1. Scope of application
All supplies and services associated with them, made by Seller, will be exclusively based on these General Conditions of Sale. Any references made by Buyer to its general terms and conditions shall be deemed hereby rejected. Seller's General Conditions of Sale shall also apply to all future transactions. Any departure from these General Conditions of Sale, requires prior approval, express written Seller.
2. Product quality, specimens and samples; Guarantees
Unless otherwise agreed upon, the quality of the products is determined solely by Seller's product specifications. Uses identified under the European Chemicals Regulation (REACH) applicable to the goods shall not represent an agreement as to the contractual quality of the products or the use defined under this contract.
The properties of the specimens and samples shall be binding only to the extent that they have been explicitly agreed to describe the quality of the products.
The quality and shelf-life data, as well as other data, are only collateral if they have been agreed and designated as such.
Any information provided by Seller, is to the best of your knowledge. Any advice and information regarding the suitability and application of the products will not relieve the Buyer from undertaking its own investigations and tests.
If Seller's prices or payment terms are generally changed between the date of the contract and the date of shipment, Seller may apply the price or terms of payment in effect at the.date of shipment. In the event of a price increase, Buyer shall have the exclusive right to terminate the contract, upon notice to Seller, to effect within 14 days after notice of the price increase.
The delivery will be made under the terms established in the contract. The commercial terminology will be interpreted in accordance with the INCOTERMS in force on the date of conclusion of the contract.
The prices indicated in the price list refer to products loaded in the Sintra warehouse, except for exceptions noted. Upon customer's request and subject to confirmed acceptance in writing, the Piscinas Brandão may provide a price for the transportation of the materials to a location designated by them. There is currently a price list for deliveries from the Sintra arehouse, depending on the quantities and the postal zone of the delivery location.
Any claim for deterioration caused by transportation must be communicated in writing within 48 hours of receipt of the order. Delivery times are given for information only. The non delivery of the products within the period indicated, will give the customer the right to cancel the order, but expressly agreeing to waive any other right to compensation, for whatever title, if that indicated period is exceeded.
All deliveries delivered in accordance with the customer's formal "order form" or confirmation thereof submitted in writing to the seller by the same, can not be exchanged or retaken. Any provision contrary to this principle will always depend on the prior written agreement of Piscinas Brandão. The packaging that has been started, soiled, dented, can not under any circumstances be resumed.
8. Compliance with legal requirements
Buyer is responsible for compliance with all laws and regulations regarding the storage and use of the products.
9. Delay in payment
Failure to pay within the stipulated timeframe, by Buyer, shall constitute a fundamental breach of contractual obligations.
In the event of default or non-payment of the price by Buyer, Seller shall be entitled to charge and charge interest on the amount owing to the rate applicable to commercial claims.
Any delay or irregularity in payments will give the seller the right to terminate or suspend the execution of this contract or others that are in progress. When the parties have agreed that the price would be paid in installments, the lack of timely liquidation of any of them determines the immediate maturity of the remaining ones.
10. Buyer's rights to defective products.
The subject matter of the rights and duties of the Seller and Buyer, in relation to defective products, shall apply to:
If the Buyer is a final consumer, understood as such to whom services are provided, supplied goods or transmitted rights for non-professional use, the system of consumer protection defined, namely, in DECREE-LAW No. 67 1 2003, of 8 April;
If the Buyer is not a consumer, in the sense referred to in the previous paragraph, in particular, if he applies the products for professional use, the legal regime provided for in Article 913 et seq. Of the Civil Code, in which case, Of the defect of the product of 30 days after the knowledge of the same, and must be exercised within a period of 6 months after the delivery of the thing sold.
In any event, the Purchaser shall notify Seller in writing of the defect, accurately describing the nature and extent of the defects it invokes.
The Seller will be generally responsible for the damages caused to the Buyer under the legally established terms in civil liability matters.
Seller shall not be liable to Buyer in case of impossibility or delay in meeting its delivery obligations if the impossibility or delay is due to compliance with regulatory and / or legal obligations associated with the fact that the European Regulation on Chemicals (REACH) has been triggered by the Purchaser.
The Purchaser may only offset the rights of the Seller with a right of his previously accepted or not disputed by the same Seller.
13. Security deposit
If there is reasonable doubt as to Buyer's creditworthiness, especially in the event of late payment of the price, Seller may, without prejudice to other rights or claims, revoke credit terms and condition further supplies for anticipated payment or other collateral.
14. Reservation of property
The products shall remain the property of Seller until full payment of the price.
Seller may claim possession of the products by virtue of the reservation of ownership and regardless of whether or not it has terminated the contract.
15. Force majeure
To the extent that any incident or circumstance beyond Seller's control (Including acts of nature, war, strikes, lockouts, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, Acts of authority or otherwise), reduce the availability of the products of the factory from which the Seller receives the products in such a way that the Seller is unable to fulfill its obligations under this contract, Seller shall be exempt from the obligations under this contract In so far as it is prevented from complying with them and has no obligation to obtain.
The first case is also applicable to the extent that such incident or circumstance takes the unenforceable contractual compliance from a commercial point of view to the Seller for a long period or that occurs with Seller's own suppliers. If such events last for more than 3 months, Seller shall be entitled to terminate the contract without Buyer being entitled to any compensation.
16. Place of payment
Regardless of the place of delivery of the products or documents, or of the location of the Buyer's headquarters or location, the place of payment shall be the Seller's headquarters.
The notices or communications that have to be issued by any of the parties, will only be considered made upon receipt of the counterparty. If a deadline has to be observed, the notice or communication must be received by the recipient within the same period.
In order to resolve all issues arising out of Seller-Buyer relations, named but not exclusively related to the obligation to pay the price of the products supplied, the parties shall elect the venue of the Seller if the Buyer is a legal person, if it is a Person shall be the place of domicile of the latter.
19. Applicable law
The contract or the contracts that will be concluded between Seller and Buyer, will be governed by the law of the Portuguese Republic.
20. Language of contract
The language of the contract and the relationship between Seller and Buyer shall be the Portuguese language. If the present General Conditions of Sale are made known to the Buyer in another language, in addition to the language of the contract, this is of convenience to the Buyer. In case of differences of interpretation, the language version of the contract shall prevail.
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