01-01-2016
MIKFIL GENERAL SALES CONDITIONS
MIKFIL GENERAL SALES CONDITIONS
1 Enforceability OF GENERAL CONDITIONS OF SALE
Save the hypothesis, on time and by written agreement signed by both parties, to establish specific provisions or conditions, our sales are governed only by our ínsitas conditions herein, excluding the conditions of purchase and any other document issued by customer (the then provisions have no value or application in trade relations with our company without any formality). The order effecting or taking into possession of goods implies acceptance of these conditions, as well as any new order will fit this legal framework.
2 ORDERING
The entire order must indicate the customer's name, the date, item, quantity and prices. The customer's order is considered final after acceptance by the seller either by phone or by fax, email or any other form.
The orders made by the customer are your responsibility, and only the customer is knowledgeable about the final destination of the product and its conditions of use (which, in all cases, are ignored by us irrefutably). For orders placed from the documentation supplied by us both on paper and on CD-ROM, the information, images, photographs or newsletters are provided for guidance and are likely title change by manufacturers between two editions or in case of printing irregularity . All information shall not overlap or replace the control of references of the builders. In case of doubt it is imperative that we contact.
3 CHANGE BUYER'S SITUATION
When changing the buyer's situation, in particular in the event of death, pending obligations settlement (in judicial phase or extrajudicial), amendment of articles of association, change of ownership of shares, liquidation of assets, dissolution or any form of modification of the company, pending insolvency proceedings, we reserve the right, even after partial execution of an order, to require sufficient guarantees or cancel the order balance has not yet delivered, without the delay or cancellation of the order from the use this prerogative may be required in any liability.
4 DELIVERIES
Deliveries by the seller are made according to the tolerances of the manufacturer on all measured characteristics of the product and more particularly on the dimensions. The buyer being aware of this principle should check before any installation, the adaptability of the product delivered according to your need.
Except in cases of fraud or serious misconduct in order packaging, our products, even when delivered at home, always travel on liability and risk of the recipient, which should, in case of dispute, claim from the carrier to the receipt of merchandise. The complaint must be confirmed by registered letter with acknowledgment of receipt within three days of receipt of order. The dimensions and weights indicated on the invoices, delivery notes, waybills or packing list are indicative only and can not be relied upon receipt of merchandise.
5 COMPLAINTS
Delivery times are respected to the extent of our possibilities and only informed indicated without warranty from the seller.
Except in case of willful misconduct or gross negligence on our part, the delays in execution of the order, in any case justify the cancellation or payment of any compensation by the seller.
Complaints are only accepted if notified by letter within a maximum period of eight days from the date of receipt of merchandise.
All events that may affect the seller, its suppliers or their employees, presenting or not legal characteristics of force majeure or acts of God such as laboring stop, strike, lock-out, war, flood, fire, accident material, the total penury or part of products or services, occurring in local seller or its suppliers and which prevent full or partial execution of the order, suspend operation of law and without any formal obligations of the seller, and abrogate their responsibility .
6 PAYMENTS AND CLAUSE OF PROPERTY RESERVE
Our prices are understood against net payment to the receipt of the goods, unless agreed otherwise in writing and signed by the parties. Our invoices are settled in Grijó or the place where you will be transferred to our headquarters. Our company retains ownership of the goods sold until full payment thereof. Failure to pay may cause the obligation to refund the goods for the account and risk of the buyer. These provisions shall not prevent the transfer to the buyer of the risk of loss, damage or depreciation of goods sold from the delivery date. The buyer shall bear all legal and judicial expenses in legal action brought consequence due to the partial failure or permanent buyer. All billing or debit note not regularized at maturity will be subject to increase interest on late payments calculated at the bank base rate in effect at the time of billing, plus 2 percentage points in a minimum amount of 20 Euros for collection costs. Failure to pay a delivery authorize us to suspend deliveries and become chargeable value of special products, ordered, available or in the process of manufacturing. Failure to pay the salary becomes immediately due any and all other debt to be settled and the recovery of goods not regularized.
In case of recovery through court proceedings - and regardless of other rights and quantitative that may be compatible with the penalty clause established here - the amounts owed to the seller shall be subject to an additional 15% of its value at the date of filing in court, the title penalty.
In case of dispute, and for the purposes of art. 2 of DL 269/98, our home, is given the tone of this document and the buyer's home is what will be shown on the last page of these general conditions of sale.
7 PRICES AND MODIFICATIONS
Our prices are in effect at the time of receipt of the order for immediate delivery. Our prices are understood in our facilities, unless agreed otherwise in writing and signed by the parties. Our company reserves the right to modify without notice selling prices.
8 GUARANTEES
We guarantee the quality of our products against manufacturing defects during the period of use recommended by the equipment manufacturer and in any circumstances, a maximum of 12 months after the delivery date and whenever satisfy the following conditions expressed.
