General Conditions

GENERAL CONDITIONS OF SALE AND PROVISION OF SERVICES WITH EQUIAPARA, UNIPESSOAL LDA.

0. Scope of application

These General Terms and Conditions of Sale (“GTC”) are general, offer and/or performance provisions, as well as offers and orders related thereto, which the company EQUIAPARA, LDA. carries out for other companies, and shall apply to all sales, supplies, services, works and to traders or natural persons (the Customers).
These GTCs will be understood to be fully accepted by the Customers simply by placing an order or commission or accepting an offer.
Any relationship established between EQUIAPARA, LDA. and its customers is expressly excluded from any other general conditions which are different and which the customers may dispose of even when EQUIAPARA, LDA. Acceptance of any other general conditions requires the prior express written consent of EQUIAPARA, LDA.

1.Offers and orders

1.1 Offers or quotations from EQUIAPARA, LDA are only valid for the period stated therein.
1.2 EQUIAPARA, LDA, will take the greatest possible care to ensure that the descriptions, photographs, drawings and, in general, the information contained in the catalogues and on its website are accurate. However, unless otherwise agreed, these elements are merely indicative and approximate, and are therefore non-binding and no guarantee is given, so that it assumes no liability for any inaccuracies that may exist in its catalogues and website. EQUIAPARA, LDA. reserves the right to change the characteristics of its products at any time and under any circumstances.
1.3 Orders placed firmly with EQUIAPARA, LDA, by any means recognized in commercial and customs usage, including fax or e-mail systems, and which have been accepted by a similar procedure by this company, shall have the character of a contract and may not be subject to cancellation or return of the goods by the Customer, provided that the goods are in accordance with the contract, except with the express written consent of EQUIAPARA, LDA.
1.4 Damages and losses caused by the Customer’s refusal to take delivery of the goods that EQUIAPARA, LDA., SA makes available to him shall be borne by the Customer and he shall also be obliged, as compensation for damages caused, to pay 1% of the total value of the order if the order has to be cancelled after the material has been manufactured or imported or if it has been ordered from a third party.
1.5 EQUIAPARA, LDA. reserves the right to demand that the customer pay a certain percentage of the total value of the quote in advance as a deposit.
Returns:
1.6 If EQUIAPARA, LDA. accepts the return of material under the terms of stipulation 1.3 of these General Terms and Conditions, it shall be understood that this is always subject to the condition that the returned goods are in perfect condition. In any case, the goods to be returned will be returned upon request for acceptance by EQUIAPARA, LDA. and will be sent freight prepaid at the sender’s risk.
If the goods received are found to be in perfect condition within a period of no more than four days, EQUIAPARA, LDA. will pay the sender the amount of the invoice issued on the date of the first sale.
If all or part of the goods are in poor condition, the return will be rejected and the goods will remain at the sender’s disposal, who must remove them at their own expense within a period of no more than fifteen days. If the sender fails to do so within this period, EQUIAPARA, LDA. will regain full ownership of the goods and will be exempt from paying the sender the amount of the invoice in accordance with the provisions of the previous paragraph.

2. Pricing

2.1 The price shall be that indicated by EQUIAPARA, LDA. in the final quotation or general price list, if it is not subject to revision, as stipulated below.
2.2 The price will be subject to revision provided that:
a) The final order is placed in accordance with the quantity in the price list or quote.
b) In the case of exported materials, factors beyond the control of EQUIAPARA, LDA. vary, such as customs duties, taxes, applicable fees.
2.3 All taxes and duties that legally affect the sales transaction will be the sole responsibility of the Customer and will be added to the price of the product.
2.4 The prices refer to the material packaged in a standardized way and located on the premises of EQUIAPARA, LDA. or in the factory, unless otherwise stated in the quotation or price list. Transportation costs and special packaging are the responsibility of the Customer.

3. Building permit

The customer expressly assumes the obligation to apply for a building permit, at their own expense, in cases where this is necessary, and releases EQUIAPARA, LDA. from any liability if the installation is carried out without the corresponding permit.

