General terms and conditions of sale, delivery and payment
The sale of products by Meat Heritage, Lda (“seller”) is governed by the conditions described below, in accordance with the practices in force in the meat industry and trade. These conditions are accepted by the buyer and prevail over any other sales conditions that may be used by the buyer.
1. General
1.1 The following general terms and conditions of sale, delivery, and payment apply to supplies and sales by Meat Heritage, Lda. They shall apply exclusively to supplies and sales carried out in the territory of mainland Portugal and the islands.
1.2 The customer’s general terms and conditions of purchase are excluded, unless previously approved in writing by Meat.
1.3 Offers and proposals, as well as data, prices, characteristics, and all other information reproduced in Meat’s catalogs, prospectuses, price lists, circulars, etc., are purely indicative and may be changed without prior notice. The aforementioned elements shall bind Meat only in the event of express acceptance or order confirmation. Verbal statements by Meat’s representatives shall legally bind Meat only if expressly confirmed in writing. Without prejudice to the above, the right to revoke any proposal is reserved if the customer does not accept it within thirty days following the date of receipt.
2. Prices
2.1 Prices are those specified in the price list or in a previously submitted and accepted quote, with the applicable VAT rate always being applied.
2.2 Meat reserves the right to adjust prices at any time, particularly due to an increase in raw material, manufacturing, or transport costs, or others, should such an increase occur prior to the date the order becomes effective. The new prices will apply to all orders pending on the date of the change. If the customer does not accept the new price, they may cancel the order by informing Meat in writing within eight days after the date of notice of said increase. Upon expiration of this period, the customer shall be deemed to have tacitly accepted the new price.
2.3 For orders where no price has been agreed upon, the price list rates valid on the day of delivery shall apply.
2.4 Confirmed prices shall apply only if the confirmed quantities are accepted.
2.5 Meat reserves the right to make partial deliveries, which will be invoiced separately, unless otherwise agreed in writing.
2.6 Prices and other details contained in catalogs, price lists, brochures, etc., are for information purposes only. Prices in effect on the date of supply shall prevail.
3. Payment terms
3.1 Following invoice issuance, payment must be made within 15 days. Payment is deemed made when the funds become available. Payment can be made via the following methods: bank transfer, Multibanco reference, or cash.
3.2 Checks may be accepted subject to express authorization from Meat. Charges related to discounts and other expenses shall be borne by the customer and must be paid immediately.
3.3 Regardless of any other customer instructions, all payments will invariably be credited first toward interest and costs and only then toward the oldest outstanding receivables.
3.4 Regarding late payments, default interest may be charged at the statutory rate in force. Meat reserves the right to file any other claim for damages.
3.5 All receivables, even if an extension has been granted, must be paid immediately in the event of non-payment, dishonored checks, suspension of payments, commencement of debt-settlement proceedings, insolvency proceedings, non-compliance with payment terms, or if circumstances arise that negatively affect the customer’s credit rating.
3.6 Meat also reserves the right to make pending deliveries only upon advance payment or, after setting an appropriate subsequent delivery period, the right to terminate the contract and demand compensation instead of making delivery.
4. Supply
4.1 Meat reserves the right to specify packaging at its sole discretion.
5. Terms and conditions of delivery and delivery obstacles
5.1 Delivery times are indicative only. Delivery times start from the date of order confirmation. Early and partial deliveries are permitted.
5.2 If the customer fails to comply with their duty to cooperate, after a defined period, Meat has the right to take the necessary measures and deliver the goods or withdraw them from the part of the contract still pending delivery. The right to claim compensation for damages arising from non-performance or compensation for losses incurred instead of performance is reserved.
5.3 Force majeure events resulting in an extension of the delivery period grant Meat the right to terminate the contract, in whole or in part.
5.4 Non-compliance with the delivery deadline shall in no case entitle the customer to compensation.
5.6 If the goods are not accepted, not accepted in a timely manner, or accepted incompletely, Meat has the right to store or dispatch the goods at the customer’s risk and expense. In such case, the goods shall be deemed accepted.
6. Returns
The return of orders following delivery is subject to acceptance by Meat and written notification sent to Meat within eight days. Returns of perishable products are not accepted.
7. Warranty
7.1 In the event of non-conformity of the product with the description provided, the customer is entitled to have conformity restored free of charge by means of repair or replacement, appropriate price reduction, or contract termination.
7.2 In exercising this right, the customer shall not be responsible for any expenses necessary to restore product conformity, specifically transport costs.
7.3 The warranty provided under this clause covers only potential manufacturing defects in products and does not include non-conformities reasonably resulting from improper or imprudent use of products, such as failure to adhere to food preservation guidelines.
7.4 Given their specific nature, the warranty for perishable products coincides with the established expiration date.
8. Jurisdiction and applicable law
8.1 The Judicial Court of the District of Leiria shall have jurisdiction over any and all disputes arising from these general terms and conditions of sale, delivery, and payment.
8.2 These general terms and conditions of sale, delivery, and payment are governed by Portuguese law.
9. Data protection
In accordance with the Personal Data Protection Law, as well as the regulations, opinions, and guidelines issued by the National Data Protection Commission, personal data received is duly processed for the purpose of managing billing, tax, and accounting obligations.
The customer further authorizes that data collected in connection with the conclusion of any contract may be transmitted to any entity with which Meat may establish any type of partnership, association, or contract, and authorizes that their data be used in any type of litigation, dispute, claim, or audit to which Meat is a party, conducted by any state or regulatory authority.
Meat undertakes to comply with its obligation of confidentiality regarding personal data and the duty to safeguard it, as well as to adopt the necessary measures to prevent its alteration, loss, unauthorized processing, or access, taking into account the current state of technology.
The rights of access, rectification, cancellation, and opposition may be exercised by written request addressed to Meat’s headquarters, referencing “Personal Data Protection”.
10. Final provisions
Should any provision contained in these general terms and conditions of sale, delivery, and payment or any provision under other agreements concluded with the customer be or become invalid, the validity of the remaining provisions or agreements shall not be affected. The invalid provision shall be replaced by agreement with a valid provision that comes as close as possible to the economic result intended by the invalid provision.
11. Omitted cases
Omitted cases shall be governed by general law.
Agreed domicile
The parties are deemed to be domiciled at the addresses stated on the invoices.
