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TERMOS E CONDIÇÕES

General Conditions of Sale

General Conditions of Sale

I - Introduction

1. All orders signed and accepted by Intertecnimaque - International Trading Lda. implies for the Customer the adherence to the present conditions of sale, which prevail over all stipulations contained in the orders or in the correspondence of the Customers that are contrary to those contained in these General Conditions of Sale, unless accepted by Intertecnimaque in a written document, and with exception to the provisions of the law.
2. The sale of goods by Intertecnimaque is subject to the inclusion of these General Conditions of Sale in the individual contracts and their acceptance by the Customer, which therefore presupposes their careful reading, understanding and prior acceptance. Intertecnimaque is willing to clarify any doubts that may be presented to it about its meaning.
3. Intertecnimaque cannot be held responsible for the consequences for the equipment and the production process of the Client that result from the application of the products and equipment supplied, with the exception of the provisions of the law.
4. Intertecnimaque cannot be held responsible for the services provided when they are adequate to guarantee the proper functioning of the equipment supplied.
5. Orders sent to Intertecnimaque are considered firm and accepted after written confirmation by its management.

II - Prices

1. The prices of the products will be those shown in the Intertecnimaque Price List in force on the date of the order, unless others have been accepted and confirmed in writing.
2. Intertecnimaque's prices are understood to be strictly net for the material existing in the respective warehouses, material that will be transported from its warehouse to the place of delivery at the Client's risk and expense.
3. Even if the freight costs are included in the price, the goods will always be transported at the risk and expense of the Customer, and therefore Intertecnimaque will not accept returns or claims for goods damaged in transit or in loading and unloading operations.
4. The value added tax (VAT) in force on the date of sale or any other tax that, under the terms of the law, is or will be due to the State will apply to the agreed net price.
5. In the event that delivery times are extended due to the fault of the Customer or changes in economic or other circumstances, Intertecnimaque may adjust prices.
6. Prices may be changed by Intertecnimaque at any time, without prior notice.
7. Intertecnimaque, on orders equal to or less than €100.00, reserves the right to apply an administrative fee of €25.00.
8. In the case of special or urgent transport, an additional transport fee may be charged.

III - Delivery Period

1. Unless expressly informed by Intertecnimaque, delivery times are given for purely indicative purposes, subject to the provisions of law.
2. For this reason, non-compliance with merely indicative supply deadlines should not justify the cancellation of the order by the Customer, nor serve as a basis for claiming any compensation from Intertecnimaque, with the exception of the provisions of the law.
3. Likewise, Intertecnimaque declines any responsibility for delay or delay in the supply of goods, when this results from cases of force majeure or acts of God and for which no intentional act or serious fault by Intertecnimaque has contributed, which prevent the manufacture of materials at origin, their shipment or delivery in the country of destination of the equipment, also, in situations of labor problems, damage or destruction in its facilities, wars, revolts, fires, earthquakes, explosions, floods, strikes, lockouts, pandemics, epidemics, decisions by public authorities, orders or failures in telecommunications, electricity supply or source of supply or unavailability of services, products or materials, difficulties in importing or preserving raw materials, or any other contingency beyond its direct control .

IV – Reservation of Ownership

1. All sales on credit are made with reservation of ownership of the goods sold in favor of Intertecnimaque, until full payment of the respective price.
2. Consequently, the right of ownership over the materials supplied will only be transferred to the Customer upon payment of the full price, and the Customer may not, until then, assign the use of the materials, encumber them, dispose of them or move them. theirs, as well as in any other way, in any case, without obtaining prior authorization from Intertecnimaque for this purpose.

V - Warranties

1. Intertecnimaque will place the products ordered in perfect conditions of conservation and use.
2. Intertecnimaque guarantees the functioning of the goods supplied, against all manufacturing defects, for a period of three years, counting from the effective delivery date of the goods to the Customer.
3. Whenever, however, mandatory law imposes a longer warranty period, the period imposed by law will apply.
4. If the goods are not picked up immediately for reasons attributable to the Customer, the period runs from the time of issue of the respective invoice or written information of availability for delivery of said goods.
5. The guarantee provided for in the previous number does not apply to replacements and repairs resulting from normal wear and tear of the material, deterioration or accidents resulting from negligent use, lack of supervision, maintenance or faulty use, as well as the use of products under extreme conditions and outside what are considered normal conditions, as well as a different use of the products in relation to the purpose for which they were manufactured or sold. It also does not apply in the event that the Customer intervenes in the equipment, namely through its repair or attempted repair, in any way or for any other purpose.
6. The existence of a defect must be recognized by Intertecnimaque's technical services and at its facilities. In the event of a defect, the Customer has all the rights conferred by law, namely the right to repair or replace the defective product, which he may exercise, without any additional charges, within the guarantee period provided for above.
7. In order to exercise the rights conferred by this Clause, the Customer must report the lack of conformity to the seller within a period of 30 days or two months from the date on which the defect was detected, depending on whether he uses the goods for commercial or personal purposes. , respectively.
8. The parts to be replaced, under the terms of the aforementioned warranty, must be returned to Intertecnimaque.
9. Intertecnimaque is not responsible for the consequences of the inoperability of the equipment where the component to be repaired or replaced under warranty is integrated, nor does it assume responsibility that may eventually arise for the Customer due to the lack of this equipment, namely breaks in its production, penalties that attributable to it for delays or any other reasons that result from the lack of equipment during the repair or replacement under warranty, with the exception of the provisions of the law.
10. Warranty repairs will be carried out at Intertecnimaque's facilities.
11. Intertecnimaque will not be responsible for damages caused by the acts of its representatives or assistants, in case of slight negligence.

