Sales General Conditions

The latest update of these sales conditions replaces and cancels all previous versions.
These conditions may be changed without prior notice; the latest version will always be available and up to date on the Lusilectra website (https://lusilectra.com).
The customer authorises and consents to the automated processing of data by LUSILECTRA, exclusively in and for the exercise of its activities.
The fact that the customer has not received these general sales conditions does not prevent them from applying, as they are available on the Lusilectra website (https://lusilectra.com).

A. Order Conditions

These sales conditions are deemed accepted by the customer upon placing an order with LUSILECTRA.
All orders must be placed in writing (e-mail, letter, fax, etc.).
Orders must be confirmed by LUSILECTRA on its own form or by e-mail, stating the general and specific conditions of the order.
If the order is not approved and the customer has paid a deposit, LUSILECTRA shall only be required to refund the amount paid, without any additional compensation.
If there is no written order, LUSILECTRA shall not be liable for any delay or error in its processing.
LUSILECTRA reserves the right to propose a change to the order price to the buyer where substantial changes in source prices or exchange rates are demonstrated. In this case, LUSILECTRA will notify the customer in writing, and the customer may cancel the order within eight days of receiving such notice, in which case any advance payment made will be refunded in the same amount.
LUSILECTRA’s resellers/distributors/agents have no powers of legal representation and therefore do not legally bind LUSILECTRA.
Complaints regarding the product and/or service will, save in exceptional cases, be accepted within a maximum of 5 working days from the delivery date and must be submitted in writing (e-mail, letter, etc.).
Returns must, save in exceptional cases, be made within a maximum of 5 working days from the product delivery date and be requested in writing (e-mail, letter, etc.). Returns will be assessed and are subject to a maximum refund of 80% of the sale value; the final percentage will only be set and communicated to the customer after LUSILECTRA has assessed the product and its packaging, and provided that LUSILECTRA accepts the return.
Credit sales will always be subject to the guarantees required by LUSILECTRA (namely retention of title, mortgage, bill guarantee, pledge, surety or security cheque), and the applicant/buyer undertakes to provide all necessary information and documents.
Where applicable, ownership of the equipment sold will only be transferred to the buyer after full payment of the price and regularisation of all documentation.
In the case of trade-ins, the unit(s) to be delivered to LUSILECTRA must be free from any liens or encumbrances, such as retention of title, mortgage, etc.; otherwise, the entire transaction will be considered null and void.
If, by agreement between both parties, LUSILECTRA has made equipment similar to the purchased equipment available to the customer, transport shall be the customer’s responsibility, as shall any damage caused by misuse, weather events, theft, robbery, fire, accidents and other unforeseen events of force majeure, as well as civil liability. The customer undertakes to request maintenance and servicing of the equipment made available from LUSILECTRA’s service department.
The product remains the property of LUSILECTRA until paid in full.
These conditions and provisions are governed by Portuguese private law, whether applied to domestic or international transactions.

B. Shipping/Transport Conditions

Delivery times for any product are merely indicative and do not constitute a commitment.
If the goods cannot be delivered at the first attempt for reasons attributable to the customer, shipping costs will be charged for each delivery attempt.
On delivery, the customer must check that the product(s) are complete and in good condition. If any anomaly is detected in the order, it must be recorded in writing on the carrier’s delivery note, and LUSILECTRA must then be contacted with a written complaint.
If no anomalies are recorded on the carrier’s delivery note, the order will be deemed delivered in good condition and will not be eligible for reimbursement.
While the equipment remains at LUSILECTRA’s premises at the customer’s request, LUSILECTRA shall not be liable for any damage resulting from weather events, break-ins, theft, fire or other unforeseen or force majeure events.
Before making any return, the customer must notify LUSILECTRA in writing; if the return is accepted, it may only be refunded up to 80% (as set out in point A.9 of the Order Conditions).

C. Warranty Conditions

LUSILECTRA guarantees the free repair or replacement, at its discretion, of any product with defects in materials or workmanship under normal conditions of use, provided that maintenance is carried out by LUSILECTRA’s service department or by others authorised by it.
New products are always sold with the respective manufacturer’s warranty; its validity is set product by product, with the warranty period defined in the supply proposal.
For used products, LUSILECTRA agrees the scope and period of the warranty with the customer.
In accordance with the operator’s manual, the warranty requires that all services and maintenance recommended by the manufacturer be carried out, including the indicated free services (which only cover labour).
Where applicable, the warranty does not cover fuels, lubricants, maintenance or normal wear parts, operations required by law for metrological control, or any adjustment or routine maintenance operations.
Components and accessories fitted to equipment of our brands but produced or supplied by third parties are covered by the specific warranty of their manufacturers or distributors, and no additional liability may be claimed from LUSILECTRA.
Repairs or adjustments caused by improper use, overloading, negligence, modifications, improper repairs or adjustments, accidents, use of non-original parts, inadequate or lack of maintenance, faulty power supply, or natural causes are not covered.
Normal wear and tear, ageing, voltage fluctuations (in the case of electronic equipment) and weather effects are excluded from the warranty.
The warranty ceases if the products are altered, modified or tampered with, or if they are used in any way contrary to the instructions for use.
Where there is doubt as to whether a repair is covered by the warranty and it has therefore been conditionally accepted by LUSILECTRA’s Technical Services, the corresponding costs will be invoiced to and paid by the customer, and a credit will subsequently be issued for the amount accepted by the manufacturer.
Unforeseen or indirect expenses, such as telephone calls, rental of replacement machines, transport of the machine, crane hire, compensation for downtime, loss of time, inconvenience or commercial losses, are not covered.
The warranty does not include any obligation to accept liability for losses and damage caused.
Other conditions agreed with the customer and clearly defined shall prevail over those set out above.

D. Consumer Disputes and Litigation

Any dispute arising from orders shall be subject to the jurisdiction of the courts of the District of Porto.
In accordance with Law no. 144/2015, you are hereby informed that, under article 14 of Law no. 24/96 of 31 July (Portuguese Consumer Protection Law), all consumer disputes of low economic value – up to €5,000.00 – are subject to mandatory arbitration or mediation when, at the express option of the consumer, they are submitted to an arbitration tribunal of a legally authorised consumer dispute arbitration centre.

We also inform you of the general arbitration centre with territorial jurisdiction limited to the municipalities of the Porto metropolitan area, and of its contact details.

Porto Consumer Information and Arbitration Centre (CICAP):

Address: Rua Damião de Góis, 31, Loja 6, 4050-225 Porto
Website: https://www.cicap.pt
Phone: +351 22 550 83 49 / +351 22 502 97 91
Fax: +351 22 502 61 09
E-mail: cicap@cicap.pt