The guarantee disappears immediately and completely in case of a use does not comply with the technical specifications of the product or the customer to modify, repair or repair without our knowledge the supplied material. Before applying a visual check is required similarity with the replaced filter. All and any apparent defect is covered in full by the reception without reservation of the goods supplied. After applying a filter, the impermeability and the proper functioning of the engine must be controlled.
Seller is not responsible for the destination and or specific use of the goods provided that they have not been communicated in writing upon order placement.
Our guarantees, whatever their nature, are strictly limited to the replacement of admittedly faulty filters, and after its application to compensation for loss or injury directly caused by the defect of the product supplied, to the exclusion of any and all claims of immaterial nature, indirect or subsequent. The buyer is responsible for proof of fault. The ominous warning shall be communicated to our society, immediately after the occurrence. The defective filter should be sent to our home within 15 days accompanied by coach occurrence report.
9 MANUFACTURER OF DEFINITION
For manufacturer meant all finished product providers (filters) which are not output from the seller but which are marketed by us.
10 ACTION PRELIMINARY OBLIGATION DIRECTLY AGAINST THE MANUFACTURER
All legal proceedings or friendly complaint based on the defect in a product supplied directly and respecting the quality of manufacture thereof shall be mandatorily directed against the manufacturer of the defective product and its insurer. An action against our company may be brought only in the event of failure to comply with the manufacturer, and always under the responsibility of conditions described in the article "GUARANTEES". In case of non-compliance with this Article 10, the expenses incurred with our defense (eg lawyers, experts, solicitors) should be reimbursed in full.
11 ASSIGNMENT OF JURIDICAL COMPETENCE
The Portuguese law exclusively governs our sales, with the express exclusion of the Vienna Convention on international sales of goods as well as the exclusion of all conflict of law rules or other may lead to the application of provisions contrary to the Portuguese law.
Any dispute concerning or linked to any trade relations between seller and buyer on the interpretation of these conditions of sale shall be settled in the conventional forum here defined and that will always and exclusively the District Court of the headquarters of our society in the same way that in case of plurality of defendants or appeal the warranty. The entire order acceptance requires adherence without reservation to these general conditions of sale. These can not be modified by contrary stipulations appearing on customer purchase orders or the general conditions.
All copyright and other intellectual property rights in the text, images, software, audio and other contents of the site are the property of Costa Nunes & Costa, Lda.
It is allowed to search the site and play text extracts by printing or distribution to others. Prohibited the duplication of all the contents.
It is only allowed to use the site content for professional use. No part of this site may be reproduced for sale or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site either in electronic format, such as transfer to any other site.
No other license or site-related rights are granted without the express permission of Costa, Nunes & Costa, Lda.
MIKFIL GENERAL SALES CONDITIONS
MIKFIL GENERAL SALES CONDITIONS
1 Enforceability OF GENERAL CONDITIONS OF SALE
Save the hypothesis, on time and by written agreement signed by both parties, to establish specific provisions or conditions, our sales are governed only by our ínsitas conditions herein, excluding the conditions of purchase and any other document issued by customer (the then provisions have no value or application in trade relations with our company without any formality). The order effecting or taking into possession of goods implies acceptance of these conditions, as well as any new order will fit this legal framework.
2 ORDERING
The entire order must indicate the customer's name, the date, item, quantity and prices. The customer's order is considered final after acceptance by the seller either by phone or by fax, email or any other form.
The orders made by the customer are your responsibility, and only the customer is knowledgeable about the final destination of the product and its conditions of use (which, in all cases, are ignored by us irrefutably). For orders placed from the documentation supplied by us both on paper and on CD-ROM, the information, images, photographs or newsletters are provided for guidance and are likely title change by manufacturers between two editions or in case of printing irregularity . All information shall not overlap or replace the control of references of the builders. In case of doubt it is imperative that we contact.
3 CHANGE BUYER'S SITUATION
When changing the buyer's situation, in particular in the event of death, pending obligations settlement (in judicial phase or extrajudicial), amendment of articles of association, change of ownership of shares, liquidation of assets, dissolution or any form of modification of the company, pending insolvency proceedings, we reserve the right, even after partial execution of an order, to require sufficient guarantees or cancel the order balance has not yet delivered, without the delay or cancellation of the order from the use this prerogative may be required in any liability.
4 DELIVERIES
Deliveries by the seller are made according to the tolerances of the manufacturer on all measured characteristics of the product and more particularly on the dimensions. The buyer being aware of this principle should check before any installation, the adaptability of the product delivered according to your need.
Except in cases of fraud or serious misconduct in order packaging, our products, even when delivered at home, always travel on liability and risk of the recipient, which should, in case of dispute, claim from the carrier to the receipt of merchandise. The complaint must be confirmed by registered letter with acknowledgment of receipt within three days of receipt of order. The dimensions and weights indicated on the invoices, delivery notes, waybills or packing list are indicative only and can not be relied upon receipt of merchandise.
5 COMPLAINTS
Delivery times are respected to the extent of our possibilities and only informed indicated without warranty from the seller.
Except in case of willful misconduct or gross negligence on our part, the delays in execution of the order, in any case justify the cancellation or payment of any compensation by the seller.