VI - Technical Assistance

1. With the exception of the Customer's rights, during the warranty period referred to above, any technical assistance or provision of services provided by Intertecnimaque must be paid by the Customer.
2. With the exception of the Customer's rights during the aforementioned guarantee period, all material that is susceptible of replacement or repair must be delivered to Intertecnimaque's workshops at the Customer's expense.
3. Customers who request management or technical assistance from Intertecnimaque and place employees or collaborators at its disposal, whether they are subcontractors or contractors contracted and remunerated by the Customer, are obliged to have valid insurance contracts for them against accidents work, as well as respecting applicable safety standards.
4. Intertecnimaque is not responsible for the consequences of the inoperability of the equipment where the component to be repaired or replaced is integrated, nor does it assume responsibility that may eventually arise for the Customer due to the lack of this equipment, namely breaks in its production, penalties imputed by delays or any other reasons resulting from the lack of equipment during repair or replacement, with the exception of the provisions of the law.
5. The customer is also obliged to respect the environmental, health, hygiene and safety rules that are in force.

VII - Studies, Projects and Intellectual and Industrial Property Rights

All studies, drawings, projects and documents, of whatever nature, provided by Intertecnimaque to the Client, are the property of Intertecnimaque, being the holder of all intellectual and industrial property rights that exist over them, and the Client cannot reveal them to third parties or use them for any other purpose, other than the one attributed to them by Intertecnimaque, without obtaining its prior written consent, and such studies, drawings, projects and documents must be returned to Intertecnimaque, as soon as it requests it to the Customer, in writing.

VIII - Credit

1. Credit supplies will only be made after the Customer has requested to open a current account and provided the necessary identification elements, as well as all the information requested for analysis and approval by the credit insurer and by the credit control services. Intertecnimaque credit.
2. The credit limit is the maximum amount that can reach the amount of supplies awaiting payment, including liability for letters or dated checks, which are considered settled only after effective payment. The assigned credit limit is communicated to the Customer.
3. If the Customer does not respect, individually or repeatedly, the terms and conditions of payment agreed, or has reached the defined credit limit, supplies will be automatically suspended, with the credit being immediately blocked in Intertecnimaque's computer system.
4. The purchase and sale contracts cannot be considered functional or otherwise linked to the credit agreement, being independent from each other.

IX - Payments

1. All invoices must be paid, with the exception of the provisions of the law, at the headquarters of Intertecnimaque.
2. If payment must be made in installments, the lack of timely payment of a single installment, by the Customer, determines the immediate maturity of the following installments, without prejudice to mandatory law that provides otherwise.
3. Non-payment of an invoice, in accordance with the contractually stipulated conditions, gives Intertecnimaque the right to immediately suspend any new supplies.
4. If the Customer is in arrears in fulfilling any installment, on the amount owed, and during the period in which it is in arrears, interest will be charged at the supplementary legal rate for commercial obligations, plus five percentage points.
5. For supplies with a value equal to or less than €100.00, payment must be made upon delivery of the products, regardless of whether the customer has credit or not.
6. In the event of non-payment of the price corresponding to the agreed conditions, the Customer will bear all judicial and extrajudicial expenses, namely, the fees of its legal representatives, related to the filing of the competent legal actions.
7. Under no circumstances may the Client refuse to pay Intertecnimaque for the goods and services provided, or make any reduction or compensation, without prior written authorization from Intertecnimaque.

X - Buyer's Insolvency

1. Whenever Intertecnimaque has well-founded reasons to believe that the Customer is experiencing financial difficulties, with the risk of insolvency, it may refuse delivery of the products and terminate the purchase and sale contract.

