Company: FUCHS LUBRIFICANTES, Unip. Lda., with registered office at Zona Industrial Maia 1, Sector VII, Trav. Eng. Nobre da Costa, 4470-435 Moreira - Maia (Portugal); Tax ID No. 501941320 (hereinafter also known as FUCHS). Purchaser / customer: The natural or legal person having a business relationship with FUCHS, purchasing or enquiring about its products or services.
Order confirmation: The acceptance of the Customer’s order, issued by FUCHS by the usual means.
Products and Services: The object of the business relationship between FUCHS and its customers, in the scope of its business operations.
These General Sales Conditions (GSC) govern the commercial transactions between FUCHS and the customer and enter into force on the date of receipt by FUCHS of the order placed by the customer, confirming acceptance of the terms of these GSC, unless otherwise expressly indicated in this document.
2. Supply conditions
2.1. No term or condition contained in the Customer’s purchase
order may revoke these terms and conditions of sale, unless specifically agreed by FUCHS when confirming the order.
2.2. The delivery of the product will be made in packaging previously communicated to the customer and delivered to its premises under CIF conditions according to the latest INCOTERMS 2010 review, unless otherwise agreed in writing between FUCHS and the customer.
2.3. Once the products are delivered to the customer's premises, the customer shall be fully responsible for the same.
2.4. The unloading operations of the products in tanks at the customer's premises will be his under his responsibility. Notwithstanding the foregoing, FUCHS shall pay the costs of waiting at the customer's premises for up to a maximum of three hours.
2.5. The delivery dates indicated in the order confirmation shall be considered as approximate.
2.6. It is the customer’s responsibility to have the suitable storage capacity available to receive the quantity of the product ordered. The damages caused to FUCHS or to third parties as a result of not having the available storage at the time of delivery shall be borne by the customer.
2.7. In the event of receipt of damaged packages, the customer shall clearly state that situation on the delivery note. If not, FUCHS will not be held liable for later claims.
3. Packaging and Waste Treatment
The packaging in which the product is supplied shall become the property of the customer as soon as FUCHS has received payment in full of the product in accordance with the provisions of clauses 6 and 7 below.
However, in the event of products supplied in containers (containers with a unit capacity of more than 500 litres), FUCHS shall retain ownership of the packaging / container, and the container(s) must be returned to FUCHS as soon as they are empty.
The customer is obliged to inform FUCHS that the container is available for collection. This return must occur within 1 year of delivery to the customer's premises, except for any exceptions duly reported by the customer to FUCHS and approved by the latter. After this period, FUCHS will debit the customer the value of € 80 (eighty euros) for each container not returned. This price is hereby approved by the customer.
Notwithstanding the foregoing, and once the packaging is delivered to the customer's premises, the customer will be fully responsible for the same and, in particular, for their correct management in accordance with applicable regulatory standards, especially those in the fields of safety, environment and treatment of waste.
The product quantity ordered in bulk shall be considered as approximate. The quantity actually delivered will be recorded on the delivery note. The actual amount delivered will try to be adjusted to the amount ordered.
The deliveries may be partial deliveries until the amount ordered is completed.
5. Product Quality
The Customer is perfectly acquainted with the characteristics and specifications of the FUCHS products ordered. FUCHS may not be held responsible for the deterioration of the product or for damage arising from its handling or storage on the Customer’s premises.
In any case, and in general, claims relating to possible quantity and/or quality problems of the products shall be submitted within 15 business days of its delivery.
No return of goods shall be allowed unless the product stated on the order does not match the product delivered, pursuant to the terms and GSC.
Notwithstanding the provisions of the foregoing paragraph, before it is completed, no returns will be accepted more than 6 months after the date of delivery to the customer's premises.
In the case of returns accepted (for reasons attributable to FUCHS) of products supplied and delivered more than three months and less than six months previously, the customer will be credited 50% of the invoiced value, and if the delivery period has been less than 3 months, the amount credited will be 100% of the amount invoiced for that product, provided that the delivery has been paid in full and the product/packaging supplied is in good condition. In the event of an error by the customer in its order and according to the aforementioned, the transportation cost (round-trip), which will have a minimum value of € 50 (fifty euros) + VAT, will be deducted from the credit to be made, as well as, if applicable, the charges for repackaging the product, all without prejudice to the right of FUCHS to claim compensation for the damages and losses caused.
In general, the price of the products supplied is communicated by FUCHS to the customer prior to the purchase order; in the absence of such indication, the price stated in the general price table in force at that time shall apply. VAT or any other duty or tax applicable at the moment of invoicing shall be added to the said amount, in accordance with current legislation.
