PROPOSAL TERMS AND CONDITIONS:
- A) All amounts in US dollars will be converted into reais based on the commercial-sale dollar quotation. The conversion to reais will be made on the billing date using the average PTAX quote from the Central Bank of Brazil on the day prior to billing. Equipment will be billed on the date the goods are shipped by DC PARTS to the customer. Services will be billed at the time defined and agreed in the sale proposal of DC PARTS and confirmation of the purchase order.
- B) Prices are valid only for the purchase of the total quantities described in this proposal. All taxes are included in the amounts shown. The prices indicated may change, even after being accepted by the customer, due to a change in the rates of taxes levied on them, by the creation of new taxes or a change in the manufacturer's price list, as long as they are duly proven. Due to the constant change in the state laws on the incidence of ICMS Tax Substitution, with possible additions of new product categories and the inclusion of new federation units and agreements, we warn that the final analysis of the application or not of this tax rule is the sole responsibility of substitute company, with DC PARTS being responsible only for providing, within its best efforts, all the information necessary for this analysis. DC PARTS is not responsible for maintaining equal prices on new products that eventually replace products discontinued by the manufacturer, and the purchasing company may request a new proposal with products updated with their market price.
- C) Freight included for Grande SP. DC PARTS is not responsible for delays in delivery that are not the sole and exclusive responsibility of you. DC PARTS reserves the right to make partial deliveries, the Customer being required to accept and pay for the delivered products. Delays in the delivery of any part of an Order do not give the Customer the right to cancel other deliveries. Freight, insurance and tax expenses were calculated based on the place of delivery indicated in the Commercial Proposal ("Place of Delivery"). After placing the Order, the Place of Delivery cannot be changed by the Customer without the consent of DC PARTS. The Customer will be responsible for issuing the tax documents that support the operation (if applicable) and for any and all costs incurred by DC PARTS due to changes in the Place of Delivery and / or the recipient of the Products, including changes in the cost of freight, insurance , storage expenses, issuance of tax documents and other indirect costs. The Customer will be fully responsible for any type of special freight, lifting, assembling and disassembling the Product or adapting it to its physical facilities (such as removing doors or windows, removing elevator doors, civil works, etc.). DC PARTS is not responsible for failure to comply with its obligations under this Agreement as a result of causes beyond its control (for example: acts of God or force majeure, Client's acts or omissions, operational interruptions, human disasters or epidemics, material shortages, strikes, criminal acts, delays in delivery or transportation of products due to the manufacturer's fault or inability to obtain labor or material from their regular sources).
- D) In case the billing is made directly to the respective end user, through the intermediation of the client, to whom this proposal is addressed, this (the client) assumes the following obligations vis-à-vis DC PARTS: a) ensuring that the end user has full knowledge of the content of this instrument, obtaining its acceptance as to all its terms and conditions; b) keep the registration of the end user at DC PARTS duly completed and updated; c) respond jointly to DC PARTS for default by the end user, in the following cases: c.1) if the end user, to whom the goods are destined, does not obtain the express and irrevocable acceptance of the contents of this instrument and the respective billing ; c.2) if the end user's registration is not properly updated in the DC PARTS database; and c.3) if the end user refuses to pay for the supply due to an act attributable to the customer.
- E) DC PARTS will be responsible only for the losses and / or damages directly caused to the Customer, through its proven and exclusive fault, up to the limit of the value of the Product that gave rise to the obligation to indemnify. In no event will DC PARTS be liable for any losses and / or indirect damages caused to the Customer or third parties (for example, loss of profits or revenue, loss of data, loss of use, rework, manufacturing expenses, damage to reputation or loss of customers).
- F) Warranty: 3 months. In case of failure during the specified period, the CLIENT must show the failure to DC PARTS and after analysis and confirmation, must return the part. DC PARTS will have up to 30 calendar days to deliver a new identical and working part back and installed to the CLIENT.
- G) The validity of this proposal is 7 calendar days.
- H) The payment term is described in the proposal after the billing. At any time, DC PARTS may change the Client's credit terms, request its financial data to reassess its financial capacity, request a bank guarantee or other financial guarantee, or suspend any Orders pending on delivery under circumstances that negatively affect conditions Customer's credit card. In the event of default by the Client, DC PARTS may reschedule or cancel any pending deliveries. In the event that the customer is untimely in making any payment for which he is responsible, there will be an automatic incidence of positive monetary correction by the IGPM / FGV (or index that will replace it), interest on arrears at the rate of 1% (one percent) at the month (calculated pro-rata die), as well as a moratorium fine for the installment in arrears at the rate of 10% (ten percent) on the 5th day after the due date. These charges arising from the arrears will be levied on the debit balance updated until its effective settlement. If there is a need for judicial collection of debts, attorneys' fees will be due at the rate of 20% (twenty percent) of the total amount of the debt. The client declares to be aware and authorizes that the failure to pay any obligation will imply protest of the respective securities and the information of the default to credit protection agencies, such as SERASA and SPC, among others. DC PARTS only responds to the customer for the supply described herein and within the limits and conditions set forth in this instrument. DC PARTS is not responsible for any type of contract, obligation, duty, guarantee, provision, service, promise or project under the responsibility of third parties. The parties agree that the present relationship is governed by the Brazilian Civil Code.
- I) Delivery time: 10 calendar days. The delivery forecast informed in this proposal is an estimate based on historical data, counted after analysis and confirmation that all mandatory data were informed by the reseller / customer. The customer (purchasing company) is aware and therefore agrees that the goods may be delivered before or after the date (s) initially foreseen in this proposal due to operational, commercial, customs, unforeseeable circumstances. or force majeure, including delays in the manufacture / availability of the material by the manufacturer, hypotheses in which DC PARTS, regardless of proof or justification, will not be held responsible in any way, including with regard to any damages caused to the customer or third parties. The signature of the proposal or the sending of the customer's purchase order is the starting point for counting the estimated days for delivery of the material, which will be updated after each movement of the product from its origin. Items in stock are not reserved for this proposal and are subject to availability confirmation at the time of acceptance of the purchase order.
- J) Electronic invoicing in computer products invoice, inform in the order the registered email that will receive the Electronic Invoice.
- L) The forum of São Paulo, State of São Paulo, is elected, instead of any other, however privileged it may be, to resolve any doubts arising from this contract, as well as for any judicial or extrajudicial actions, measures or procedures, including protests.
- A) The material list presented in this proposal must be technically validated by the purchasing company, with DC PARTS being exempt from liability for possible configuration or design errors. The customer is solely responsible for the specification of the products, software and services listed in this proposal, and DC PARTS has not provided, in this act or at any time, consultancy or advice that would imply responsibility for the adequacy or efficiency of the goods acquired in the interests of the customer. client, alone or in the context of a project. Information about the Products (for example, statements or recommendations (of a technical nature or not), advertising reports or information regarding specifications, functions, export / import control classifications, uses or compliance with legal and other requirements regarding the Products) are provided by DC PARTS as received from the Manufacturer and are not part of the properties of the Products. DC PARTS is not responsible for the accuracy or completeness of the information about the Products and is not responsible for any statements, warranties and responsibilities of any nature, in relation to this information. DC PARTS recommends that the Customer confirms any information about the Products prior to their use for any purpose. All information about the Products is subject to change without notice.
- B) Local physical installation not included. Remote access is provided for assigning the disk to the Storage.
- C) If the customer wants a specific version of firmware / driver, it must be informed at the time of quotation. In the absence of any prior communication, the equipment will be delivered with the most convenient version for DC PARTS.