Any delivery of goods and services by BILION as the seller to the customer shall be subject to the Terms and Conditions set forth herein to the extent no other agreements have been explicitly made. The customer’s general terms and conditions that are inconsistent with the Terms and Conditions set forth herein shall only be applicable to the extent BILION has explicit approved in writing.
- Pricing
- All prices are quoted as net prices (EXW – Incoterms 2010) and do not include value added tax, or any other aplplicable tax which is to be paid additionally by the customer in the amount specified by applicable law.
- Offers and quotation
- All prices offer or quotation are valid for a period of 15 days or otherwise stated and written upon agreement between BILION and the customer.
- Orders
- By placing an order trough any of the available channels, the customer is implicitly giving his agreement to the present terms and conditions of sale wich prevail over the any purchasing policy in rule, unless agreed, stated and written otherwise.
- Order cancellations, quantities or raw material modifications introduced by the customer during the agreed period of order execution will be subjected to BILION’S analysis and approval and may imply additional payments for products or services previously contracted by BILION to its suppliers specifically for the fullfilment of the customer’s order.
- In case of disproportional request/order from the customer in regard to his usual purchasing pattern, BILION reserves the right to demand an advanced payment or provision of payment compliance guarantees
- Delivery time
- Stated delivery time are only valid after reception of a formal and written order which is considered valid after the settlement of any disagreement regarding the present terms and conditions of sale or any other terms agreed and written by BILION and the customer.
- Whenever the agreed terms require advance payment, the given delivery time is counted from the date of such payment receipt.
- Reception of goods
- The customer is obliged to proceed to the immediate verification of the delivered goods, verifying its conformity either with the bill or invoice which travels with the goods, or with its own order record, and must immediately report any discrepancy found. All complaints must be substantiated and received within 8 working days after receiving the goods.
- Transport
- Unless otherwise expressly agreed, shipment shall always be carried out at the customer’s risk. The risk shall pass to the customer as soon as the goods have been handed over to the person executing the shipment.
- If a shipment is delayed for reasons to be attributed to the customer, the risk of accidental deterioration, loss and destruction shall pass to the customer on notification of BILION’s readiness to ship. Required storage costs after passing of risk shall be borne by the customer.
- Payment
- Delivered goods shall fully remain property of BILION (goods sold subject to retention of title) until all receivables, on whatever legal grounds, have been fully paid up.
- For sale under 100€ (VAT included) the payment is to be made upon delivery.
- For sales over 100€ (VAT included), the particular payment terms agreed between BILION and the customer are in force.
- BILION reserves the right to suspend the fullfillment of any pending order whenever the customer does not comply with the agreed payment terms.
- The agreed payment terms and conditions may be revised at any time in case the customer fails to comply with its payment obligation, or if BILION is aware of changes in the customer’s financial or legal conditions.
- In case of late payment, BILION reserves the right to demand interest from the customer for late payment.
- Returns
- Providing errors in the execution of the order, the return/exchange of goods is only accepted with prior agreement between BILION and the customer and after checking the status of the returned goods. The return/exchange of goods that, despite being in working order, show having been used or manipulated, is not accepted.
- The returned goods must be accompanied by a return slip which must mention the number of the delivery note or invoice and the reason for the return.
- The returned good will be credited with a devaluation of 15%, unless otherwise stated and agreed. The amount credited remains in the customers current account to be deducted from future payment obligations.
- Warranty
- All the goods supplied by BILION have a 1-year warranty for manufacturing defects, the exchange of the defective goods being dependent on internal analysis or shipping to the manufacturer, in case of doubt.
- Upon confirmation of existence of the manufacturing defect, BILION ensures the repair or replacement of the defective goods, in whole or part, as necessary to restore its proper functioning, rejecting any liability for any collateral damage claimed by the customer.
- All the products sold and supplied by BILION have been developed for use with sectional doors exclusively. Improper use or application of the parts will void the warranty.
- Governing Law and Jurisdiction
- Any dispute or litigation related to the present General terms and conditions of sale shall be governed by and construed in accordance with the law of Portugal and the parties hereby submit to the exclusion jurisdiction of the portuguese courts.