Sales General Conditions

  1. The latest update of the sales conditions replaces and cancels all previous ones.
  2. These conditions can be changed without prior notice, and the latest version of the conditions will be available and updated on Lusilectra website (www.lusilectra.com).
  3. The customer authorizes and consents the automatic data processing by LUSILECTRA, exclusively in and for the exercise of his activities.
  4. The fact that the customer has not received the present sales general conditions, does not  cancel the Applications of the same, as they are available on Lusilectra website (www.lusilectra.com).

A. Order Conditions

  1. The order conditions are considered as approved by the customer when placing your order to LUSILECTRA.
  2. All the orders shall be placed in written (e-mail, letter, fax, etc.).
  3. The order shall be confirmed by LUSILECTRA in own form or via e-mail, mentioning on this confirmation the order general and particular conditions.
  4. In case the order is not approved and in case the customer had signalled the purchase, LUSILECTRA will only return the simple amount delivered.
  5. If there are no written requests of the order(s), any delay or error in its processing shall not be attributable to LUSILECTRA.
  6. LUSILECTRA reserves the right to propose to the buyer to change the order price, in cases where there are substantial changes on the original prices or exchange variations. In this case, the customer will be notified by LUSILECTRA in written, and the customer may within eight days from the receipt of the information, withdraw the order, being refunded for the payment in advance done, if it has existed.
  7. LUSILECTRA’S resellers/distributors/dealers do not have a legal representation and therefore legally oblige LUSILECTRA.
  8. The claims, with rare exceptions, concerning the product and/or service will be answered within a maximum period of 5 working days from the delivery date, requesting their written documentation (e-mail, letter, etc.).
  9. Returns, with rare exceptions, shall be performed within a maximum period of 5 working days from de product delivery date, requesting their written documentation (e-mail, letter, etc.). These will be analysed and have a maximum return level of 80% of its sales value, whose final percentage will only be attributed e informed to the customer after the evaluation of the product and its package by LUSILECTRA, and in case LUSILECTRA accepts the return.
  10. The credit sales will always be made with the guarantees required by LUSILECTRA (namely retention of title, mortgage, surety, pledge, personal guarantee, deposit cheque), being the tenderer/buyer obliged to provide all the necessary information and documents.
  11. If applicable, transfer of ownership of the equipment sold to the buyer can only be made after full payment of the value and all documentation has been regularized.
  12. In the event of recovery, the unit(s) to be delivered to LUSILECTRA are free from any onus or charges, such as retention of title, mortgage, etc., so if there is no such case, the business as a whole will be considered null.
  13. If, by agreement between both parties, LUSILECTRA has made available to the customer a similar equipment to that purchased, the customer shall bear the transport costs, as well as potential damages due to misuse, climatic phenomena, thefts, robberies, fire, accidents and other unforeseen circumstances of force majeure and civil liability.
    The customer is obliged to request to LUSILECTRA’s technical services the maintenance and inspection of the equipment sold by LUSILECTRA.
  14. The product is considered as LUSILECTRA’s property until its total payment.
  15. The present conditions and provisions are governed by Portuguese private law, whether it is applicable in national or international transactions.

B. Shipment/Transport Conditions

  1. The delivery times for any product are only indicative and do not imply a commitment.
  2. If the good are not delivered in the first attempt for reasons attributable to the customer, postage will be charged for each delivery attempt.
  3. Upon delivery of the product(s), the customer must ensure that the product(s) is complete and in good condition. If an anomaly is detected in the order, you must indicate it in writing on the carrier’s document and contact LUSILECTRA, with the submission of the respective complaint in writing.
  4. If there is no indication of anomalies on the carrier’s documents, the order will be considered as delivered in good condition and will not be subjected to reimbursement.
  5. If the equipment is retained at LUSILECTRA at customer’s discretion, LUSILECTRA will not be liable for any damages resulting from climatic events, break-ins, thefts, fires and other unforeseen or force majeure situations.
  6. Before making any return, you must give written notice to LUSILECTRA and if the return is accepted, it can only be reimbursed up to 80% (according to the information mentioned on point A-9 of Order Conditions).

C. Warranty

  1. LUSILECTRA guarantees the free repair or replacement, in its sole discretion, of any product that has deficiencies in material or workmanship under manual conditions of use, provided that maintenance is carried out by LUSILECTRA’s technical service or bay others authorized by LUSILECTRA.
  2. The new products are always sold with the warranty from their respective manufacturers and its validity is stipulated product by product and its warranty term is defined in the supply proposal.
  3. For used products, LUSILECTRA defines with the customer warranty scope and term.
  4. The warranty implies, according to the operator’s manual, the obligation to carry out all the inspections and maintenance recommended by the manufacturer, including the free inspections mentioned (only includes labour work).
  5. When applicable, fuels, lubricants and maintenance or normal wear parts are not covered by this warranty, nor procedures due to metrological control required by law, nor any adjustments or routine maintenance procedure.
  6. The components and accessories applied in the equipment of our brands, but manufactured or supplied by third parties, are covered by the specific warranty of their manufacturers or distributors, and no further liability can be required to LUSILECTRA.
  7. It is excluded the repairs or adjustments due to improper use, overload, neglect, modifications, improper repairs or adjustments, accident, application of non-original parts, inadequate maintenance or lack of maintenance and poor electrical supply, as well as due to natural causes.
  8. It is excluded from warranty the normal wear, aging, voltage variations (in case of electronic material) and climatic events.
  9. The warranty ends if there is a change, modification, violation of the products or it the product is used outsider the instructions for use.
  10. In cases where doubts arise as to the acceptance of the warranty repair and, as such, having been conditionally accepted by LUSILECTRA’s technical service, the correspondent expenses will be invoiced to and settled by the customer, with the credit amount being subsequently made corresponding to the value assumed by the manufacturer.
  11. Unforeseen or indirect expenses, such as phone calls, rental of replacement machines, transport of the machine, crane rental, compensation for fixed assets, lost time, setbacks or commercial losses are not included on this warranty.
  12. The warranty does not include an obligation to accept liability for losses and damages caused.
  13. Other conditions agreed with the customer and perfectly defined, overlap with those previously presented.

D. Consumer Conflicts and Litigation

  1. In the event of a dispute on issues arising from orders, the jurisdiction of District of Porto is competent.
  2. According to the Law No. 144/2015, you are informed that under the terms of article 14 of Law No. 24/96, of July 31 (Consumer Law), all consumer conflicts of low economic value – up to € 5.000,00 – are subject to the necessary arbitration or mediation when, at the consumer’s express option, they are submitted to an arbitration court assigned to legally authorized consumer dispute arbitration centres.
    We inform also about the arbitration centre with a generic character and limited territorial competence to the municipalities of Porto metropolitan area and their contacts.

Porto Consume rand Arbitration Information Centre:

  • Address: Rua Damião de Góis, 31, Loja 6, 4050-225, Porto
    • Phone: +351 22 550 83 49 / +351 22 502 97 91