4. Delivery time

4.1 The offer will indicate the estimated delivery time for the material, from the date of receipt of the firm order and payment of the deposit, if established. Unless otherwise agreed, it shall be understood that the delivery times indicated by EQUIAPARA, LDA. are merely indicative and therefore not essential, and the Company shall not assume any liability because of exceeding these times.
4.2 With the order, sufficient technical data must be provided to unequivocally define the goods to be supplied. If this is not the case, the delivery period will begin to run from the date on which the necessary technical data referred to has been received. EQUIAPARA, LDA. shall in any case have the power to terminate the contract if the Customer refuses to clarify the order data or to supply the necessary documentation or materials or if he fails to take any of these actions within a reasonable period after the order has been placed.
4.3. The delivery period will be established in each specific case in accordance with what is agreed between the parties verbally or in writing. EQUIAPARA, LDA. accepts no liability for events that could not have been foreseen, or that were foreseen, were unavoidable.

5. Delivery and transportation

5.1 Partial deliveries charged to an order may be made if agreed between the parties.
5.2 Goods sent to recipients from EQUIAPARA, LDA. premises will be covered by the general insurance required of the carrier under current legislation. Any defects or breakages in the packaging or the product must be recorded on the waybill to guarantee a subsequent claim against it, if necessary. At the customer’s express request, specific insurance may be taken out at the customer’s expense and with prior payment for each item transported.
5.4 The products are placed at the customer’s door, or at the nearest place where large trucks can access them, considering prohibitions or restrictions on approach, and the customer is responsible for moving the products from the point of unloading.
5.5 The goods and/or installations/works delivered by EQUIAPARA, LDA. will be regarded as the deposit of the person receiving them until the latter has paid 100% of the corresponding invoice. The Customer or lessor who, having received the goods, has not made full payment of the price of the goods, shall become the custodian of the goods sold and shall be obliged to keep and preserve them in accordance with the laws of the warehouse.
5.6 Transfer of risk: The risk of loss or deterioration of the goods shall pass to the Customer from the moment they are delivered or made available.

6. Warranty

6.1 The materials of the work carried out by EQUIAPARA, LDA. as well as the installations carried out by its staff, are guaranteed under the terms of the law, provided that the lack of conformity is the result of a material defect or incorrect installation. Under no circumstances will damage arising from pre-existing work and improper use or damage caused by animals be covered by the guarantee.
6.2 EQUIAPARA, LDA. guarantees its machines in accordance with the law against any manufacturing defects in their fundamental components, it being understood that such products will be in accordance with the contract provided there is no claim within fifteen days of delivery. Possible damage caused by animals is also not guaranteed.
6.3 Manufacturing defects covered by our guarantee must be reported to the EQUIAPARA, LDA. order processing department immediately after notification and, in any case, within the period of notice.
6.4 If EQUIAPARA, LDA. finds that the material supplied is defective, it will be repaired or replaced free of charge for the Customer and sent freight prepaid.
6.5 The choice of materials to be ordered is the sole responsibility of the Customer, although EQUIAPARA, LDA. has provided its cooperation through catalogues, circulars and information material of any kind. Our company therefore declines all responsibility for any incorrect selection.
6.6 The guarantee for the installations and equipment is valid if the Customer complies with the maintenance referred to at the time of delivery of the work/equipment.
6.7 Wood that has been exposed to the weather may show cracks. The guarantee does not cover painting, cracks, fungus or adjustments to doors and windows.
6.8. Mirrors are guaranteed for one year.
6.9 Upon delivery of the work with the customer’s acceptance, the customer must pay all outstanding amounts, unless otherwise stated in the quotation, and the guarantee can only be activated once all the amounts of the equipment for which the guarantee is to be given have been paid.
6.10. The guarantee only covers the equipment supplied and installed by EQUIAPARA, LDA, and the value of the guarantee may not exceed the value of the goods supplied.
6.11. In all contracts, orders or any type of supply made by EQUIAPARA, LDA. there will be no more guarantees than those referred to in this section.

