Terms and Conditions of Sale to End Users and Unnamed Distributors of Ecera Trading
We understand that:
- “Ecera Trading”, “we”, “our”, “us” refers to the website located at eceratrading.com.
- “User”, “Customer”, “you”, “he”, “she” refers to the person accessing our website.
1. Acceptance of Terms
By purchasing and accepting the delivery of products supplied by Ecera Trading (“Products”), you agree to these terms and conditions (“Terms and Conditions”). Any other terms and conditions contained in any order form or other document submitted to you that are inconsistent or conflicting will be considered null and void and without effect.
2. Amendments
Once submitted, your order(s) may only be modified with the prior and express approval of Ecera Trading. Such changes may require different terms, including changes to price and/or delivery timelines. Orders cannot be canceled after submission unless explicitly approved in writing by Ecera Trading, and this approval may be conditioned upon payment of any costs or other expenses incurred by Ecera Trading, including, but not limited to, storage and transportation fees, production costs for non-standard materials, non-returnable material purchase costs, cancellation costs imposed on Ecera Trading by suppliers, and any other costs resulting from the cancellation. A cost invoice, certified by a director or another authorized representative of Ecera Trading, will be issued for the collection of such costs. Ecera Trading reserves the right to cancel any order, in whole or in part, if the customer violates these terms and conditions or if the customer is declared bankrupt, insolvent, dissolved, undergoes judicial or extrajudicial recovery processes, or any event occurs that leads Ecera Trading to reasonably question the customer’s solvency.
3. Deliveries and Claims
All sales will be delivered as specified by Ecera Trading at the time of the order, and you agree to pay all transportation and handling costs. The normal method of transportation for each item is listed in the catalog, in the online store showcase of Ecera Trading. However, Ecera Trading reserves the right to determine, at its sole discretion, without additional cost to those already agreed upon, the exact method of transport for any specific shipment. Ecera Trading reserves the right to make partial deliveries, each of which will be invoiced separately and paid when due, according to the invoice, without considering subsequent deliveries. A delay in the delivery of any partial shipment will not exempt you from your obligation to accept the remaining deliveries. Immediately upon receiving any Products shipped in accordance with this agreement, you must inspect them and notify Ecera Trading in writing of any claims regarding shortages, defects, or damage, keeping the Products until Ecera Trading provides instructions on their disposal. If you do not notify Ecera Trading within seven days after receiving the Products, it will be deemed conclusively that the Products are in accordance with the terms and conditions of this agreement and have been irrevocably accepted by you.
4. Delays
Ecera Trading will not be liable for any loss, damage, or fine resulting from any delay or failure of manufacturing, delivery, or otherwise, caused by force majeure or fortuitous events, including, but not limited to, failed reactions, actions committed by you, embargo or other act, regulation, or government request affecting the operations of Ecera Trading, fire, explosion, accident, theft, vandalism, riot, belligerent acts, strikes, or other labor difficulties, lightning, floods, storms, or other fortuitous events, transportation delays, or inability to obtain necessary labor, fuel, materials, supplies, or energy at prevailing prices. If any of these events persist for more than 180 days, either party may cancel the order, and you shall pay Ecera Trading for work performed or products already delivered before the cancellation, as well as all reasonable expenses incurred by Ecera Trading for the completed supply. In case of delays caused by force majeure, fortuitous events, or by you, the delivery date for the products or performance of services will be extended by the period of delay actually experienced by Ecera Trading or as mutually agreed.
5. Allocation of Products
If Ecera Trading, for any reason, is unable to fulfill the total product requirements specified in your order, it may allocate the available supply among any or all customers (including Ecera Trading distributors).
6. Payment and Interest
Unless otherwise agreed, full payment will be made within the timeframe granted to the customer after receiving the invoice. Ecera Trading reserves the right to require an advance deposit of up to 100% of the purchase price at the time of the order or at any time before delivery as a condition for processing the order. If Ecera Trading deems, at its sole discretion, that the receipt of the purchase price is uncertain, it may delay or postpone the delivery of Products and, at its discretion, change the payment terms to require full or partial advance payment for all products not yet delivered. In the event of your failure to pay the purchase price or otherwise, Ecera Trading may, at its discretion and without prejudice to any other legal remedies available, defer delivery, cancel your order and any other orders, or sell any undelivered products in its possession, applying the proceeds as credit, without any compensation or deduction, against the agreed purchase price. You agree to pay Ecera Trading the balance then due upon request. You agree to pay all costs, including, but not limited to, reasonable legal and accounting fees, as well as other collection expenses resulting from any default on your part of any terms of this agreement. Invoices not paid by their due date will be subject to an interest rate of 1.0% per month, in addition to monetary correction according to the variation of IPC-A/IBGE or, if not available, the index used by the Central Bank of Brazil to define its inflation policy. You are obligated to pay all collection costs for unpaid amounts, including (but not limited to) attorney’s fees and related costs.
7. Taxes and Other Fees
Any taxes on the sale will be paid by the taxpayer as defined by law.
8. Prices
Any quotation provided by Ecera Trading will be valid only if you submit the corresponding order within the specified time frame, or if no time frame is mentioned, within 30 days. You are required to request the shipment of the full quantity of Products ordered within 6 months from the order date, otherwise, Ecera Trading’s standard prices at the time of shipment may apply for future deliveries, at Ecera Trading’s discretion.
9. Price Changes
Notwithstanding any price quotations or prices listed by Ecera Trading, if, at any time before delivery, the material costs of Ecera Trading increase by 10% or more, Ecera Trading may cancel any orders accepted but not yet delivered, or condition the continuation of any order on your agreement to a corresponding price increase.
10. Warranties
Ecera Trading guarantees that its products, at the time of delivery, will comply with the description of these products provided to you by Ecera Trading through the catalog, online store display, analytical data, or other valid literature at the time. THIS WARRANTY IS EXCLUSIVE, AND ECERA TRADING MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Ecera Trading’s warranties with respect to this sale will be void if Ecera Trading determines that you have misused the Products in any way, failed to use the Products in accordance with industry standards and practices, or failed to use the Products in compliance with any instructions, if provided, from Ecera Trading. The full warranty continues from this point.