GENERAL TERMS AND CONDITIONS OF ONLINE PURCHASE AND SALE
1. GENERAL PROVISIONS
1.1. These General Conditions of Sale apply to all transactions conducted by GALUCHO, whether involving the sale of products or the provision of services.
1.2. The submission of orders and/or service requests by the DEALER/CUSTOMER implies full and unreserved acceptance of and adherence to GALUCHO’s General Conditions of Sale.
2. DEALER/CUSTOMER
2.1. GALUCHO, with registered office in S. João das Lampas, Sintra, will recognise its status as a DEALER/CUSTOMER for the sale of tipper bodies, agricultural and transport trailers and semi-trailers, agricultural machinery and accessories, to legal entities that are GALUCHO CUSTOMERS and that operate in the trade of trucks, machinery, trailers, parts, and accessories.
2.2. Candidates for DEALER/CUSTOMER status must meet the requirements set forth by GALUCHO, which may refuse, suspend, or revoke such status whenever any of the following conditions are found to exist, either separately or cumulatively: lack of good standing, breaches of business ethics, contractual breaches, late payments, insufficient promotion or lack of commercial interest in GALUCHO, failure to comply with the requirements for granting DEALER/CUSTOMER status, as well as any other circumstances likely to affect GALUCHO’s legitimate commercial, reputational, or economic interests.
3. ORDERS
3.1. All orders will be placed on the basis of the nomenclature used by GALUCHO in its Catalogues or Price Lists.
3.2. Orders can be placed via the reserved area available to each DEALER/CUSTOMER on GALUCHO’s website. However, no product ordered may be delivered or dispatched without receipt of the respective written request issued by the DEALER/CUSTOMER.
3.3. GALUCHO shall only be considered bound by acceptance if the DEALER/CUSTOMER has regularised its debtor status.
3.4. GALUCHO assumes no liability for incorrect specifications in the order, particularly with regard to the suitability of the equipment for use. Whenever the DEALER/CUSTOMER has any doubts about a particular piece of equipment, it should contact our Sales or After-Sales Service who will provide it with all the necessary technical information.
3.5. GALUCHO guarantees the supply of parts and accessories for five years from the day the equipment ceases to be part of the manufacturing range.
3.6. After the delivery date, the return of equipment will not be accepted, nor will the return of equipment in which alterations have been made or equipment that is not part of the current manufacturing range.
4. GROSS TARE WEIGHT OF EQUIPMENT
GALUCHO reserves the right to present the gross tare weight of each piece of equipment with a variation, positive or negative, of up to 4% of the advertised gross tare weight.
5. RESERVATION OF OWNERSHIP
5.1. All equipment ordered and delivered to the DEALERS/CUSTOMER remains the property of GALUCHO until full payment has been made. If there are other outstanding or future receivables owed by the DEALERS/CUSTOMER, the retention of title shall remain in effect until full payment of all amounts due.
5.2. In the event of an attempt by a third party to attach any equipment belonging to GALUCHO, the DEALER/CUSTOMER must indicate GALUCHO’s ownership or co-ownership and immediately notify GALUCHO in writing, providing all relevant details, including: case number, date of attachment, identification of the creditor, the creditor’s representative, and the rights claimed.
5.3. All costs related to safeguarding GALUCHO’s property shall be the sole responsibility of the DEALER/CUSTOMER, including any charges, expenses, or court fees.
5.4. If the DEALER/CUSTOMER remains in default for a period exceeding 8 (eight) days from receipt of the notice to settle the amounts owed, GALUCHO reserves the right to retain any goods still in its possession and may refuse to release them until all amounts due have been paid in full.
6. COMMERCIALISATION MARGINS
The DEALER/CUSTOMER shall be solely responsible for any speculation, fraud, or other violations regarding retail prices, as well as any commercial or promotional practices that violate applicable law or the commercial terms established by GALUCHO. GALUCHO shall not be held liable for any fault or responsibility arising from such events.
7. SALES
7.1. Equipment labelled “GALUCHO” is sold in compliance with these General Conditions of Sale.
7.2. Sales are made at the prices and under the conditions of the lists in force on the date of delivery.
8. PRICES
8.1. GALUCHO will always issue retail price lists, both for equipment and for accessories and components. These lists will be updated whenever production costs increase and/or market conditions change, without the need for prior notice, and will only serve as a reference for the DEALERS/CUSTOMERS, who will use them as a basis for calculating their retail prices.