Once the order has been confirmed and if there is a substantial change to the cost or tax rate payable on the products to be supplied, FUCHS will inform the customer about the corresponding increase and the new price of the products.
These new prices shall apply, unless the customer rejects them in writing within four business days of the date of their communication by FUCHS. In the event of non-acceptance of the prices by the customer, the order will be cancelled without FUCHS being imputed any liability or charges.
8. Special Taxes
The products supplied by the company are not intended for use as motor or heating fuel.
In actual and specific situations, the customer may request exemption from the ISP tax from the competent Customs authority.
9. Implementation of Decree-Law 153/2003, 11/07
FUCHS is registered in the Integrated Waste Oils Management System (SIGOU), having transferred responsibility for the management of waste oils to SOGILUB. The cost of waste oils management is duly identified on the invoice and applied to the products liable to pay such in accordance with the legislation in force.
10. Payment Terms and Conditions
Products supplied will be paid by bank transfer sent to one of the bank accounts identified by FUCHS or by other form of payment sporadically agreed between the parties.
The bank charges that FUCHS has to pay due to the return of cheques or bank direct debits or other charges for which the customer is directly responsible will be charged to the customer.
Non-payment by the customer without any situation of force majeure being claimed by the customer and approved by FUCHS, implies:
a) the payment by the customer of interest for late payment, calculated according to law and at the legal rate in force at the time;
b) FUCHS may delay the performance of orders in its portfolio or even suspend supplies without prior notice to the customer, and no costs or damages may be imputed to FUCHS for taking such action;
c) FUCHS may cancel sales and the granting of credit to the customer without prior notice;
d) the transfer of ownership of the products supplied and delivered to the customer only occurs on the payment in full of the agreed price to FUCHS.
11. Registered Trade Marks and Product Names
The trademarks and names of the products as well as the models of some packaging are registered and owned by FUCHS and protected by the law of Industrial Property.
12. Data Protection
The personal data of the customer of FUCHS will be processed as it is necessary for the invoicing of goods and services, signing and performance of contracts, compliance with legal obligations imposed on FUCHS, the pursuit of the legitimate interests of FUCHS or because such processing has been agreed. The personal data provided by the customer will be processed and stored on paper or computer media, both of which have controlled and limited access. The data are intended to be used by FUCHS for: marketing and sales, customer management, supply of goods and services, accounting, tax and administrative management, litigation management, fraud detection, revenue protection and auditing, network and systems management, control of information security and of physical security, and compliance with legal obligations.
Since FUCHS and the companies belonging to the same economic group operate in several countries, the personal information may circulate between these countries and entities. All these countries and entities are governed by these provisions and by confidentiality and data transfer agreements.
The processing of data for marketing and sales purposes will be done according to the consent option declared by the customer. Consent must be prior, free, informed, specific and unambiguous, expressed in a written statement or through the validation of an option. The customer may object to the processing of its data for marketing and sales purposes at any time.
Personal data are kept for different periods of time, depending on the intended purpose and taking into account legal criteria, the necessity and minimisation of the storage time.
FUCHS may use subcontractors for the processing of personal data, such as for customer management, service provision, billing and litigation management, and these entities are obliged to develop appropriate technical and organisational measures to protect the data and ensure the protection of the rights of the data subject. In certain circumstances, certain personal data may have to be reported to the public authority, such as tax authorities, courts and security forces.
These provisions of Clause 12 may be unilaterally amended at any time by FUCHS. FUCHS undertakes to inform the customer of any amendment, as soon as possible.
13. Force Majeure
FUCHS will not be responsible for the failure to comply with the obligations contracted in its commercial relationship when this is due to situations of force majeure.
The courts of the District of Maia will have sole jurisdiction in the event of dispute.
On the other hand, and if applicable, FUCHS has joined in full the "national centre for information and arbitration of consumer disputes (CNIACC)", whose contact is: NATIONAL CENTRE FOR INFORMATION AND ARBITRATION OF CONSUMER DISPUTES
Faculdade de Direito da Universidade Nova de Lisboa Campus de Campolide
1099-032 Lisboa Telephone: 21 384 7484 (from 15:00 to 17:00)
Website: http://www.arbitragemdeconsumo.org/ https://www.facebook.com/cniacc.
1.0 – Company’s Vision
Diversity through specialization.
Today FUCHS is a worldwide synonym for high performance lubricants and related specialties, for virtually all fields of application and industries.
FUCHS LUBRICANTS, Unip. Lda. aims to be innovative and specialized in its activity, generating value for the customer, reducing the complexity of its range and gradually increasing the awareness of its brand with its customers and general public.
Sustained growth and its ideal integration into the European group strategy will contribute to achieving these objectives.
