In the absence of written agreement on our part, these general conditions of sale prevail over all contrary provisions. UDEX S.A does not sell directly to the public.
1.1. - The prices contained in our proposals and price lists may be subject to possible adjustments whenever there are unforeseeable and uncontrollable changes in origin prices, freight and insurance, currency parity or any other variables that cause changes in prices.
1.2. - Our prices are always tax-free and are considered when leaving our warehouses or warehouses. All taxes in force at the time of invoicing (VAT) are added to the prices deducted from all discounts, which are borne by the buyer.
1.3. - The goods will be invoiced at the price in force on the date of the order.
1.4. - Our sales prices may be changed by simply notifying the buyer. The new prices will apply to all orders pending delivery on the date of the change. If the buyer does not accept the new price, he may cancel the order with written notice within 8 days of the date of notice. After this period, it will be understood that you fully accept the new conditions.
2. PRICE LISTS, CATALOGS, PROPOSALS AND ORDERS
2.1. - The information, which we provide verbally and as a guide, both with regard to prices, models, dimensions, images and characteristics, as well as specifications and budgets, is free of any commitment and does not oblige us to keep it and can be modified without early warning.
2.2. - The proposals are always and for all purposes, conditioned to our subsequent acceptance, in writing, of the corresponding order.
2.3. - Orders must be made in writing, otherwise they will not be considered valid.
2.4. - Orders will be invoiced at the price in force on the date of order, whenever the order is placed within the validity period of 8 days. If not, a new quote will be sent.
2.5. - Orders are accepted on the express condition that we reserve the right to modify models, images, technical data, prices, increases and discounts, upon prior notice to the buyer. Orders that are pending on the date of a possible change in the sales conditions will be executed under the new conditions, it being understood that in these circumstances customers have the right to cancel such orders in writing within 8 days following the date of notice. prior.
2.6.- Any condition requested by the buyer that does not conform to our general conditions of sale is considered null and void, unless we accept it in writing.
2.7.- Orders cannot be canceled when:
- 3 days have passed since the order date.
- In the case of products of special manufacture, and the same has already started.
- If you have shipped the goods
2.8. - We reserve the right to cancel orders pending delivery when the buyer has not fully or partially fulfilled previous contracts.
2.9. - The prices and conditions shown in the catalogs are valid during the period of validity, except for printing or typographical errors.
3.1. - The delivery deadlines that are verbally indicated will always be understood without commitment, so they must be reduced to writing.
3.2.- Circumstances that fall outside the control of Udex, or our suppliers, namely manufacturing accidents, strikes, governmental constraints, and in short all causes of force majeure, and make it difficult or impossible to supply, release Udex of its contractual obligations during the duration of the causes of force majeure and the extent of its consequences, allowing the suspension or cancellation of customer orders, without any liability for the direct or indirect consequences that may result.
In relevant situations, the buyer will be informed, as soon as possible, about the start and end date of the impediments.
3.3.- The transfer of risk takes place when the goods are delivered to the carrier or freight forwarder or, at most, when the goods leave the factory or warehouse. All goods travel, without exception, at the risk and expense of the buyer, regardless of the route used. Unless otherwise agreed, or otherwise indicated in the special conditions of each product, we do not assume the risks of transport, which will be entirely borne by the buyer, even when damage and deterioration during transport are due to fortuitous event or force majeure. . The fact that UDEX S.A contracts the transport of the goods and that, in some cases, a bonus is granted to their price, does not imply the cancellation of the previous clause nor the acceptance by us of the risks thereof.
3.4. - The goods are shipped packed with the usual packaging, or in accordance with our catalogue. For packages at the buyer's request, the corresponding prices will be charged.
3.5. - We do not accept the return of our packages as they are non-returnable.
4.1. - Payment of the price of our goods must be made in cash at our offices in Maia, unless credit is granted to the buyer. In this case, it will be carried out within the period or periods expressly stipulated.
4.2.- Payments must be made under the conditions stipulated by UDEX S.A, or in the absence of an indication under the terms defined by Decree-Law No. cool. If the buyer does not settle his invoices within the established due dates, he is subject to the payment of late payment interest and the corresponding premium, if the currency has depreciated.
4.3. - If, prior to the execution of all or part of an order, facts or circumstances arise or become known that give rise to a well-founded fear that the buyer will not fulfill his obligation to pay the price, delivery of the goods may be suspended if the buyer does not anticipate payment and/or guarantee it within the agreed period.
4.4. - The goods invoiced are our property until full payment.
5. COMPLAINTS AND RETURNS
5.1.- Whenever the goods are delivered by our transport, complaints must be made in the presence of our driver and duly indicated on the invoices, or documents accompanying the goods during transport. If it is not possible to verify the order upon receipt, a claim for the product can be made within 8 days from the delivery of the product.
5.2. - We are not responsible for the dispatch of goods, nor for anomalies caused by the carriers. The return or exchange of material will only be accepted, up to 8 days from the date of delivery of the goods and it must be new, properly packed in the original box and without missing parts. We will not accept any further claims.
5.3. - Returns are not accepted, unless expressly authorized by Udex in writing. Transport and packaging expenses and costs are borne by the buyer. The material must comply with point 5.2.
5.4. - In case of return, the price paid by the customer will be deducted by a percentage of 10% referring to reception and testing expenses.
6.1. - Our products, as long as they are used under normal conditions and installed in accordance with the regulations in force, are guaranteed against all manufacturing defects for a period of 12 months from the date they leave our warehouse. In order to benefit from this guarantee, it will be necessary, in each case, to accept the defect by our Technical Department, and the defective products must be sent to our warehouse. Our warranty only covers replacement of accessories. Does not include replacement of gas, freon, filters, labour, welding and displacements. Under no circumstances can we be held liable for damages caused by your defect, directly or indirectly. It only covers manufacturing defects. Never malfunctions caused by deficiencies in water, electricity or installations independent of the former. Costs, shipping, packaging, etc. arising from warranty repairs are at the customer's expense.
6.2. - Not included in the warranty:
- Lamps, diodes, valves, transistors, glass, plastics and other breakable parts, electrical parts, electronic parts, resistors, motors, etc.
Situations in which the guarantee cannot be demanded:
1 – Whenever the device is not used according to the way of use.
2 – If the nameplate is torn off or modified.
3 – If the device is modified.
4 – When its malfunction is due to abuse, external causes (incorrect voltage values, atmospheric discharges), exposure to the weather, etc.
5 – If the device is delivered to us without components.
6 – Failure to comply with the contract (by the buyer).
7 – When the above mentioned in point 5.2 of our general conditions of sale is not respected.
7. OWNERSHIP OF THE GOODS
7.1. - In the event of payment of the price in instalments or agreement for payment on a date subsequent to the actual delivery of the goods, UDEX, S.A. reserves for itself the right of ownership of those same goods until the respective price is fully paid. In the event of non-payment of the price on the due date(s), and after termination of the contract, UDEX, S.A. reserves the right to proceed with the collection of the traded goods, without the need for further interpellation.”
7.2. - For all matters arising from the contract, the parties recognize the Portuguese Courts as competent, with express waiver of any other jurisdiction.
8. No employee, agent, vendor or representative of the company is authorized to change or cancel any of the conditions indicated herein which can only be modified by agreement of our company, confirmed in writing.