8.2. Each new list issued will cancel the previous one and the prices to be invoiced will always be those in force on the date of delivery of the equipment and accessories, regardless of the date of their requisition or order.
8.3. The prices Ex Works indicated in the lists are understood to be for products delivered at GALUCHO to the DEALERS/CUSTOMERS. From this location they will be transported at the expense and responsibility of the DEALERS/CUSTOMERS.
9. VAT
The prices indicated in the lists must be increased by Value Added Tax at the applicable legal rate depending on the type of equipment.
10. PAYMENTS
10.1. Payments for supplies made by GALUCHO will be made by one of the following methods: Cheque to the order of “Galucho – Indústrias Metalomecânicas, SA”; bank transfer or bank deposit.
10.2. Failure to comply with the agreed payment terms entitles GALUCHO to:
a) Charge the DEALER/CUSTOMER interest on late payments, at the statutory default rate, from the due date of the obligation until its full fulfilment.
b) Cancel or suspend the supply of orders in the same DEALER/CUSTOMER’s portfolio unless payment is made against delivery in cash or by deposit.
c) Terminate the contract at any time, whenever the DEALER/CUSTOMER owes GALUCHO amounts with a moratorium of more than 90 (ninety) days.
10.3. Any claims for supplies already made will not legitimise refusal to pay for other supplies.
11. IMMOBILIZATION AND PARKING FEE
11.1. GALUCHO reserves the right to require the DEALER/CUSTOMER to pay a daily Immobilization and Parking Fee, in cases where the DEALER/CUSTOMER does not collect the equipment from GALUCHO’s facilities within the contractually agreed terms, after 15 days from the delivery and completion date of the equipment as communicated by GALUCHO.
11.2. The Immobilization and Parking Fee will be €100.00 (one hundred euros) per day, plus VAT at the legal rate in force, for each day of delay in collecting the equipment. This fee must be paid by the DEALER/CLIENT in advance of the equipment delivery.
11.3. GALUCHO also reserves the right to refuse delivery of the equipment to the DEALER/CUSTOMER until all amounts due have been paid in full, including, but not limited to, payment of the Immobilization and Parking Fee that may be due to GALUCHO.
12. EQUIPMENT DEMONSTRATIONS
12.1. Equipment demonstrations are used, in particular, to promote sales and make users aware of the products that GALUCHO manufactures and that DEALERS/CUSTOMERS sell/buy.
12.2. For the demonstrations to be successful, it is essential that the tractor-equipment combination is selected as appropriately as possible. To this end, the DEALER/CUSTOMER must inform GALUCHO of the date of the demonstration at least thirty days in advance.
12.3. With regard to the equipment chosen for the demonstrations, only equipment from competing manufacturers, domestic or foreign, will be accepted, provided that these products are not part of GALUCHO’s manufacturing range.
13. GALUCHO EQUIPMENT EXHIBITION
13.1. With regard to the display and presentation of GALUCHO equipment, DEALERS/CUSTOMERS are always required to have the appropriate conditions and knowledge for its operation.
13.2. To this end, DEALERS/CUSTOMERS must stock spare parts in compliance with the needs of the CUSTOMERS, and must always recommend original parts.
14. WARRANTY AND AFTER-SALES SERVICE CONDITIONS
14.1. In compliance with the Machinery Directive/EC, GALUCHO:
a) Manufactures its equipment in compliance with applicable safety standards, particularly with regard to the protection of moving parts;
b) Always issues a Certificate of Compliance, stating the rules and regulations complied with;
c) Issues a User Manual and Parts Catalogue for each piece of equipment.
14.2. The DEALER/CUSTOMER undertakes to deliver to the end user:
a) The fixed or removable safety devices belonging to each piece of equipment;
b) The Certificate of Compliance and the User Manual with Parts Catalogue for each piece of equipment.
14.3. GALUCHO assigns a Warranty to each piece of equipment for a period of 12 (twelve) months from the date of delivery and against manufacturing and/or assembly defects, under the terms expressly set forth in these General Conditions of Sale.
14.4. This Warranty only includes the supply, for replacement, of accessories or components proven to be poorly manufactured or assembled, and never covers payment for labour or travel.
14.5. The warranty assumes that the equipment is used under normal working conditions and in compliance with the instructions in the User Manual.
