General Terms and Conditions of Sale
Application
The Customer acknowledges that these general terms and conditions of sale apply to all commercial transactions, cancelling those previously established, and expressly and irrevocably declares to have received them on this date, to accept them and to undertake to comply with them.
The validity of any exceptional circumstances or additional clauses is subject to written acceptance by CIN, with customary practices being considered merely tolerance and not a revocation of these general terms and conditions.
The granting of authorised reseller status to any customer is subject to express acceptance by CIN and the implementation of the respective resale contract.
Products
CIN ensures that its products comply with the technical and usage specifications contained in the respective technical bulletins, and their application must be carried out in strict compliance with these specifications.
Additionally, and in accordance with Directives 210/75/EU and 2004/42/EC, it is expressly noted that products identified with the V marking may only be used without restrictions during the course of activities carried out within registered and authorised facilities. Their use in small facilities is limited to coatings that do not involve any building components.
Therefore, CIN is not responsible for any improper or illegal use of the products outside the provisions of the previous paragraphs, the results or consequences of which the customer shall be solely responsible.
Prices and payment terms
Deliveries will be invoiced according to the prices listed in the Price List in effect on the date of invoice.
Prices are subject to adjustment at any time without prior notice.
Unless expressly agreed otherwise, payments must be made at CIN’s offices, in accordance with the terms previously established between the parties.
Deliveries on credit require express written approval from CIN. If approved, the customer will be assigned a credit limit, which may change depending on the average monthly purchase volume and payment methods.
Failure to pay within the established deadline or payment made by cheque without funds will result in the immediate, temporary or permanent suspension of further deliveries on credit, as well as the immediate maturity of all remaining outstanding credits in the customer’s name, notwithstanding the right to charge interest at the applicable legal rate and to obtain appropriate judicial collection.
In the event of late payments and well-founded concerns about the customer’s solvency and creditworthiness, CIN reserves the right to demand additional guarantees or advance payments for deliveries not yet due.
The prompt acceptance of a delay in one or more payments does not imply a change to these general terms and conditions of sale or the credit and payment terms and conditions granted to the respective customer.
Until full payment is made, ownership of the products falls to CIN under the terms of Article 409 of the Civil Code.
Orders and Deliveries
Product orders are only valid after formal acceptance by CIN, S.A., and their processing is governed by the provisions of the Order Processing Regulations and Distribution Plan, available on the CIN website at www.cin.com in the Customer Area or by requesting it from the company’s Customer Service Department.
Order receipt
Upon delivery, the customer must examine the order to verify its compliance with what was actually ordered and the delivery note. Lack of any communication will be deemed to be tacit receipt and acceptance.
To prove compliance, the customer must sign the corresponding delivery note, a triplicate of which must be delivered to the carrier or immediately returned to CIN.
Complaints
The application and use of CIN products are beyond the company's control, with responsibility inherent in such application and use therefore lying entirely with the purchaser.
The technical advice provided by CIN, before or after delivery of the products, is merely indicative, given in good faith, and constitutes its best knowledge, taking into account the current state of the art. Therefore, it must be tested and CIN cannot, under any circumstances, be held liable.
Complaints, made in writing and within 10 days of their discovery, will only be accepted for manufacturing defects or non-conformities with the order form.
No complaint will be accepted unless the customer’s obligations regarding receipt of the order are demonstrated and if the delivery documents are not referenced.
CIN’s sole obligation will be, respectively, the replacement or refund of the price already paid for the merchandise recognised as defective, or the replacement of the order. CIN accepts no liability for any other losses or damages.
Returned
Returns will only be admissible if a claim is accepted by CIN, always requiring its prior written consent. Returns must always be accompanied by the appropriate return note, specifying the product and quantity in question, as well as the document number used for the supply.
Nullity
The total or partial nullity of any of the conditions expressed in these general terms and conditions of sale will not affect the full validity of the others.
Jurisdiction
The District Court of Maia shall have jurisdiction to judge and assess all issues arising from these general terms and conditions of sale, including their validity, interpretation and application, expressly waiving any other jurisdiction, unless otherwise required by law.
In the event of a dispute, the Consumer may appeal to one of the following Alternative Dispute Resolution entities for consumer disputes: Consumer Dispute Information and Arbitration Centres of Vale do Ave; Vale do Cávado; Porto; Coimbra; Lisbon; the Algarve or the Portuguese National Centre (email: geral@cniacc.pt), the contact details of which are available at www.consumidor.pt or at www.cniacc.pt, or by phone at +351 213 564 650 (calling from a Portuguese landline).