General Terms of Sale

1.  Prices

The quoted unit prices are valid for orders that include all of the offered items and quantities. Partial orders will be subject to the previous approval of the conditions by AQUAVALVE, LDA.

2.  Quotations

AQUAVALVE, LDA quotations are subject to confirmation, except for cases of written agreement contracts. The quotations are binding for AQUAVALVE, LDA. on the written terms, except for supply failure, unanticipated price increases or by reasons of force majeure.

3.  Documentation and Certificates

3.1  Our supply includes the following standard documentation:

  • Packing Lists
  • Technical datasheets of the product with dimensions and specifications
  • Operation Manuals, whenever requested
  • Material and Test Certificates, according to EN 10204/2.2, whenever requested

3.2  Any kind of documentation and/or special certification must be previously agreed on and specified in the order form, being subject to possible added costs.

3.3  The need of any certification in accordance to EN 10204, must be indicated on the order form. Material and Test Certificates can only be supplied, according to this standard, for products manufactured after the issuing date of the order, except for the EN 10204/2.2 Certificate.

For example, Material and Test Certificates according to EN 10204/3.1 can not be issued for products supplied from existing stocks.

3.4  The costs associated to Material and Test Certification in accordance to EN 10204/3.1, that include tests performed by third parties (indicated by the buyer or not) will be charged to the customer, who must indicate in the order form the need for such certification. Any request for this kind of certification, subsequent to the manufacturing date, can not be satisfied in any case.

3.5  In cases where Hydraulic Tests are required, at the mill, in the presence of the customer and/or the project owner or his representatives, all the travel, lodging and remaining associated costs shall occur at the expense and risk of the customer. AQUAVALVE, LDA. will not take at its charge any costs related to said testing.

4.  Suspension of Orders

In case of suspension of orders by the customer, AQUAVALVE, LDA. will invoice the acquirer all the costs and finantial losses sustained throughout the period of suspension. AQUAVALVE, LDA., will not accept the suspension of orders for periods of time that have not been previously agreed on between both parties.

5.  Cancellation of Orders

In case of cancellation of orders by the customer, AQUAVALVE, LDA. will invoice the acquirer all the costs sustained up to the cancellation date with the manufacture of the products stated on the purchase order. All the logistic costs related to the process of order entry and confirmation as well as costs associated to the preparation and follow-up of the offers will also be invoiced. The acquirer may also be charged for any financial losses associated to the non-realization of the sale previously agreed on by both parties.

6.  Products Return

6.1  AQUAVALVE, LDA., will not accept any product return that has not been previously agreed on by a written permission.

6.2  No product return will be accepted, more than 30 days after the goods have been delivered.

6.3  No return will be accepted if the product shows any damages, poor conservation conditions and/or any indication of having been on site.

6.4  If and when a return is accepted, AQUAVALVE, LDA., will credit the customer 70% of the invoiced value, being the remaining 30% used for the reclassification and reordering of the return goods.

6.5  All return delivery costs are the buyer´s responsibility.

6.6  AQUAVALVE, LDA. reserves the right to credit the above mentioned 70% of the invoiced value only after inspection, reclassification and reordering of the return goods. If after the due inspection, the returned products show any damage that will avoid a future sale, AQUAVALVE, LDA. will not accept the return and the products will be made available back to the buyer for picking.

6.7  No return will be accepted in cases where the product has been especially customized for the buyer.

7.  Retentions

AQUAVALVE, LDA. does not grant any bank guarantees nor admit any retention as collateral regarding product warranties. All the products distributed by AQUAVALVE,LDA. are supplied with the proper certification, which we consider enough as guarantee of the conformity of the merchandise.

8.  Penalties

AQUAVALVE, LDA. will not accept penalties for delays in the delivery plans. However will always inform by writing of the estimated delivery time regarding the shipment of the merchandise from our warehouse.

9.  Technical Service beyond warranty coverage

Technical assistance on equipment supplied by AQUAVALVE, LDA., without warranty or outside the warranty period, will be charged according to the applicable price list at our customer's disposal.

10.  Payment Terms

Without prejudice to other general conditions agreed on, the following aspects must be observed:

10.1  Special supplies are subject to a payment of 40% with the order issue and 60% upon the delivery of the merchandise.

10.2  All the products supplied are the property of AQUAVALVE, LDA., until the full payment of the price agreed with the buyer has been completed, remaining the buyer entrusted with the responsibility as bona-fide depositary of the merchandise, until the complete fulfillment of his undertaken obligations.

10.3  Once the agreed due date for the payment is exceeded, the debits will be subject to interests for late payment at the legal rate and may cause delay or suspension of subsequent supplies, and the situation may be reported to the Credit Insurer.

10.4  Payments by Bill of Exchange can only be accepted upon previous consent, being the inherent costs imputed to the buyer, and must be settled upon reception of the related debit note. The value of the Bills of Exchange not yet due, will be integrated in the granted credit.

10.5  Likewise, Bill renewals will only be accepted upon previous consent and with amortization equal to or higher than 50% of the Bill to renew and with maturity never exceeding 90 days. The costs result on the Bank fees, added by a service tax of 10,00 euros, plus VAT at legal rate.

11.  Disputes

Oeiras District Court (Tribunal da Comarca de Oeiras) will be the sole competent court in case of disputes.