14.6. The warranty does not cover:
a) Damage caused by use not in compliance with the instructions in the User Manual, use for a purpose other than that for which the products were designed, negligent or improper use, and by causes external to the equipment;
b) Natural wear and tear of the equipment;
c) Equipment whose interior has been tampered with (dismantled, separated or modified in its factory characteristics, except in cases where this modification corresponds to na option of use expressly provided for in the equipment’s User Manual or is the result of a technical repair carried out under warranty);
d) The replacement of any accessory or component with one that is not manufactured by GALUCHO or recommended by GALUCHO;
e) Any repair or alteration made during the warranty period without GALUCHO’s knowledge and without the necessary authorisation.
14.7. Components not manufactured by GALUCHO, such as tyres, rims, cardan transmissions, which are the sole responsibility of the respective manufacturers, are not covered by the Warranty. In this case, GALUCHO may only act as a mediator between the CUSTOMER and the respective manufacturer when requested to do so. The latter’s decision will be communicated to the claimant, along with all its consequences.
14.8. GALUCHO assumes no liability for any period of immobilisation of the equipment, and the CUSTOMER may not demand payment of any compensation, consequential damages, loss of profits or any other amount for immobilisation of the equipment, particularly for reasons of repair and/or after-sales assistance.
14.9. GALUCHO may require the DEALER/CUSTOMER to pay €150.00/day for each piece of equipment parked at GALUCHO’s premises if the DEALER/CUSTOMER fails to collect the equipment or authorise delivery within 30 (thirty) days of the invoice being issued.
14.10. The engravings and technical elements contained in the Catalogues and Price List are indicative and may be altered without prior notice, without any liability on the part of GALUCHO.
14.11. The power ratings indicated by GALUCHO in the Catalogues, Price List and other documentation as necessary for any GALUCHO manufactured equipment may vary according to the different types and condition of the soil, the ability and experience of the operator, the condition of the tractor and its adherence to the terrain where it is working. In other words, they vary according to the degree of efficiency in assessing the power required.
15. CLAIMS
15.1. GALUCHO has a claims handling system which guarantees that all non-conformities found in its equipment are duly analysed and dealt with, through specific procedure created for this purpose. Thus, not only is a computerised record of anomalous situations established and maintained, but appropriate corrective action is also taken (where appropriate) in order to prevent further occurrences.
15.2. All claims must be communicated by the DEALERS/CUSTOMERS to GALUCHO by accessing the reserved area made available to each DEALER/CUSTOMER on GALUCHO’s website and correctly completing the “After-Sales Assistance Request”, with all the applicable descriptions. The deadline for submitting these claims is ten days from the date of the occurrence or detection of the non-compliance. If the DEALER/ CUSTOMER does not fulfil its obligation to check and complain within ten days of receiving the equipment, the right to submit a claim for manufacturing and/or assembly defects under the warranty is excluded.
15.3. The parts and accessories that are the subject of the claim must be sent for examination by GALUCHO’s Technical Services and Quality Department.
15.4. In the case of components or assemblies that are sent separately to be analysed at GALUCHO’s premises, new components will be sent immediately, if requested, and will be invoiced, in order to avoid delays and service stoppages for DEALERS/CUSTOMERS. In case of defects in materials, manufacture or design, the invoiced amount will be credited.
16. RESOLUTION
16.1. GALUCHO has the right to terminate, in whole or in part, the Commercial Contract with immediate effect in the following cases:
a) Failure to comply with the General Conditions of Sale and/or Special Conditions.
b) The subjection to insolvency proceedings, the judicial or extrajudicial liquidation of the DEALER/CUSTOMER, the reduction of the guarantees provided or, in general, any modification of its legal structure that affects its solvency.
c) Termination, for whatever reason, even if only de facto termination, of the activity of the DEALER/CUSTOMER.
d) The occurrence of any other grounds for cancellation provided for in the Contract or in the Law, in particular, but not excluding, those indicated in the Clause on Payments in these General Conditions of Sale.
16.2. In the event of termination of the Contract pursuant to the preceding paragraph, GALUCHO may:
a) Demand the immediate return of the equipment supplied under retention of title, regardless of its location or condition;
b) Collect or recover such equipment, either directly or through third parties authorized for that purpose;
c) Retain any goods still in its possession until all amounts due have been paid in full;
d) Demand compensation for all damages and losses suffered as a result of the breach.
17. COMPLAINT
17.1. This contract may be cancelled at any time by either party by giving 60 (sixty) days’ notice by registered mail with acknowledgement of receipt.