Complaints are only accepted if notified by letter within a maximum period of eight days from the date of receipt of merchandise.
All events that may affect the seller, its suppliers or their employees, presenting or not legal characteristics of force majeure or acts of God such as laboring stop, strike, lock-out, war, flood, fire, accident material, the total penury or part of products or services, occurring in local seller or its suppliers and which prevent full or partial execution of the order, suspend operation of law and without any formal obligations of the seller, and abrogate their responsibility .
6 PAYMENTS AND CLAUSE OF PROPERTY RESERVE
Our prices are understood against net payment to the receipt of the goods, unless agreed otherwise in writing and signed by the parties. Our invoices are settled in Grijó or the place where you will be transferred to our headquarters. Our company retains ownership of the goods sold until full payment thereof. Failure to pay may cause the obligation to refund the goods for the account and risk of the buyer. These provisions shall not prevent the transfer to the buyer of the risk of loss, damage or depreciation of goods sold from the delivery date. The buyer shall bear all legal and judicial expenses in legal action brought consequence due to the partial failure or permanent buyer. All billing or debit note not regularized at maturity will be subject to increase interest on late payments calculated at the bank base rate in effect at the time of billing, plus 2 percentage points in a minimum amount of 20 Euros for collection costs. Failure to pay a delivery authorize us to suspend deliveries and become chargeable value of special products, ordered, available or in the process of manufacturing. Failure to pay the salary becomes immediately due any and all other debt to be settled and the recovery of goods not regularized.
In case of recovery through court proceedings - and regardless of other rights and quantitative that may be compatible with the penalty clause established here - the amounts owed to the seller shall be subject to an additional 15% of its value at the date of filing in court, the title penalty.
In case of dispute, and for the purposes of art. 2 of DL 269/98, our home, is given the tone of this document and the buyer's home is what will be shown on the last page of these general conditions of sale.
7 PRICES AND MODIFICATIONS
Our prices are in effect at the time of receipt of the order for immediate delivery. Our prices are understood in our facilities, unless agreed otherwise in writing and signed by the parties. Our company reserves the right to modify without notice selling prices.
8 GUARANTEES
We guarantee the quality of our products against manufacturing defects during the period of use recommended by the equipment manufacturer and in any circumstances, a maximum of 12 months after the delivery date and whenever satisfy the following conditions expressed.
The guarantee disappears immediately and completely in case of a use does not comply with the technical specifications of the product or the customer to modify, repair or repair without our knowledge the supplied material. Before applying a visual check is required similarity with the replaced filter. All and any apparent defect is covered in full by the reception without reservation of the goods supplied. After applying a filter, the impermeability and the proper functioning of the engine must be controlled.
Seller is not responsible for the destination and or specific use of the goods provided that they have not been communicated in writing upon order placement.
Our guarantees, whatever their nature, are strictly limited to the replacement of admittedly faulty filters, and after its application to compensation for loss or injury directly caused by the defect of the product supplied, to the exclusion of any and all claims of immaterial nature, indirect or subsequent. The buyer is responsible for proof of fault. The ominous warning shall be communicated to our society, immediately after the occurrence. The defective filter should be sent to our home within 15 days accompanied by coach occurrence report.
9 MANUFACTURER OF DEFINITION
For manufacturer meant all finished product providers (filters) which are not output from the seller but which are marketed by us.
10 ACTION PRELIMINARY OBLIGATION DIRECTLY AGAINST THE MANUFACTURER
All legal proceedings or friendly complaint based on the defect in a product supplied directly and respecting the quality of manufacture thereof shall be mandatorily directed against the manufacturer of the defective product and its insurer. An action against our company may be brought only in the event of failure to comply with the manufacturer, and always under the responsibility of conditions described in the article "GUARANTEES". In case of non-compliance with this Article 10, the expenses incurred with our defense (eg lawyers, experts, solicitors) should be reimbursed in full.
11 ASSIGNMENT OF JURIDICAL COMPETENCE
The Portuguese law exclusively governs our sales, with the express exclusion of the Vienna Convention on international sales of goods as well as the exclusion of all conflict of law rules or other may lead to the application of provisions contrary to the Portuguese law.
Any dispute concerning or linked to any trade relations between seller and buyer on the interpretation of these conditions of sale shall be settled in the conventional forum here defined and that will always and exclusively the District Court of the headquarters of our society in the same way that in case of plurality of defendants or appeal the warranty. The entire order acceptance requires adherence without reservation to these general conditions of sale. These can not be modified by contrary stipulations appearing on customer purchase orders or the general conditions.
All copyright and other intellectual property rights in the text, images, software, audio and other contents of the site are the property of Costa Nunes & Costa, Lda.
It is allowed to search the site and play text extracts by printing or distribution to others. Prohibited the duplication of all the contents.
It is only allowed to use the site content for professional use. No part of this site may be reproduced for sale or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site either in electronic format, such as transfer to any other site.
No other license or site-related rights are granted without the express permission of Costa, Nunes & Costa, Lda.
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