7. Complaints

7.1 EQUIAPARA, LDA. shall only be liable for claims by its customers which are recognized by law, or which are set out in these provisions of the general conditions of sale and provision of services, or which are agreed in writing in each case.
7.2 Claims that may be made by the Customer regarding the quantity of the order or easily discernible external defects of the goods must be exercised within four days of receipt.

8. Invoices and payment

8.1. EQUIAPARA, LDA. may issue invoices against partial deliveries made against the same order.
8.2 Payment of invoices issued by EQUIAPARA, LDA. must be made in its favour, at its address in Golegã, via the natural or legal person entitled to receive it.
8.3 Invoices will be issued on or after the delivery date and paid within 8 days of the invoice date by electronic bank transfer to the account and in the currency indicated on the invoice. Any questions must be addressed to EQUIAPARA, LDA. in writing within 10 days of receipt. EQUIAPARA, LDA. may require payment to be made prior to delivery.
8.4 Payment will be made after the goods have been made available to the Customer and delivered or in accordance with the payment terms accepted by the parties. By express agreement of both parties, deferral of payment for the goods may be established in writing; in this case, the provisions of stipulation 5.5 of this document shall apply in full.
8.5 If the Customer declares (or there is a possibility of declaring) Insolvency or fails to pay any amount by the due date, EQUIAPARA, LDA. may (within the limits permitted by applicable law), without incurring any liability, suspend delivery or performance of any Order (or any part thereof or instalment) not yet fulfilled and refuse to accept any subsequent proposed orders from the Customer.
8.6 To the extent permitted by applicable law, the Customer shall pay all amounts due in full without any deduction, set-off, counterclaim or withholding, unless a tax deduction or withholding is required by law (in which case the Customer shall pay such amount, ensuring that EQUIAPARA, LDA. receives the invoiced amount in full). EQUIAPARA, LDA. may, at any time, without limiting any other rights or remedies, set off any amounts owed by the Customer against any amounts payable to the Customer and shall be entitled, at its discretion, to set off payments received from the Customer against any outstanding invoices in order of EQUIAPARA, LDA.’s preference.
8.7 Late payment for goods or equipment purchased or services rendered shall constitute the Customer’s obligation to pay interest on arrears at the statutory rate due to EQUIAPARA, LDA. This interest shall be calculated daily from the due date until actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amounts and all costs and expenses incurred by EQUIAPARA, LDA. due to the collection of these amounts from the Customer.

9. Electronic sales

9.1 The conditions of sale described in this section govern the contractual relations between EQUIAPARA, LDA. and any user registered on the https://www.equiapara.com/ website, whose personal details are those entered by them on the order form.
9.2 The order placed by the customer is a reservation request for the product or products selected. EQUIAPARA, LDA. will submit this reservation request for verification to contact the customer at a later date to submit the data and confirm the order.
9.3 The customer has the right to revoke the requested order within fourteen days of receipt, with prior notice to EQUIAPARA, LDA. within this period so that the return channels can be established, with a refund of the price they would have paid for it, from which any transport costs incurred in delivery must be deducted. If this right of withdrawal is exercised, the costs of return and transportation, as well as any damage to the product or goods, will be borne by the customer. EQUIAPARA, LDA. is not liable for returns of products handled by the customer, nor for goods that are incomplete in their main and accessory elements. The right of withdrawal shall not apply outside the period indicated.
9.4 The value of the products will be paid by any of the following means:
– Credit / Debit Card.
– Bank transfer.
– Paypal.
9.5 The delivery period for the products will be a maximum of ten days from the time when the total amount, expenses and applicable taxes have been collected. If the product has to be ordered from EQUIAPARA, LDA.’s suppliers, the delivery period will start to run from the moment the goods are received in EQUIAPARA, LDA.’s warehouses.

