invoice of the goods acquired.
10. SECURITY
DEPOSIT:
10.1. Whenever it deems it convenient, MMS reserves the right to require
security for ensuring accurate and timely fulfilment of obligations of the Purchaser.
10.2. The MMS may consider lost her favour security provided by
purchaser regardless of adjudication, in cases of non-compliance with legal
obligations contractual or pre-contractual.
10.3. It shall be released by MMS within 30 days counted compliance with
all contractual obligations by the purchaser.
10.4. All costs related to provision of security are the responsibility
of the Purchaser.
11. RANDOM
CASES OR FORCE MAJEURE
11.1. The MMS will not be liable if, by unforeseeable circumstances or
force majeure, in particular strikes or other collective labour disputes, be
prevented from fulfilling their obligations in the contract.
11.2. In the case of the preceding paragraph, MMS should communicate and
justify such situations to the purchaser as well as informing the foreseeable
period to restore the situation.
11.3. The MMS safeguard itself from possible typographic, photographic
errors and / or out of stock.
12. PROPERTY
RESERVE:
12.1. The goods shall remain property of MMS until full payment of them.
13.
JURISDICTION:
13.1. In the case of litigation between the MMS and the Purchaser shall
prevail the assumptions mentioned in the present General Sales Conditions.
13.2. For the resolution of any litigation arising from the contract
between the MMS and the Purchaser is stipulated in the forum District Court of
Vila Nova de Gaia with express resignation to any other.