General Sales Terms and Condition

General Provisions

1. The sales of materials and equipment by ELPOR are governed by the specific conditions of each supply, these general conditions, and applicable legislation.
2. The establishment of an ongoing business relationship with a customer implies that they accept and agree to these terms and conditions of sale and delivery.

Credit Granting

1. ELPOR reserves the right to grant credit only to customers or potential customers for whom it has, and as long as it has, commercially favorable information, and whose foreseeable purchase volume is equal to or exceeds €5,000.00 / year or €400.00 / month.
2. The failure to achieve, in each semester, a purchase volume in accordance with the limits mentioned above may result in the interruption of credit supplies.

Supplies

1. orders

   • All orders must be submitted to ELPOR in writing.
   • Placing an order with ELPOR implies the customer's commitment to these terms of sale, without any reservations, and any clauses to the contrary in requisitions or purchase orders are considered null and void.

2. PRices

   • The prices listed in the tables in force at the time of supply will be applied. Prices in the tables may be changed without prior notice and are always subject to the respective VAT and other legal taxes in force.

3. Packaging, Transportation, and Responsibility at Destination

   • The goods are delivered to ELPOR's warehouses without packaging or in their original packaging. Upon the customer's express request, indicated in the purchase order, ELPOR may provide another type of lightweight packaging for road transport protection, with charges borne by the customer.

   • The customer is responsible for and bears the costs of packaging, insurance, postage, freight, assembly, technical assistance, and maintenance, as well as, in the case of export, compliance with regulations (legal, regulatory, or other) applicable to imports, deliveries, storage, and use of goods in the destination country.

4. Delivery Deadlines"

   • The delivery times mentioned by ELPOR are merely indicative. Events and circumstances beyond its control, such as natural phenomena, wars, labor disputes, raw material shortages, manufacturer delays, traffic disruptions, damage from fire or explosion, government actions, release ELPOR from its contractual obligations for the duration of the disturbance and to the extent of its consequences, allowing the suspension or cancellation of customer orders, without any liability for the direct or indirect consequences that may result.

5. Warranty Conditions

   • The materials and equipment supplied by ELPOR are covered by the specific warranty applicable to each type of material or equipment, with the understanding that this warranty can never exceed that provided by the manufacturer itself.
   • The warranty does not cover deficiencies arising from mishandling or improper use of the materials or equipment.

6. Returns

   Returns of goods may be subject to depreciation and will only be accepted if made within eight days of the delivery of the respective goods, subject to prior agreement with ELPOR, and provided they are accompanied by the respective return note in duplicate, as required by law, which must include the invoices relating to the sale of the goods.

7. Complaints

   Complaints will only be accepted within a maximum period of eight days after the delivery of the goods.

8. Ownership of Goods

   ELPOR reserves the right to ownership of the goods delivered to the buyer until full payment has been made.

Payments

1. Payment for supplies made on credit by ELPOR will be made by one of the following methods:

   • Payment by check, cash, or ATM payment upon delivery of the goods, with a discount of 2.5 percentage points. In the case of payment by check, ELPOR reserves the right to deliver the goods only after the check has cleared.

   • Payment by check, cash, or bank transfer, within thirty days from the invoice date, with a discount of 1.5 percentage points.

   • Accepted bill of exchange, due sixty days from the invoice date, with no discount and charges borne by ELPOR. The bills of exchange will be issued and drawn by ELPOR, and they must be received and duly accepted by ELPOR within a maximum of eight business days after their issuance. Failure to comply with this deadline gives ELPOR the right to debit the customer for the respective discount charges. Amendments to bills of exchange always require prior consent from ELPOR, and requests for amendments will only be considered under the following conditions:

     • Amortizations must not be less than one-third of the initial bill of exchange value and have a maximum term of sixty days.
     • The amendment documents and corresponding amortizations must be sent to ELPOR no later than five business days before the maturity date of the bill of exchange to be amended.
     • The customer will pay compensatory interest from the bill of exchange maturity date at the legal default interest rate plus five percentage points, to be paid within fifteen days from the date of issue of the respective Debit Note, under penalty of accruing default interest at the same rate.

     Acceptances for amounts lower than €500 will not be allowed, even as a result of amendments.

2. Failure to comply with the agreed payment terms gives ELPOR the right to:

   • Debit interest on arrears from the due date of the obligation at the legal default interest rate plus five percentage points, counted until full compliance (Articles 559º, 559ºA, and 1146º of the Civil Code, in conjunction with paragraphs 1 and 2 of Article 102º of the Commercial Code).
   • Cancel or suspend the supply of pending orders from the same customer, except for cash payment upon delivery of the goods.

3. Any complaints about supplies already made will not justify the refusal to pay for other supplies.

Coils

• The payment of coil invoices is subject to the same payment conditions as invoices for other goods.
• The return of coils must be made by the customer at ELPOR's facilities in Frielas. In special cases where ELPOR arranges the collection, it is the customer's responsibility to place the coils in an easily accessible location for loading.
• The return of coils will result in the issuance of a Credit Note by ELPOR.
• The amount to be credited may be less than the invoiced amount, in accordance with the conditions in effect on the date of the return. ELPOR will use the same criteria as cable manufacturers for this purpose.

Jurisdiction

All issues arising from the interpretation or application of these General Sales Conditions and, in general, between ELPOR and its customers regarding sales made to them, shall be subject to the jurisdiction of Lisbon, without prejudice to the provisions of Article 110 of the CPC.

Changes

These General Sales Conditions may be amended at any time by unilateral decision of ELPOR, only taking effect on sales made after their entry into force.