XI – Receipt of Material

1. Whatever its destination, the risk of deterioration or perishing is transferred to the Customer as soon as the goods leave Intertecnimaque's premises, without prejudice to the provisions of the law on the Customer's rights during the warranty period. However, if the material remains at Intertecnimaque's premises for the Customer's convenience, or because the Customer is late in picking it up, the risk is transferred immediately.
2. Without prejudice to the Customer's rights during the warranty period, transport, packaging, insurance and customs costs, if any, as well as those relating to the shipment of materials, are the responsibility of the Customer.
3. The materials sold, even if sent postage paid, will be transported at the risk and expense of the Customer, who must exercise his rights against the carrier in the event of shortage, loss, damage or delay.
4. All goods and equipment must be checked by the Customer or the recipient indicated by him.
5. In case of lack, loss or damage to the material, its condition must be verified at the time of unloading, and the applicable reservations must be made immediately, on the waybill, against the signature of the carrier or its legal representative , under the terms of the applicable legislation.
6. Reservations must be confirmed, by the Customer, by registered letter to be sent to the carrier, within eight calendar days, counting from the date of receipt of the goods.
7. If the aforementioned formalities are not complied with, Intertecnimaque will not be liable for any damages.
8. Whenever the goods sold by Intertecnimaque are not delivered to the Customer at Intertecnimaque's warehouses, but elsewhere, the clauses of these General Conditions of Sale will be interpreted, for all purposes, as referring to Intertecnimaque's warehouses.

XII - Cancellation and/or Return of Orders

1. Without prejudice to the provisions regarding defects in the products sold, if the Customer intends to cancel or return an order, he will always have to notify Intertecnimaque first and in writing, who is the one who has the option to accept the respective cancellation or return.
2. If Intertecnimaque accepts the respective cancellation or return, it will communicate, in writing, to the Customer under which conditions such requests will be accepted, being able to debit up to 20% of the total of the order referring to administrative costs, as well as debiting other costs related to the cancellation or return of the order.
3. Intertecnimaque may deny the cancellation or return of the order, in certain situations, namely when:
a) The material is manufactured exclusively for the Customer;
b) The material is not in stock and was purchased exclusively for the Customer;
c) The material was supplied more than 15 days ago;
d) The material has been used or shows signs of poor handling;
e) The material is in poor condition when received at Intertecnimaque's facilities.

XIII - Duty to Information

The Customer who exports, intends to export or resell to third parties the goods purchased from Intertecnimaque to the United States of America, Canada, Mexico or Russia must previously inform the latter of that resale/export purpose, so that Intertecnimaque can arrange the sale of the goods with the conditions of its insurance policy and inform the Customer accordingly.

XIV - Communications Between the Parties

Written notifications sent by Intertecnimaque to the Customer will be sent to the address indicated in the order, and Intertecnimaque must be immediately informed of any changes. Written notifications sent by the Client to Intertecnimaque must be sent to its registered office. When registered, written communications from one party to another are presumed to have been received, unless there is evidence to the contrary, on the third day after dispatch, or on the first following business day, if that is not the case.

XV - Contract Termination

1. The purchase and sale contract may be terminated by Intertecnimaque, if the Customer does not pay any of the installments of the price to which he is bound, without prejudice to mandatory law that provides otherwise.
2. In such a situation, the Customer is obliged to return the material supplied, within a period of eight calendar days, counting from the date on which Intertecnimaque notifies him, in writing, of the decision to terminate the contract, as well as reimburse the Intertecnimaque for any transport costs and, as well, for any losses suffered by the material in question.

XVI – Jurisdiction and Applicable Law

1. The jurisdiction of the District of Porto will be competent to resolve any issues arising from these general conditions, with express waiver of any other, without prejudice to mandatory law that provides otherwise.
2. The law applicable to purchase and sale contracts entered into pursuant to these General Conditions of Sale is Portuguese law.

XVII - Protection of Personal Data

1. In the case of transmission of personal data by the Client to Intertecnimaque, or from Intertecnimaque to the Client, the Client guarantees that it has complied with the applicable national legislation on privacy and protection of personal data, as well as compliance with general regulations of data protection (GDPR).
2. Intertecnimaque ensures compliance with the national legislation in force on the protection of personal data and Regulation 2016/679 of April 27, 2016. Personal data is preserved with appropriate technical/organizational safeguards and measures.
3. In compliance with the provisions of law n.º 67/98 of October 26 (law on the protection of personal data) the holder may at any time exercise the right of access, rectification, cancellation of his data.

XVIII - Communication and Information

1. These General Sales Conditions are communicated to the Customer through their inclusion in the proposal, in the order confirmation or in the transport and sales documents (delivery note and invoice).
2. Any questions that the Customer wishes to have clarified about the terms of these General Sales Conditions should be addressed to Intertecnimaque by letter sent to its registered office, by email to the address geral@itecma.pt, by telephone to the number + 351 255 864 160.
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