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Terms and conditions of Sale – DUNBELT S.A.

Application

This document describes the rights granted to the Customer as well as the terms and conditions determined by DUNBELT S.A. in its business activity and via its B2B platform “MyDunbelt”.

Situations not otherwise covered by these terms and conditions shall be ruled by Portuguese law in force at the time of delivery.

These terms and conditions are considered part of all Quotations, Proposals, Customer Orders, Price Lists, Proforma Invoices, Delivery Notes, Invoices and Receipts.

All deliveries of goods and/or services shall be made available by DUNBELT S.A. in accordance with these Terms and conditions of Sale.

These Terms and conditions of Sale override any other Conditions of Sale previously agreed or published by DUNBELT SA.

Updated last on: 31/05/2022

Business Hours

DUNBELT S.A. is officially open from 9:00 a.m. to 1:00 p.m. and 2:30 p.m. to 6:30 p.m. on all business days.

Unless otherwise specified, DUNBELT S.A. only celebrates national holidays and is operational during municipal holidays. Updated business hours and dates are public at Google.com.

DUNBELT S.A. respects the right of rest of its employees and therefore reserves the right to not guarantee the following situations:

  • DUNBELT S.A. does not guarantee same-day shipment of Customer Orders that have been submitted by the Customer after 5:00 p.m. of the same day.
  • DUNBELT S.A. does not guarantee same-day shipment of material requiring significant processing in the case of Customer Orders that have been submitted after 1:00 p.m. of the same day.
  • DUNBELT S.A. does not guarantee the Client the right to pick up Customer Orders during lunchtime of our employees (1:00 p.m. to 2:30 p.m.).

Prices

The prices in force for each occasion will correspond to those defined in the most recent commercial proposal if it is valid. For Customer Orders formalized without a prior proposal, the prices in force in the current Global Price List shall be considered valid in conjunction with the discounts agreed and in force for that customer.

DUNBELT S.A. reserves itself the right to change this Global Price List without prior notice to the Customer and reserves itself the right to change these discounts upon prior notice to the Customer.

Prices, discounts and other conditions apply to stock available at DUNBELT S.A.’s premises and DUNBELT S.A. reserves itself the right to change any conditions for future stock, subject to prior notice to the Customer.

DUNBELT S.A. reserves itself the right to improve discounts according to the payment terms of each Customer (see Payment and Payment Methods section).

In the case of promotional campaigns in which discounts may overlap, DUNBELT S.A. shall use the largest discount.

The prices and discounts indicated on the B2B MyDunbelt platform are merely indicative and do not constitute a contractual offer on DUNBELT S.A.’s side. These prices can be separated into two types:

  • List prices: prices visible in the article search and which do not include a discount.
  • Customer-specific prices: prices visible in the “Shopping Cart” and which include the discount agreed and in force for the Customer.

DUNBELT S.A. reserves itself the right to change these prices and discounts upon notice to the Customer.

The articles available on DUNBELT S.A. and on the B2B platform MyDunbelt display the sale price at the date of consultation and do not include VAT (Value Added Tax) or any other tax, fee or surcharge, including customs or on products or packaging applicable, nor shipping costs which may be additional to the price.

All items displayed on B2B platform MyDunbelt are always subject to shortages and are subject to the possibility of price changes after inventory replacement.

The submission of a Customer Order on the B2B platform MyDunbelt will be considered as consent to the prices and discounts presented and as full acceptance of these General Conditions of Sale.

Shipping Costs

The prices of the articles shown do not include shipping costs (Ports) which will be added separately according to the weight of the articles ordered and in accordance with the conditions agreed with the Customer.

Customer Order

The Customer Order, unless otherwise indicated by DUNBELT S.A., shall be deemed to be the formalization of the Customer’s order to DUNBELT S.A. and DUNBELT S.A. reserves itself the right to require the Customer to formalize the order in writing.

