1. Definitions:

In these terms and Conditions:

• Seller refers to IBERMICRA Lda, registered at Zona Industrial da Marinha Grande, Rua da Bélgica, Lote 18, 2431-901, Marinha Grande – PORTUGAL.
• Buyer” refers to the customer purchasing goods or services from the Seller.
• Products” refer to the goods or services supplied by the Seller.

2. Contract Information:

The Buyer and Seller agree that the seller´s quotation, along with the terms and conditions specified herein, represents the entire and final agreement between the parties concerning this transaction. No other agreements, representations, or understandings exist beyond what is explicitly stated in this document. Any subsequent purchase order is accepted solely for administrative and billing purposes, and any terms or conditions contained therein that conflict with this agreement are hereby explicitly rejected. Any changes, modifications, or additions to these terms must be made in writing and signed by an authorized representative of the Seller to be effective.

3. Acceptance of Orders:

All orders are subject to written confirmation by the Seller. A binding contract is only formed upon such confirmation.

4. Pricing:

Prices are based on current material and production costs and are subject to change with prior notice.

5. Technical Sales Specifications:

All products will be supplied according to the Seller’s standard manufacturing specifications and practices. Any modifications to these standard specifications or practices requested by the Buyer must receive Seller’s approval. Any resulting changes to the terms of the contract, including but not limited to price adjustments and delivery timelines, shall be subject to mutual agreement between both parties.

6. Delivery and Risks:

Delivery dates are calculated from the date of acceptance of this offer and are provided as estimates, not guarantees of a specific delivery day. The Seller shall not be held responsible for any costs, losses, or damages arising from delays or interruptions in performance due to causes beyond its reasonable control. These may include, but are not limited to, fires, floods, natural disasters, strikes, labor disputes or shortages, supply chain disruptions, governmental actions or inactions, transportation delays, or any other similar or dissimilar circumstances outside the Seller’s control that may hinder performance. Rev0 I April 2024

7. Retention of Title:

Title to the Products remains with the Seller until full payment has been received. The Buyer must not sell or transfer the Products until payment is completed.

8. Warranty

The Seller may choose to either repair, replace, or issue a credit to the Buyer ( For the amount paid) for any product that fails to meet the specified dimensions or materials within 90 days of shipment. This applies if the Buyer properly stores the products and promptly notifies the Seller of the issue. All other warranties, whether expressed or implied, including warranties of merchantability for a particular purpose, are excluded. The Seller´s only obligation and the Buyer´s exclusive remedy are limited to the cost of repair or replacement as specified. The Seller is not liable for work done, parts provided, or repairs made by others unless specifically authorized by the Seller. The Seller´s total liability under this contract will not exceed the contract price.

9. Export Control Compliance:

The Buyer agrees to comply with all applicable export control laws and regulations, including those imposed by the European Union and the national governments involved.

10. Modifications and Repairs:

The Seller’s sole responsibility for any nonconforming or defective additions, modifications, or repairs made to the Buyer’s products is to either repair or replace the issue. If this cannot be done, the Seller’s liability will be limited to the amount paid or owed by the Buyer.

11. Limitation of Liability:

The Seller’s liability is limited to the cost of processing or machining the part/tool. The Buyer assumes full financial responsibility for any costs associated with lost or unusable raw materials due to any defective or scrapped parts/tools. The Seller will be responsible for any lost labor costs resulting from such defects or scrap.

12. Force Majeur:

The Seller is not liable for any delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, strikes, wars, or government regulations.

13. Governing Law and Juristiction:

These Terms and Conditions are governed by the laws of Portugal. Any disputes shall be settled in the courts of Leiria.

14. Entire Agreement:

These Terms and Conditions, together with any agreed specifications and purchase orders, constitute the entire agreement between the parties and supersede any prior agreements.

Rev0 I April 2024