General Conditions of Use (Ed. 06/02/2020)

1 - SCOPE OF SUPPLY

1.1. The scope of supply is determined by the acceptance of the order by SEW-EURODRIVE.

1.2. Any changes or additions to the order will only be valid after being accepted by SEW-EURODRIVE, in writing.

1.3. The prices and commercial and technical information contained in our catalogs and prices do not compromise SEW-EURODRIVE, which reserves the right to introduce in its equipment all changes in shape, size and material that it deems necessary, even if the engravings and descriptions appear about promotional and advertising materials. Only the quotas and technical characteristics specified in the Order Confirmation imply SEW-EURODRIVE's commitment.

1.4. SEW-EURODRIVE fully retains the industrial property of its studies, projects and drawings that cannot be communicated or used without prior written authorization.

1.5 The waste generated in the provision of Services at the Customer's premises is its sole responsibility, so the Customer will be responsible for managing this waste in compliance with the legislation in force.

2 - PRICES

2.1. The prices are understood for the material placed in the SEW-EURODRIVE facilities, with the cost of packing and freight being borne by the customer, when delivery is made at the place designated by the CLIENT, unless special conditions previously agreed.

2.2. Prices are expressed in Euros and are understood to be tax-free, which are always the CLIENT's account.

2.3. Prices and other information contained in catalogs, tables and leaflets are for information purposes.

Prices prevailing on the date of delivery prevail.

2.4. In the event of prolongation of delivery times due to the CLIENT's fault or due to changes in economic or other circumstances, SEW-EURODRIVE may make price adjustments.

2.5. The material proposed for immediate delivery, is understood except in the meantime sale.

3 - DELIVERY TIME

3.1. The delivery time is the one in the Order Confirmation once all the technical, commercial and financial conditions are satisfied, by the CLIENT, namely the advance payment has been made, when it has been agreed.

3.2. SEW-EURODRIVE reserves the right to make partial deliveries and to make those deliveries separately.

3.3. The period is considered extended for justified reasons, or force majeure, including, but not limited to: declaration of war, revolution, mobilization, even partial strike, closure or interruption of service in the warehouses, workshops or factories of the builders or their suppliers of raw materials resulting from fire, flood, machinery breakdown, strike, epidemic, interruption of communication routes, foundry defects, breakdown of important parts, poor results in preliminary tests, difficulties in the acquisition, transport or import of materials and generally for reasons beyond the control of the manufacturer.

3.4. The supply is considered fulfilled, provided that the CLIENT is informed that the goods are ready to be shipped.

3.5. Delivery delays cannot be invoked to claim compensation for direct or indirect losses, nor will they be grounds for terminating the contract.

3.6. Delivery times are subject to confirmation by SEW-EURODRIVE.

4 - TRANSPORT

4.1. The transport of the goods is always done at the CLIENT's risk and expense, even when SEW-EURODRIVE takes care of their shipment or at the request of the CLIENT, or the transport costs are included in the overall sale price.

4.2. At the customer's request, SEW-EURODRIVE can insure the shipment on behalf and on behalf of the CLIENT.

5 - INSURANCE AND RESPONSIBILITY

5.1. Without prejudice to the provisions of point 4., the CLIENT undertakes to take out insurance that covers damage to its personnel and to third parties and their assets.

5.2. SEW-EURODRIVE's liability is limited to its personnel, the scope of its supply and cannot exceed the value of this.

6 - PAYMENT

6.1. Payments must be made, net and in accordance with the conditions of the invoice, at SEW-EURODRIVE's address, or at one of the bank entities indicated by it.

6.2. If the customer does not pay the amount due within the period indicated on the respective invoice, he will be obliged, as a penalty, to pay SEW-EURODRIVE an indemnity related to the delay time, corresponding to the maximum legal interest rate, plus 2%.

6.3. Payments cannot be delayed under any circumstances, even in the event of a dispute.

6.4. Orders of less than 100 Euros, will only be accepted with cash payment on delivery.

6.5. Failure to pay may result in suspension of supply or termination of the contract at SEW-EURODRIVE's option.

6.6. SEW-EURODRIVE reserves the right to withdraw in cash, or at sight, for the amounts owed, upon maturity, without further notice, with all collection expenses and other charges on the client's account, even if the latter refuse to accept.