Submission of a Customer Order guarantees the Customer stock reserve against orders submitted later by other customers. This in-warehouse stock reserve has a maximum validity of 5 (five) business days, date from which the Customer Order will be cancelled and the material will return to stock; the Customer will be notified of this cancellation. When there is no stock available to meet the demand of the Customer Order, this countdown will only begin when the Customer Order is completed and the Customer will be notified.

If there is a valid proposal, the Customer may award it to maintain the special conditions offered in proposal, upon the Customer’s obligation to indicate the relevant DUNBELT proposal’s number. Otherwise, DUNBELT S.A. will assume that this is a new Customer rder and the prices and discounts considered current for that Customer will apply.

The Customer is responsible for transmitting the following information when submitting a Customer Order:

  • Requisition number or identifier: the lack of a requisition identifier will be assumed by DUNBELT S.A. as the absence of the need for this indicator on the Customer side and the name of the contact person on the part of the Customer will be placed;
  • Delivery address: the lack of delivery address will be assumed that the order is to be shipped to the Customer’s billing address;
  • Delivery date: the lack of delivery date will be assumed by DUNBELT S.A. as an indication to ship the Customer Order as soon as possible;
  • Totality of the Customer Order: the lack of the need for the Customer Order to be shipped in its entirety will be assumed by DUNBELT S.A. to be able to make partial deliveries;
  • Brand: the lack of identification of a brand in the articles demanded by the Customer will be assumed by DUNBELT S.A. as the choice of the first-line brand represented by DUNBELT S.A;
  • Other factors: opening or business hours, person responsible for receiving the goods, telephone and email contact for tracking and delivery;

Thus, DUNBELT S.A. cannot be held responsible by the Customer for the absence of the above information.

Placement of a Customer Order by the usual means of communication or on the MyDunbelt B2B platform shall be considered as consent to the prices and discounts presented and as acceptance of these General Terms and Conditions of Sale. Repeated and incorrect submission of Customer Orders may incur in a penalty for the Customer.

Due to the international logistic situation, there are products with restricted availability or evident shortage of supply in the component markets where DUNBELT S.A. operates. If any of these products is ordered in a quantity close to the total inventory, DUNBELT S.A. reserves the right to allocate proportionally the stock between the several Customers that need it.

Delivery Deadlines

The delivery times stated at the time of the proposal are merely provisional and indicative, and may be revised at the time of confirmation of the Customer Order. Delivery times are to be understood as the availability of the goods exiting DUNBELT S.A.’s premises.

DUNBELT S.A. is committed to respect the deadlines contained in the Proposals and Customer Orders, this deadline being at least the business day following the formalization of the Customer Order. The following scenarios may prevent DUNBELT S.A. from respecting the deadlines:

  • Delay in the supply chain upstream of DUNBELT S.A.
  • Damaged material in DUNBELT S.A.’s warehouse;
  • Unforeseen DUNBELT S.A. stock shortages;
  • IT errors of the intervening parties;
  • Force majeure events (strikes, natural catastrophes, etc.).

Failure to meet the deadlines indicated in the Customer Order may not be invoked to claim compensation for damages caused directly or indirectly, nor are they grounds for cancellation of the Customer Order.

Shipping, Delivery Location and Transportation

In the process of fulfilling a Customer Order, DUNBELT S.A. selects and inspects each article ordered by the Customer, and packs it in an appropriate container. Unless otherwise indicated, this Shipping process is included in the Price paid by the Customer and indicated in MyDunbelt or in the Proposal sent by DUNBELT S.A.

On behalf of the Customer, DUNBELT S.A. may subcontract an express transport service, which by default will be carried out by Chronopost/DPD, who will deliver the goods by 1 p.m. on the next business day following the Customer Order’s departure from DUNBELT S.A.’s premises. By placing a Customer Order with a delivery address other than “DUNBELT S.A.’s Central Warehouse” (aka “Our Premises”) the Customer is immediately asking DUNBELT S.A. for the shipping service to the indicated place of unloading.

In view of this transport arrangement, DUNBELT S.A. will use its best efforts to ensure that the goods reach the Customer within the time specified by the Customer.

