General conditions of Sale
These general conditions govern the contractual purchase and sale relationship established between M. T. Brandão, Lda., Hereinafter referred to as MTB, and the customers who may purchase any goods from it.
- Following the customer's expression of interest, MTB submits a tender.
- Once the proposal has been received, the customer will place their order to MTB by letter, fax or e-mail.
- When the customer is a legal person, the order must be in an official requisition signed by the competent administrators or managers.
- The contract between MTB and the customer is only considered concluded upon acceptance of the order.
- MTB only accepts orders whose sales prices and payment terms are in accordance with the proposal.
- Orders under € 300.00 will incur administrative charges, plus shipping.
- All electrical and electronic (EEE) equipment on the ANREEE list is subject to the eco-value charge of € 0.13 / unit.
- When placing your order, the customer is bound by these general conditions.
- The selling prices, the mode and the terms of payment are as set out in MTB's tender.
- To all referenced values is added VAT at the legal rate in force.
- When the customer uses a check, the price is only considered paid when the check is well collected.
- Ownership of the goods sold by MTB is not transferred to the customer until the full price has been paid, plus any interest due on late payment and / or compensation.
- If the customer does not make the payment on the due date, MTB will have the right to demand interest for late payment until full payment.
- In the event of default, the client shall pay MTB the expenses and charges arising from the judicial collection of the debt, including the fees due to the lawyer.
- When the customer delivers an amount that is insufficient to meet all debts to MTB, MTB is entitled to choose which, and to what extent, impute the payment made.
- When the customer delivers an amount that is insufficient to satisfy the price, the interest, the collection costs, the payment made will be successively charged to the collection costs, the default interest and, finally, the price of the good.
LOCATION AND DELIVERY TIME
- MTB will deliver the goods as stipulated in the proposal.
- MTB is not required to place equipment sold in the Laboratory or at a specific Production site. The goods will be delivered to the place indicated by the customer in the order.
- If the customer does not wish to have the goods delivered in full at one time, MTB will supply them as they become available.
- MTB is not liable for any delays in the delivery of goods caused by facts or circumstances not attributable to it, in which case no compensation is required from it.
RECEPTION AND EXAMINATION OF GOODS BY CUSTOMER
The onus is on the customer, when receiving the goods delivered by MTB:
- Counting the volumes and verifying if the quantity coincides with the one that appears in the waybill.
- Verify the good exterior look of the merchandise.
- Refuse to receive goods that suffer from damage that is externally visible, immediately informing MTB, by telephone 22 2216 73 70 or by e-mail: email@example.com
RETURN OF DEFECTIVE GOODS
- Provided that the customer has fulfilled the obligations set forth in the previous condition (“receipt and examination of the goods by the customer”), and furthermore, wishes to return them within 48 hours of delivery to MTB if damage to property shall return to it.
- MTB is not responsible for the fact that equipment does not meet customer expectations, either from an application point of view or from a specifications point of view.
RETURN OF GOODS DEPENDENT ON MTB'S WILL
- Except as provided in the previous condition, MTB, on a case-by-case basis, may, at its discretion, accept requests for the return of goods already delivered, provided that the customer requests it within 48 hours, from receipt, to the SAC (Customer Service - firstname.lastname@example.org; telephone number 22 616 73 70).
- When MTB accepts the customer's request, it is the customer's responsibility to return the goods to MTB's premises, at the customer's risk of perishing or deteriorating.
- In the returns provided in this condition, the customer is required to pay € 20.00 for components and € 80.00 for equipment, for administrative expenses and repackaging of goods.
INSTALLATION OF GOODS SOLD
- The installation of the goods sold is carried out in accordance with the stipulated in the proposal.
- Any construction works that are necessary for the installation of the well, such as drilling wells, holes, ducts and others, are the sole responsibility of the customer.
- MTB is not liable for damage unintentionally caused during assembly / installation.
- All equipment supplied by M.T.Brandão is warranted to function properly for a period of one year from the date of invoice.
- For Metrohm equipment the warranty is 3 years, whenever maintenance is contracted with our Technical Assistance Service during the warranty period.
- If the manufacturer grants a higher warranty, this will be the one applied.
- For lamps, crystals and optics the warranty is 90 days.
- The warranty on any equipment covers only defects that manifest during this period and only entitles you to the replacement of parts with manufacturing defects, including the value of the labor used. Travel and accommodation costs will be billed at the prevailing rate.
The warranty on any equipment does not cover the normal wear and tear caused by its use over time, nor the following points:
- Repair of damage caused by any type of accident or force majeure;
- Incorrect connections or misuse by the customer;
- Deficiencies in the electrical installation or its supply;
- Intervention / redress by persons outside MTB;
- Installation of accessories and consumables not supplied by MTB;
- Software reinstallation or data recovery.
- Any and all malfunctions occurring within the warranty period that are the responsibility of the customer will be debited upon budget and acceptance.
- In accordance with Decree-Law No. 174/2005 of 25 October, on the management of Waste Electrical and Electronic Equipment - WEEE, MTB is registered with ANREEE (National Association of Waste Electrical and Electronic Equipment) under the PT001264 and joined Amb3E as a “user”; thus transferring the responsibility for WEEE management to the Amb3E management entity.
- Now the customer wishes to dispose of any equipment sold by MTB, he must communicate it by fax or email to email@example.com so that at no cost from the customer, it is withdrawn.
APPLICABLE LAW AND COURT OF JURISDICTION
- The contract between MTB and the client is subject to Portuguese law, whether it concerns domestic or international transactions.
- The settlement of any questions regarding the validity, interpretation or execution of the contract between MTB and the client is the exclusive competence of the District Court of Porto, with express waiver of any other.