Commercial conditions

1. Applicability

All sales contracts entered into by Neocom – Distribuição de Componentes Automóveis Lda (hereinafter referred to as “Neocom”) shall be governed exclusively by these terms and conditions (hereinafter referred to as “terms of the contract”). The terms of the contract shall supersede and replace all previous oral and written representations as well as any other terms and conditions contained in any document or communication used by the purchaser to conclude the contract with Neocom, regardless of whether they have been confirmed and sent or are referred to in the purchase order or in any other document sent by the purchaser to Neocom. The terms of the contract may only be changed by express agreement of Neocom, drawn up in a written amendment signed by the person obliged to do so, specifically stating the terms and conditions to be changed. Without prejudice to other clauses, Neocom shall not be liable to the customer if at any time it is unable, for any reason, to supply the goods and/or services as required by the purchaser. The conditions of formation, validity and effectiveness of all contracts shall be governed by Portuguese law, with the client submitting to the jurisdiction of the Portuguese Courts. The total or partial invalidity or ineffectiveness of any of these clauses may in no way affect the validity or effectiveness of the contract or its remaining clauses.

 

2. Order

Any quotation or estimate is formalised by Neocom, as a contract will only be formed when Neocom accepts to supply the resulting order after confirmation by the customer. Any quotation or estimate is valid for a period of 15 (fifteen) days from its date (unless another period is stated in the quotation or estimate itself). The buyer shall be responsible to Neocom for ensuring the accuracy of the terms of any order sent to Neocom and undertakes to provide all necessary information relating to the goods and/or services in a timely manner sufficient to enable Neocom to fulfil the contract in its exact terms. No order which has been accepted by Neocom may be cancelled by the buyer except with the written agreement of Neocom, and the buyer shall be obliged to indemnify Neocom for all losses including loss of profits, costs (including the cost of all labour and materials used or already contracted to be used), damages, debts and expenses incurred by Neocom as a result of the cancellation.

 

3. Price

The price stated on the invoice is the net price of the goods (after deduction of any discounts) as per the contract and supersedes any previous oral or written representations. The price does not include value added tax or any other tax whatsoever, although where applicable it shall be payable in addition by the buyer. Neocom may, without prior notice, adjust the stated price to take account of any change/specification requested by the buyer, failure by the buyer to comply with the provide information, instructions that may affect the normal process or increases in production/acquisition costs. Prices will be those in force at the time of receipt of the order.

 

4. Dispatch and Delivery

The delivery location is considered to be Neocom's premises, and the customer may request collection of the goods by an external transport company. The goods travel at the buyer's risk and expense, who is responsible for the respective insurance. The buyer who wishes to receive the goods by courier must exercise his/her rights in the event of loss, damage or delay against the courier. Upon delivery, the buyer must check the condition of the goods and, if there is any irregularity, must report it on the transport note itself and inform Neocom within 3 (three) days after delivery. If this is not done, the goods will be considered to have been delivered under the contractual conditions and the courier will not be held liable in any way.

 

5. Payment

Neocom has the right to invoice the buyer for the price of the goods and/or services, immediately or at any time after delivery of the goods or performance of the service. Without prejudice to any written clause to the contrary, payments must be sent to the address of Neocom's registered office or by bank transfer to the account with the IBAN indicated by Neocom, in the currency in force in the Country (EURO), in cash or during the limit of days/ceiling granted to customers who benefit from the credit condition. No changes or counter-proposals to these provisions will be accepted. Payment by check or any other negotiable amount will only become effective after good collection, being credited to Neocom's bank account. Without prejudice to any written clause to the contrary, payments for goods for export must be made in cash or by means of an unconditional and irrevocable bank guarantee. The payment term is of the essence of the contract. If the buyer is unable to make full and prompt payment for the goods (without prejudice to any other rights of Neocom), he/she will be obliged to pay interest on the amount owed calculated at a rate proportional to the value of the item, starting from the date on which the default occurred until full payment is made. Any costs for transport, packaging and other charges set separately will be paid by the buyer together with the price of the goods/service and should be considered as forming an integral part of the price. Neocom reserves the right to cancel/suspend any supply of goods/services if the buyer fails to comply with the agreed payment terms.