2.0 – Company’s Mission
The FUCHS mission consists of 3 pillars:LUBRICANTS. TECHNOLOGY. PEOPLE.
and is based on 5 core values: Trust, Creating Value, Respect, Reliability, Integrity
The 3 pillars are:
FUCHS focuses on lubricants and offers solutions for all issues and fields of application in the world of lubricants
FUCHS claims technological leadership in strategically important fields of application and is acknowledged as the number one technology partner by its customers. Not only does FUCHS focus on its own lubricants, it also takes a holistic approach, paying close attention to the processes in place at its customers.
FUCHS dedicated corporate culture, coupled with its loyal and motivated workforce, is the strategic key to its success. Our employees form the basis for this success.
The 5 values are:
Trust is the basis of our self-understanding.
We deliver leading technology and first class service to our customers.
Identify and create FUCHS Value Added.
Provide space for innovation to explore new paths.
Act with an entrepreneurial spirit.
Empower employees with responsibility and accountability.
We acknowledge our responsibility towards our relevant stakeholders, society and environment.Show appreciation and recognition.Act with fairness towards our partners and employees.Foster an open minded discussion culture.
We walk the talk.Committed to technical leadership. Maintain a consistent track record of performance. Act in a responsive and transparent way.
We believe in a high level of ethics and adhere to our Code of Conduct.
3.0 - Quality Policy
FUCHS LUBRIFICANTES aims to protect, retain and develop trade with its customers through a Commitment to Quality and Continuous Product Improvement and Quality of Customer Service.
We implement specific plans for continuous improvement actions in all our processes and services to reduce costs, minimize waste and increase the Quality of all our final products.
Good Safety, Hygiene and Occupational Health and Environment practices are used both to minimize potential hazards to workers and to ensure product safety. We have a duty to respect and protect the environment in all our work practices.
As a professional and responsible company, FUCHS LUBRIFICANTES aims to comply with all regulatory, statutory and legal requirements.
In partnership with our customers, potential customers, suppliers and partners, we develop new products and improve the performance and quality of existing products to meet or exceed your needs.
Quality objectives are set at the relevant roles and levels within the company. When defining objectives, corporate objectives, current and future needs, markets served, outputs of management reviews, current performance of products and processes, and levels of satisfaction of all relevant stakeholders are considered.
These goals are measurable and revised as needed at quarterly intervals: a full review is conducted once a year.
Performance related to the goal objectives is communicated to all staff within the company, through information panels and regular meetings.
Our goal is to achieve excellence in quality of all our services to customers and other relevant stakeholders.
Just as a team, and embracing this policy, we will be able to achieve our stated Mission and deliver Excellence in Total Quality.
This Quality Policy is reviewed annually.
4.0 - Guidelines for Environmental Protection and the Working Environment
In addition to our Quality and Company Policy, FUCHS LUBRIFICANTES, Unip. Lda., has the following guidelines for the protection of the environment and the work environment:
- Environmental protection and protection of employees from accidents and occupational diseases have a high degree of concern in our company. For the management of the company these measures have the same priority as the economic and social needs;
- The conscientious dealing with the environment and the safety of our employees, neighbors and customers is not limited to complying with the norms and laws in force. Our aim is that in our actions we use the best available technical means and that the environmental implications are minimized. For this we aim for safe jobs, without risk of accidents and work diseases;
- We choose our logistics products and services in such a way, that allows us without risks and reduced environmental impact, to provide the client with a safe application and convenient disposal;
- Protection of the environment and the work environment give positive impulses to the longevity in the market of our products. A conscious precaution with the environment and security is the basis of a realistic dialogue and trusting cooperation with clients, public services and the general public. Our suppliers are linked to our environment and safety policy;
- To achieve our goals, we train our employees to carry out their tasks conscientiously and responsibly. The consequences of current acts and ongoing measures are subject to constant monitoring, evaluation and continuous improvement.
Important information for our customers
No data - no market.
The most important objectives of REACH are the improved protection of human health and the environment from the risks associated with chemical substances. At the same time, the intention is to strengthen the competitiveness with the EU.
FUCHS fully supports these objectives and is actively engaged in implementing the regulations. In close cooperation with our suppliers, our experts ensured that all the substances contained in our products were pre-registered before the December 1, 2008 deadline.
The first milestone in the implementation of REACH was thus achieved: FUCHS products will still be available in the future and to the same quality. We will undertake all that is necessary to register our substances and raw materials. For this we will gather precise information concerning the use and application of our products from you, our customers and this registration-relevant information can then be used by us and our suppliers.
Ensuring the conformity of our products with all legislative demands involves considerable effort for our company and we are thus assuming our responsibility for human health, occupational safety and the environment. You will therefore continue to profit from our safe products in the future.
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