10. Protection of personal data

In accordance with the provisions of current regulations on Personal Data Protection, we inform you that your data will be incorporated into the processing system owned by EQUIAPARA, LDA. with VAT number 504293265 and registered office at Rua Carlos Relvas 24, 2150 Golegã to send you a quote, delivery note or invoice. In accordance with current regulations, we inform you that the data will be stored for the legally established period.
You are informed that your data will be communicated, if necessary, to public administrations and all entities with which communication is necessary, to fulfil the provision of the service. Failure to provide the data to the entities means that the services cannot be provided.
EQUIAPARA, LDA. will process the data in a lawful, fair, transparent, appropriate, relevant, limited, accurate and up-to-date manner. This is why we undertake to take all appropriate measures to ensure that any inaccurate data is deleted or rectified without delay. Customers may exercise their rights of access, rectification, restriction of processing, deletion, portability and opposition/withdrawal, under the terms established by current data protection regulations, by sending their request to the above-mentioned address or to the e-mail equiapara@equiapara.com. They may contact the competent supervisory authority to submit any complaint they deem appropriate.

11. Liability

11.1 Subject to clause 11.3, EQUIAPARA, LDA. shall under no circumstances be liable to the Customer for civil liability in contract or tort (including negligence), breach of statutory duty, or otherwise, for loss of third parties, loss of profit, loss of production, loss of business or loss of opportunity and/or indirect or consequential loss, or special or punitive damages, arising out of or resulting from the supply of the Articles and/or the Contract.
11.2 Subject to clause 11.3, the total liability of EQUIAPARA, LDA. to the Customer in respect of all losses arising out of or resulting from the supply of the Equipment and/or the Contract, whether civil liability in contract or tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid for the Articles which are the subject of such action, dispute or claim.
11.3 Nothing in these terms shall limit or exclude the liability of EQUIAPARA, LDA. if and to the extent that such liability cannot be limited or excluded by law.
11.4 To the extent permitted by applicable law, EQUIAPARA, LDA hereby exonerates itself from liability for all losses, damages, obligations, claims, fines, costs and expenses borne or incurred or attributable thereto, arising out of or resulting from any claims or allegations of any kind by third parties to whom the Articles have been sold (or resold) following the sale to EQUIAPARA, LDA.
11.5 EQUIAPARA LDA is not liable for any damage that may occur on the way to deliver the materials, except for proven negligence on the part of the Driver, and it is the Customer’s responsibility to ensure the appropriate access.

12. Liability for defects

12.1 EQUIAPARA, LDA. warrants that after delivery, the Articles will conform in all material respects to the specification referred to in the Order or invoice in question (or, if not so referred to, the specification of the product in question in force at the time of delivery available to the Customer on request) (the Specification).
12.2 Notwithstanding clause 12.1, it is the Customer’s responsibility to ensure that the Articles are fit for purpose and tested before use. EQUIAPARA, LDA shall have no liability to the Customer in this respect.
12.3 Any material non-conformity with the Specification (defect) must be reported to EQUIAPARA, LDA in writing within 30 days of becoming aware of the defect and at the latest within six months of the Delivery Date. EQUIAPARA, LDA shall be given a reasonable opportunity to inspect the Articles and the Customer shall, upon request, return these Articles to EQUIAPARA, LDA at EQUIAPARA, LDA’s expense.
12.4 Subject to clause 12.5, if a justified defect has been validly reported to EQUIAPARA, LDA, the latter shall, at its discretion, exchange or refund the price of the defective Articles. To the extent permitted by applicable law, this shall be the Customer’s sole and exclusive liability in respect of any defect.
12.5 The remedy provided for in clause 12.4 shall not apply if:
a) the Customer has used, altered or processed the Articles, or combined them with any other product or substance.
b) the defect is due to any reasonable wear and tear, intentional damage, negligence or abnormal operating conditions.
c) the Articles differ from the Specification because of changes made to comply with applicable laws or regulations; the Articles are not properly handled, transported, stored or maintained after delivery (including during transportation to the Customer’s premises at the Customer’s risk).
d) the Articles are contaminated after delivery.
e) the Customer makes any further use of the Articles following a defect.
f) the Customer has sold the Articles; and/or the defect arises from a consequence of the EQUIAPARA, LDA. following any specification or other demand from the Customer.
12.6 If the alleged defect is related to damage during transportation (for which EQUIAPARA, LDA is liable), this clause 12 and the reporting periods contained therein shall apply, unless the Customer also complies in all respects with the carrier’s conditions of carriage regarding the reporting of claims (if any).
12.7 The Customer’s remedy for such loss or damage shall be limited to the remedy available from the independent carrier.
12.8 Except for the foregoing, all other express or implied warranties are excluded to the fullest extent permitted by law.