7 - PROPERTY RESERVE

7.1. The material will be the property of SEW-EURODRIVE until full payment for it, including other obligations resulting from the purchase, and the customer may not dispose of, encumber or damage it.

7.2. Until full payment, the goods cannot be given as a guarantee, pledged by third parties or sold.

7.3. The risk of loss or deterioration is borne by the CLIENT, from the moment the material is placed at the SEW-EURODRIVE premises at the CLIENT's disposal.

8 - RESPONSIBILITIES FOR DEFECTS

8.1. Unless otherwise stipulated, SEW-EURODRIVE grants a guarantee against manufacturing defects, within the characteristics expressly indicated, for a maximum period of 12 months, counting from the date of delivery and / or the date on which the material is available to the CLIENT , and the CLIENT must prove, in writing, the alleged defects.

8.2. SEW-EURODRIVE PORTUGAL gives a guarantee of 6 months after repair (against manufacturing defects of parts replaced during intervention). The guarantee does not apply to the replacement of parts or components or repairs that result from normal wear and tear resulting from the prudent use of machine parts, as well as from any deterioration or accident, no visits, lack of maintenance, lubrication or poor assembly of the equipment. The Warranty described here is not applicable in the event of failure to comply with our installation instructions, in particular with regard to connections, supply voltage and speed. Defects must be reported within a maximum of 30 days.

8.3. Substitutions or repairs resulting from abnormal use of the appliance, damage or accidents due to negligence and defective use of the material are not covered by the warranty.

8.4. Any liability of SEW-EURODRIVE for direct or indirect damages (lost profits), caused by the material supplied and / or by its assembly, maintenance or repair services, when due to misuse or maintenance by the customer or third parties is expressly excluded. .

8.5. The CLIENT is responsible for the damages that he or third parties may cause to the acquired goods.

8.6. The warranty of SEW-EURODRIVE is strictly limited, during the period of the same, to the free replacement, with the utmost urgency, in its installations, of any part recognized as defective due to material defect, defective construction or assembly. For this, defective equipment must be returned by the CLIENT to SEW-EURODRIVE's premises, without having been altered, unless written authorization. The CLIENT undertakes not to claim any compensation from SEW-EURODRIVE. The warranty does not apply to replacements or repairs that result from normal wear and tear on machine parts, any deterioration or accident, no visits, lack of maintenance, lubrication or poor equipment assembly. Repairing or replacing parts during the warranty period will not have an extending effect on the warranty period. SEW-EURODRIVE's warranty does not cover repairs to used equipment, unless expressly agreed. Failure to follow our installation instructions, in particular with regard to connections, supply voltage and speed, automatically voids the warranty.

9 - COMPLAINTS AND RETURNS

9.1. Any complaints or returns regarding the supply of equipment can only be considered, when duly substantiated and presented within a period of 30 days from the date of receipt of the goods.

9.2. Returns of goods already used will not be accepted.

10 - GENERAL CONDITIONS

10.1. SEW-EURODRIVE and the CLIENT may only transfer their rights and obligations to third parties, after their prior and express agreement in this regard.

10.2. All bid conditions are subject to confirmation by SEW-EURODRIVE upon acceptance of the order.

10.3. The CLIENT is responsible for the final destination of the packaging waste of the products he purchases from SEW-EURODRIVE, which with the supply become the property of the CLIENT.

10.4. These General Terms and Conditions of Sale will be effective as a whole, or only in part, if there are special written conditions that contradict them.

10.5. The closing and acceptance of the deal, based on these General Conditions of Sale, or others expressed in the Order Confirmation, convert these into a purchase and sale contract, with reservation of title.

11 - COMPETENT LAW AND JURISDICTION

11.1. Whenever it is not possible to resolve by mutual agreement any dispute raised, it is stated that the competent forum will be that of the Comarca da Mealhada and the Law will be Portuguese.

12 - EXPORT CONTROL

12.1. The fulfillment of the contract by SEW-EURODRIVE is subject to the condition that there are no impediments imposed by national and international legal provisions, in particular export control provisions.