These general conditions of sale regulate the commercial transactions established between the company MAGAL - SISTEMAS DE BOMBEAMENTO, LDA., NIPC 501.900.004 with registered office in Granja, 3100 - 343 Pombal, Portugal, hereinafter referred to as Magal and its customer and come into force immediately.

 

 

1. Scope of supply:

1.1. The scope of supply is determined by MAGAL's confirmation of the order or, failing that, by the customer's order form;

 

2. Tenders:

2.1. Tenders are valid for 30 days from the date of issue, unless otherwise stated in writing, accompanied by these general terms and conditions of sale and an order form;

 

3. Prices:

3.1. Prices are per unit and refer to the material made available at Magal's premises.

3.2 They do not include any taxes, in particular VAT or legal fees.

3.3 Prices may be altered without prior notice in relation to the Price List or, in the case of tenders submitted after the expiry of the validity period.

3.4. The prices contained in catalogs, tables and brochures are for information purposes only and are not binding, the prices contained in the proposals sent to the customer prevailing.

 

4. Orders:

4.1. Orders will only be considered valid when confirmed in writing to Magal.

4.2. Changes or additions to orders placed will only be valid once they have been accepted and confirmed in writing by Magal.

4.3. Cancellation of the order, change in quantities or quality of the materials ordered during the execution period may require payment of the materials and/or services that have already been ordered by MAGAL from its suppliers to fulfill the order, setting a minimum value of 25% of the order value.

 

5. Advances:

5.1. Magal reserves the right to demand an advance on the price when the order is placed.

5.2 The amount of the advance will be fixed on a case-by-case basis, depending on the Customer's risk analysis and the value of the order.

 

6. Delivery times:

6.1 Orders are subject to the availability of stock in the warehouse or the indication of a merely approximate delivery time, Magal providing the necessary and effective means to ensure that these are met with due punctuality.

6.2 Failure to meet deadlines for reasons attributable to third parties, natural disasters or calamities shall not entitle the customer to any compensation.

6.3 If the customer unilaterally postpones delivery of the material, they may be subject to a monthly storage fee of 5% of the order value.

 

7. Transportation:

7.1 In the event of delivery of the material to a location indicated by the customer, the risk of transportation shall be borne by the customer.

7.2 The costs of packaging and transport freight are borne by the customer unless they have been included in the overall sale price.

7.3 At the customer's express request, Magal may insure the shipment at the customer's expense.

 

8. Receipt of material:

8.1. The customer undertakes to immediately check the material delivered, verifying that it complies with the delivery note or invoice that accompanied the goods, or with its own order record, and must immediately report any discrepancies found.

 

9. Payments

9.1 The materials sold will only become the property of the customer once they have been paid for in accordance with the provisions of 758 of the Civil Code, with the customer being responsible as trustee of the material supplied until full compliance with the obligations assumed and becoming liable for any damage of any nature caused to Magal as a result of its loss or deterioration.

9.2 Payments shall be made by bank transfer, cash or any other net means, taking into account the limits on cash payments imposed by law and in accordance with the commercial terms of the invoice; payment shall be made at Magal's head office or at any other location indicated by Magal.

9.3 In the event of non-payment of the outstanding amount within the period indicated on the invoice, Magal reserves the right to demand interest on arrears from the customer in accordance with Decree-Law 32/2003, of February 7, plus 2%, if the approved payment conditions are not met. However, the rate of interest on arrears applicable to debts owed to the State will apply, if this is the penalty provided for in arrears.

9.4 Bank charges for the sale are always borne by the customer,

9.5 In the case of sales of less than €100, VAT included, the material will be sold with payment on delivery.

9.6 In the case of sales of more than €100, the payment terms agreed between Magal and the customer will apply.

9.7 The agreed payment terms may be revised if the customer fails to comply with any obligation towards Magal or if Magal becomes aware of changes in the customer's financial or legal conditions.

9.8 Magal reserves the right not to accept cheques as a form of payment.

 

10. Returns

10.1 Magal does not accept returns of any goods;

10.2 Acceptance of returns of goods is subject to verification of manufacturing defects under the conditions set out in points 11 and 12;

10.3 At its sole and absolute discretion, it may accept returns of current consumer equipment, subject to a deduction of 25% of the invoice value, provided that the product is packaged in its original packaging and in perfect condition and with all the documentation inherent to the material (manuals, certificates, etc.);

10.4 The value of the credit issued under the terms of the previous paragraph will remain in a current account for deduction from the payment for future purchases.

10.5 Returns of products out of their production cycle will not be accepted under any circumstances.

10.6 Returns of materials which, although in good condition, show signs of use will not be accepted.

 

11. Warranties

11.1 The statutory warranty regulations shall apply to our products. If the manufacturer/producer of the product grants a longer warranty period than that legally established, the warranty period granted by the manufacturer/producer shall be relevant.

11.2 The products that Magal sells are for professional use and the rules relating to such use will therefore apply, unless expressly stated otherwise.

11.3 The warranty does not cover alterations or repairs without Magal's prior written consent.

11.4 Repairs carried out under warranty are carried out at our premises, and transportation, disassembly and assembly of the equipment is at the customer's risk.

 

12. Complaints

12.1 Any complaints can only be considered if they are duly substantiated and presented in writing with the material at Magal's premises for analysis by the company's technicians or sent to the manufacturer within eight days of receipt of the material.

12.2 The Customer is responsible for the costs of transportation, disassembly and assembly for analysis.

 

13. Exclusion of liability

13.1 Magal shall not be liable for collateral damage caused to the Customer or third parties by material supplied, repaired or applied by its employees.

 

14. Immutability

14.1 These general terms and conditions of sale may only be modified with Magal's written agreement, and any contrary clauses contained in any documents, electronic communications, requisitions, order forms or catalogs shall be deemed unwritten.

 

15. Litigation

15.1 In compliance with its customer satisfaction policy, Magal will seek to resolve conflicts by consensual means; however, in the event of a dispute, the competent jurisdiction will be that of the District of Leiria.

 

16. Declaration of Acceptance

16.1. By placing an order, the Customer declares that he/she is aware of these conditions and accepts them without reservation.

16.2. The data provided by the Customer will be processed by Magal in compliance with the European Data Protection Regulation and it undertakes to use it only in the course of its business and in the commercial relations established.