13. Force majeure

EQUIAPARA, LDA. shall not be in breach of the Contract, nor liable for any delay in performance or failure to perform its obligations due to a situation beyond its reasonable control, including interruption or failure of a public service or transportation network; force majeure, flood, drought, earthquake or other natural disaster; epidemic or pandemic; war or armed conflict, terrorist attack, riot or civil strife; nuclear, chemical or biological contamination; sonic boom; malicious damage; government action or intervention; compliance with applicable law; breakdown of plant or machinery; collapse of buildings, fire, explosion or accident; restrictions on energy supply; labour or trade union disputes, strikes, industrial action or workplace closures; authorization not granted; transportation or unfavourable weather conditions; and/or non-compliance by suppliers or subcontractors. If performance is significantly delayed by more than six months, either party may immediately terminate the Contract, without liability, after written notice.

14. Termination

14.1 Without prejudice to any other right or remedy, EQUIAPARA, LDA. shall be entitled to terminate the Contract and/or cancel any Order or performance immediately, after written notice, without liability, if: (i) the Customer fails to make a payment in full by the due payment date; (ii) the Customer otherwise breaches the Agreement; or (iii) to the extent permitted by applicable law, the Customer becomes Insolvent.
14.2. EQUIAPARA, LDA. shall at any time be entitled to terminate any Contract with the Customer and/or to cancel any Order or performance by giving the Customer at least seven days’ prior written notice. The Customer shall not be entitled to cancel an Order once it has been accepted, subject to clause 13.
14.3 Upon termination or cancellation, all invoices are due immediately and must be paid by the Customer, plus any applicable interest. The clauses that expressly and/or implicitly survive termination or cancellation shall remain in full force and effect.

15. General provisions

15.1 If any provision or part of a provision of a Contract is invalid, unlawful or unenforceable, it shall be deemed amended to the extent strictly necessary to make it valid, lawful and enforceable. If such amendment is not possible, the provision or part of a provision in question shall be deemed deleted. Any such amendment shall not affect the validity and enforceability of the rest of the Contract.
15.2. No failure or delay in exercising (or fully exercising) any right or remedy shall constitute a waiver or relinquishment of that or any other right or remedy, nor shall it prevent or restrict the subsequent exercise of that or any other right or remedy.
15.3 EQUIAPARA, LDA. may, at any time, with the consent of the Customer, which shall not be unreasonably withheld, assign, subcontract, transfer or otherwise negotiate all rights or obligations under a Contract. The Customer shall not assign, subcontract, transfer or otherwise deal with all rights or obligations under a Contract without the prior written consent of EQUIAPARA, LDA.
15.4 A person who is not a party to a Contract shall have no rights under it. Each Contract is concluded by the specific EQUIAPARA, LDA. entity referred to in the Order or determined by EQUIAPARA, LDA. in writing. The Customer shall have no rights to enforce the Contract vis-à-vis any other EQUIAPARA, LDA. entity and that entity shall have no liability towards the Customer.

16. Applicable law and jurisdiction

16.1 These terms and each of the Contracts and any disputes or claims (including non-contractual disputes or claims) arising therefrom or resulting therefrom, or their subject matter or form shall be governed by and construed in accordance with the laws of Portugal where EQUIAPARA, LDA. has its registered office. Each party irrevocably agrees that the courts of the district where EQUIAPARA, LDA. has its registered office shall have exclusive jurisdiction to settle any dispute or action (including non-contractual disputes and actions) arising out of or resulting from these terms and any Contract, or its subject matter or its formation. The United Nations Convention on Contracts for the International Sale of Goods is expressly and totally excluded.
16.2 Notwithstanding clause 16.1, EQUIAPARA, LDA. shall be entitled to bring legal proceedings or actions in any jurisdiction where the Customer resides and/or has its registered office.