I. GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to all sales made by ZEMBE – DISTRIBUIÇÃO E SOLUÇÕES DE MATERIAL ELÉTRICO, Lda. (ZEMBE, Lda.) and are fully accepted by the Client under the terms and conditions set forth herein.
II. COMMERCIAL TERMS
The sales prices, which imply the Client’s acceptance of these general conditions, are those listed in the price tables in force on the date of supply, including in the case of:
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Orders placed prior to the date of supply;
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Supplies based on a specific proposal containing a price indication, even if such proposal remains valid at the time.
The granting of credit is always subject to a prior written request by the Client using the appropriate form and shall only be effective after approval by ZEMBE, Lda.
Following the above-mentioned approval, an initial credit limit and a payment term will be established on a case-by-case basis.
ZEMBE, Lda. may, at any time and without prior notice, suspend credit-based supply or change the granted credit limit.
ZEMBE, Lda. regularly reassesses credit terms for each Client, which may result in the suspension of credit-based supplies already quoted and/or ordered, should the Client’s financial situation at the time of supply not allow, under the established conditions, the continuation of credit-based transactions.
The quotation of materials, services and/or other electrical solutions is generally free of charge for Clients with an active account (i.e., invoiced in the past 12 months), with any applicable charges being communicated in advance.
Reels used for packaging electrical cables are charged according to the price list in force at the time of cable supply.
III. ACCOUNT TERMS
The payment terms and related financial discounts for Clients with an active account are as follows:
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Payment within 5 days of the invoice date …… 2% discount;
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Payment after 31 days from the invoice date …… No discount.
If payment is not received within 15 days after the agreed due date stated in the invoice or equivalent document, ZEMBE, Lda. reserves the right to pursue all legal means available for the collection of the amounts due.
Failure to comply with agreed payment terms will result in the Client being liable for default interest at the legal rate in force until full payment is received.
Until full payment is made, ZEMBE, Lda. retains ownership of the goods delivered, and the Client is deemed to be the custodian of said goods.
The Client has 30 days to inspect any material samples received; if the sample is not returned within that period, the corresponding invoice will be issued.
The Client is solely responsible for any damages resulting from the failure to notify ZEMBE, Lda. in writing of changes to any commercially relevant data previously provided.
ZEMBE, Lda. may require the Client to provide an appropriate and sufficient guarantee to secure the payment of goods already delivered and/or to be delivered. If such a guarantee is not provided, ZEMBE, Lda. shall be released from any obligation to deliver goods.
Any discount specified on the invoice is only valid for payments made within the agreed term as indicated in the “Due Date” field of the respective invoice.
Account terms may be reviewed periodically by ZEMBE, Lda., based on reassessment of the Client’s status that justified the previously applied terms.
IV. DELIVERIES
ZEMBE, Lda. will cover delivery costs to the Client’s address for orders exceeding €100 (one hundred euros) net value.
However, ZEMBE, Lda. reserves the right to charge delivery costs, regardless of order value, for urgent deliveries and/or those outside the normal delivery schedule.
ZEMBE, Lda. accepts no liability for damaged goods during transport if the Client does not note the existence and extent of such damage on the delivery document at the time of receipt.
Delivery times are indicative only; ZEMBE, Lda. shall not be held liable under any circumstances for delays in supplying goods.
V. RETURNS
Returns will only be accepted with prior consent from ZEMBE, Lda. and upon written request by the Client, using the designated form and stating the reasons for the return. Return transport costs are the Client’s responsibility.
Accepted returns are subject to a depreciation of no less than 10% of the amount indicated on the original invoice or equivalent document.
Returns will not be accepted for products that have been modified or custom-ordered for the Client.
Material returns will only be considered within 15 days from the date of dispatch from our warehouse and provided that the items are returned in the same condition as delivered, including packaging.
Cable reel returns are subject to a 20% depreciation and must be delivered by the Client to ZEMBE, Lda.’s premises.
Only reels in good condition and returned within 9 months from the date of the original dispatch document will be accepted.
VI. WARRANTY
ZEMBE, Lda. offers a warranty against manufacturing defects, valid for the periods legally in force at the date of sale. It is the Client’s responsibility to provide proof of the alleged defects and to present proof of purchase.
Works carried out at the Client’s request, under their guidance and specifications, are not covered by warranty unless otherwise agreed in writing.
The company shall not be responsible for any costs or expenses related to the dismantling, reinstallation, or reassignment of defective products during the warranty period.
VII. JURISDICTION
In the event of any dispute arising from the interpretation or application of these General Terms and Conditions of Sale, the courts of Lisbon and Faro shall have jurisdiction, with the express waiver of any other jurisdiction.