17.2. Termination of the contract under the terms of this clause shall not give rise to the payment of any compensation.
17.3. Complaint on the initiative of the DEALER/CUSTOMER only takes effect once the DEALER/CUSTOMER has paid in full all amounts owed to GALUCHO.
18. PENALTY CLAUSE
In case of late payment of an invoice and its continuation after the DEALER/CUSTOMER has been called upon by GALUCHO to pay, the DEALER/CUSTOMER must pay GALUCHO, in addition to the amount relating to the principal debt and respective interest, na amount corresponding to 15% of the amount owed, as a penalty clause.
19. PRIVACY AND DATA PROCESSING POLICY
19.1. These General Conditions of Sale comply with all applicable EU and national legal regulations in the field of data protection, privacy and security of the personal information of DEALERS/CUSTOMERS, in compliance with the terms of the Privacy Policy which can be found at www.galucho.pt.
19.2. GALUCHO collects and processes personal data exclusively for the purposes of using, registering and managing purchases made, as well as for the purposes of communicating the products and services made available by GALUCHO, and the legitimacy of processing personal data is based, depending on the case, on the contractual relationship, the consent of the data subjects or the pursuit of legitimate interests.
19.3. Personal data processed in the context of GALUCHO sales will be kept for the period necessary to fulfil the purposes of the processing, in compliance with the legal deadlines laid down, and it will be possible for DEALERS/CUSTOMERS to request, at any time, the withdrawal of consent, opposition to or limitation of the processing, its erasure or to exercise any other data protection right.
19.4. The DEALERS/CUSTOMERS’ personal data is processed exclusively by GALUCHO, and no data is communicated to third parties.
19.5. GALUCHO facilitates the exercise of the rights of DEALERS/CUSTOMERS who use GALUCHO’s website for online sales with regard to the protection of personal data. In addition to always being able to lodge a complaint with the respective supervisory authority, for any information or to exercise any type of data protection rights, namely the rights to information, access, rectification, opposition, limitation of processing or erasure, data subjects can contact GALUCHO’s Data Protection Officer by email at [email protected], describing the subject of the request and providing an email address, telephone contact address or correspondence address for reply.
20. ETHICS AND COMPLIANCE
20.1. The DEALER/CUSTOMER declares that it complies, both in letter and in spirit, with all the laws and regulations applicable to it with regard to health and safety at work, human rights, labour legislation, environmental protection, prevention of corruption, money laundering and terrorismo financing, protection of personal data, financial transparency, taxation and competition, and undertakes to comply at all times with such laws and regulations.
20.2. The DEALER/CUSTOMER undertakes to comply with GALUCHO’s policy on the prevention of corruption, which is published on GALUCHO’s website and with which the DEALER/CUSTOMER declares to be familiar.
20.3. The DEALER/CUSTOMER undertakes to comply with any reasonable request for information made by GALUCHO to ensure compliance with the aforementioned provisions.
20.4. In the event of a breach of this clause or if the name of the DEALER/CUSTOMER (or any of its directors or principal shareholders) becomes associated with an ethical breach, GALUCHO reserves the right to terminate the contract with the DEALER/CUSTOMER with immediate effect, and the DEALER/CUSTOMER must indemnify GALUCHO and its directors, executives, employees, agents and affiliates for all losses it may suffer as a result of a breach of this Clause.
21. INTELLECTUAL PROPERTY
The DEALER/CUSTOMER acknowledges and consents that all copyright, trademark and other intellectual property rights on the equipment or content supplied are, at all times, owned by GALUCHO and may only be used in the manner expressly authorised.
22. CONTRACT REDUCTION
The total or partial invalidity of any provision of the Contract shall not affect the validity of the remaining provisions, unless the interested Party demonstrates that the purpose pursued by GALUCHO and the DEALER/CUSTOMER allows it to be assumed that they would not have concluded the deal without the vitiated part.
23. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Sale are governed by Portuguese law. For any question of interpretation and application arising from this Contract, the Sintra District Court shall have jurisdiction, with the parties expressly waiving any other jurisdiction.
24. CHANGES
These General Conditions of Sale may be amended at any time by GALUCHO’s unilateral decision, only taking effect on sales made after their entry into force.
The parties declare that all previous versions of the General Conditions of Sale are null and void and that relations between the DEALER/CUSTOMER and GALUCHO are now governed by these General Conditions of Sale.
GALUCHO
Sintra
São João das Lampas
June 25, 2026