 

6. Ownership

In this clause the term "goods" means the goods to be supplied under these General Conditions. Notwithstanding delivery of the goods sold or any document evidencing them, Neocom shall have the right to dispose of them and ownership of them shall not pass to the buyer until Neocom has received full payment for such item plus interest. Before full ownership of the goods passes to the buyer, Neocom shall permit the buyer to sell such item to a third party with whom he has a completely independent business relationship (in which sale the buyer has acted as an independent party and not as an agent of Neocom), but this permission shall automatically lapse upon termination, expiry or termination of the contract. After payment for the goods has become due, Neocom may repossess them at any time. This shall include the right to stop the goods in transit, remove them and the buyer shall be deemed to have granted Neocom irrevocable authority to take possession of the goods at the buyer's premises or other premises where the goods may be located and, if necessary, to dismantle them. If, before the expiration of 7 (seven) days from the date on which Neocom took possession of the goods, the buyer pays all amounts already due or owed to Neocom, together with the cost of repossessing the goods, Neocom will re-deliver the goods to the buyer at the buyer's expense. Nothing in the contract shall make the buyer an agent for Neocom with respect to any type of resale of the goods to grant a third party rights against Neocom.

 

7. Warranty

All items sold by Neocom are covered by a 12 (twelve) month warranty period. Warranty claims must be made using our “warranty form” available on our website www.neocom.pt or by requesting that it be sent. Any costs or expenses resulting from the movement or assembly/disassembly of the part must be borne by the purchaser. Neocom shall not be obliged to repair or replace any part if it does not bear the sealing marks, or has been subjected to any misuse, unauthorized repair, replacement, modification or alteration. This warranty shall not apply if the purchaser breaches this or any other contract made with Neocom – including any obligation to pay Neocom. In the event of unfounded warranty claims, where after examination of the item at Neocom’s facilities no anomaly is detected, a fee may be charged for testing the item.

 

8. Returns

After receiving the product, the customer has 7 (seven) working days to make a claim, otherwise it will be considered as requested. Only returns of material that is in the same condition as it was supplied, in the original packaging and accompanied by all accessories and consumables, without signs of use, accompanied by the return form, sales document and the data provided for identification will be accepted. The return may be refused if it does not meet the return criteria. Electrical material is not subject to return. The hulls must be returned within a maximum period of 24 (twenty-four) months from the date of the purchase document, except for stock exceptions duly agreed upon. All material returned incomplete or with essential elements missing will be considered abandoned and delivered to a recycling center if, after 6 (six) months of notification by Neocom, the buyer does not replace the missing parts.

 

9. Financial information

In order to simplify the procedure, Neocom issues credit notes without VAT, since the settlement of said tax is optional, under the terms of article 98 of the Value Added Tax Code (VATC). The amount to be credited will correspond to the cost value for which the goods or deposit were debited, without the respective VAT amount. Neocom does not refund the amount in credit. Therefore, the amounts will remain in your current account for deduction in future purchases.

10. Competent court and applicable law

The court of the district of Aveiro will be competent to resolve any issues arising from these General Conditions, with express waiver of any other, without prejudice to mandatory law that provides otherwise.

 

11. Personal data

The acceptance and management of orders, the delivery of goods and their collection involve the collection and processing of a set of data that may include personal data. As such, personal data will be processed for the purposes of concluding and executing a contract, and therefore the processing does not require consent. Personal data will be processed under the responsibility of Neocom – Distribuição de Componentes Automóveis, Lda., which will enter them into an automated data file to be processed in a way that guarantees their security and confidentiality, in accordance with the legislation in force. Your data may be communicated to third parties, in particular to the carrier responsible for the transport, for the purposes of executing the supply contract entered into. Your personal data will be kept for the period necessary to comply with legal obligations.