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General conditions of Sale

GENERAL: The following general conditions of sale apply to all material in accordance with the provisions below. If not, the legal provisions that regulate it apply. The particular conditions of sale, if any, are subject to prior written agreement.

PROPOSALS AND ORDERS: Unless otherwise stated, the validity period for proposals is 30 days from the date of issue. The acceptance of programmed orders may exist by mutual agreement and assumes a commitment to pick up the material within a maximum period of 6 months from the date of order. All orders must be placed in writing and signed by the applicant. The technical documentation published on the web or accompanying the product is intended to describe the general characteristics of the equipment and is merely informative.

PROJECTS:  The Customer, at all stages of the project, is responsible for providing all the information necessary for the correct implementation of the solution. Our commercial proposal corresponds to the technical specifications contemplated in this document. FXautomation reserves the right to correct any errors that  this proposal contains. Any alteration to Your initially defined specifications will be analyzed and may undergo a possible technical and/or commercial correction. All services, solutions and products that are not specifically contemplated in this proposal are excluded. The work will begin, after acceptance of this proposal, on a date to be agreed and that serves the convenience of both parties. will only be  deliver the  project drawings when duly requested, specified in our proposal and considered in commercial terms.  All commercial and technical information (drawings, measurement results, tests, samples, proposals, prices, etc.) exchanged between the PARTIES must be used exclusively for the purposes of this supply, and may not be disclosed to third parties, directly or indirectly, orally or in writing or by any other means.

It is expressly established that this supply does not imply, implicitly or explicitly, the assignment of any title, license, copyright, trademark, patent or any other right, whether covered by an intellectual property right or not. If one of the PARTIES is interested in acquiring any license, this must be the OBJECT of an autonomous contract. The Party providing such information will remain the owner of all its rights (including copyright and the right to claim protection for industrial property rights, such as, for example, to file patents for inventions, utility models, etc.).

PRICES: Prices are indicated in Euro (€), and VAT is charged at the statutory rate. The Public Selling Price List (Recommended) is subject to change without notice. Prices are not subject to revision, unless any of the following events occur: 
- The order does not correspond to the entire proposal made. As an import material, those factors that are beyond FXautomation's control vary, such as customs duties, taxes and fluctuation of the currency in which the order must be paid, catastrophes, etc.

The parties may withdraw from providing the supplies and/or services indicated in the contract if, as a result of any of the reasons indicated, the final total price rises to more than 30% of the proposal initially presented and accepted. It should be noted that many products supplied by FXautomation contain components made of fluctuating price materials such as platinum, gold, copper and other precious or semi-precious materials.

DELIVERY TIME: The delivery period indicated in the proposal is valid from the date of receipt of the order, which are processed in FIFO. The delivery time is given in good faith. FXautomation is not responsible for damages or losses caused by delays in the delivery of material that may occur.

INVOICES: Invoices are issued on the date of delivery of the material to the customer, and a purchase order may be subject to partial deliveries.
Claiming the value of an invoice, provided it is submitted within 15 days, will suspend payment only for the portion or parcels object of the claim, the remaining amount being subject to collection within the payment period established in the invoice. In case of rejection of the claim, we reserve the right to add late payment interest at the statutory rate to the claimed amounts, starting from the deadline for payment of the invoice.

PAYMENT TERMS: In case of credit, the general payment terms are 30 days from the invoice date. In exceptional cases, other payment conditions can be established, including against delivery of material. The first order of a new CUSTOMER will always be provided against payment. FXautomation reserves the right to charge late payment interest at the highest interest rate prescribed by law and to take the necessary legal actions in order to defend its interests.

TRANSPORTATION: The transport of the goods is at the Recipient's expense and risk. The CLIENT has a complaint period of 15 days after receiving the material, so the non-complaint during this period presupposes the receipt of the material in good working condition.

EXCHANGES / RETURNS: Under applicable trade laws, THE CLIENT may exchange or return a product, unused, and in perfect working order and packaging, within a period not exceeding 15 working days after receiving it.

WARRANTY: All equipment is guaranteed against manufacturing defects, by the respective manufacturers, for twelve months following their delivery and communicated in writing to the supplier within 30 days after the defect is known. This warranty does not apply to defects caused by improper use, such as malfunctions caused by organs outside the equipment, connection errors, operating conditions and environments different from those described in the equipment manuals, or any modifications or manipulations carried out.

 

DISPUTES: Any dispute between the parties, arising from this contract, will be submitted to the jurisdiction of the District of Lisbon.

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