The Customer is entitled to collect the goods himself at DUNBELT S.A.’s premises, provided he keeps to DUNBELT S.A.’s business hours (see section “Business hours”).

This transport is done by registered service in order to ensure the tracking of the Customer Orders. The Customer has the right to request the tracking indicator to be able to track his Customer Order.

It falls upon the Customer to provide the correct data for shipping, including:

  • Complete Delivery Address;
  • Postal Code, which in case of shipments over 30 kg can never be a P.O. Box;
  • Contact Person;
  • Email contact to send the tracking indicator;
  • Mobile and fixed telephone contact for immediate contact upon delivery. The absence of this information often makes delivery impossible.

It falls upon the Customer to have the logistical conditions to allow the reception of pallets (mandatory in shipments over 30kg), as well as to create the conditions to receive the goods on the day corresponding to the delivery date indicated in the Customer Order.

DUNBELT S.A. shall not be liable for the Customer’s inability to receive its own Customer Orders. This inability may not be invoked to claim compensation for damages directly or indirectly caused, nor are they grounds for cancelling the Customer Order.

The Customer has the right to request full or partial deliveries, whereby DUNBELT S.A. reserves the right to charge shipping and transport fees (postage) if the portions do not make up the agreed value.

DUNBELT S.A. reserves the right to make partial deliveries for reasons of warehouse space optimization, and no additional shipping or transport fees will be charged in addition to those stipulated in the Customer Order.

The goods transit at the Customer’s risk from the point of delivery (“at Dunbelt’s warehouse door”) to the place of unloading indicated by the Customer. However, CRM insurance is required and taken out on the carrier. The Customer, however, has the right to ask DUNBELT S.A. for additional transport insurance for its Customer Orders, and shall make this request in writing with each new Customer Order and shall be immediately liable for the additional charge.

The Customer undertakes to inspect the goods at the time of delivery by the carrier. If the Customer notices during receipt of the goods that they are damaged for apparent transport reasons, he must photograph the condition of the packaging and product, report this to the carrier’s employee and immediately contact DUNBELT S.A. (see section Exchange and Return Policy).

Exchange and Return Policy

All exchanges or returns must follow the Exchange and Return Policy of DUNBELT S.A., transcribed in an standalone document.

Payment and payment methods

Payment terms are defined by DUNBELT S.A. and are reviewed regularly. In exceptional cases, these may be differentiated for each individual Customer Proposal or Order.

As a rule, according on the commercial conditions and the Customer’s creditworthiness, payment terms may vary between 0 (zero) and 60 (sixty) days.

DUNBELT S.A. will use the payment terms and respective analysis of the settling balances’ periods as Customer business management tools.

DUNBELT S.A. reserves the right to change the payment terms without notice due to systematic payment delays by the Customer, as well as to immediately suspend satisfaction of any Customer Order already placed and not yet satisfied, or yet to be placed by the Customer.

Delays in payment by the Customer may result in changes to the prices and discounts applied.

Any payment not made within the deadlines defined and agreed upon with the Customer will imply the debit of default interest as of the calendar day following the due date of the respective overdue invoice and calculated in a supplementary manner at the maximum commercial default interest rate set (at this moment at 8, 00%) plus an indemnity of no less than € 40.00 per overdue document, without the need for a reminder, for the internal administrative costs of debt collection and, finally, without prejudice to the right to charge other costs, namely legal or execution costs to lawyers, solicitors or execution agents.

Payments shall be made net and in accordance with the terms of the Invoice, at the domicile of DUNBELT S.A. or by bank transfer to the accounts mentioned in the Invoice.

The predetermined method of payment for any new Customer is payment on collection (prompt payment or payment on delivery to the address). DUNBELT S.A. may also require its Customers to prepay in full or make an advance payment.

The Customer may require that Invoice documents be sent to him by digital means, in which case he must provide the relevant shipping contact by email. In this case, the goods will be shipped with the shipping documentation only. The Customer may also require that the shipping documents do not show any prices or discounts.

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