General Terms and Conditions of Sale

Scope

The customer is aware that these general terms and conditions of sale apply to all commercial transactions, cancelling those previously established, and it explicitly and irrevocably states that it has received them on this date, accepts them and undertakes to comply with them.

The validity of any exceptional circumstances or additional clauses requires the written approval of CIN, considering usual practices as mere tolerance and not the rescission of these general terms and conditions.

Products

CIN guarantees that its products conform to the technical specifications and recommended uses established in the respective technical guide; their use, therefore, shall be in strict compliance with the same.

Moreover, pursuant to Directives 1999/13/EC and 2004/42/EC, specific mention is made of the fact that products identified with the V marking can only be used without restrictions in activities undertaken in registered and authorised facilities. Their use in small-sized facilities is limited to coatings that do not concern any building components.

Hence, CIN is not liable for deficient or illegal use of the products beyond that stated in the preceding paragraphs, with the customer being solely liable for the results or consequences of such use.

Prices and payment terms

The supplies shall be invoiced in accordance with the prices stated on the Price List in force on the billing date.

The prices are adjustable at any time without prior notice being required.

Unless otherwise expressly agreed, payments shall be made at the offices of CIN according to the conditions previously established between the parties.

Supplies on credit depend on the request for opening a current accounts and its approval by CIN. If approved, the customer will be provided a credit limit, which may change according to the monthly volume of purchases and payment methods.

Failure to pay within the established period or payment made by cheque without sufficient funds will result in the immediate, temporary or permanent suspension of other supplies on credit, as well as the immediate maturity of all remaining outstanding credit granted the customer, without prejudice to the right to charge interest at the applicable statutory rate and obtain collection by the competent legal means.

In the event of late payment and well-founded fears regarding the customer’s solvency and credibility, CIN has the right to require additional guarantees or advance payments on supplies not yet matured.

The sporadic acceptance of the late settlement of one or more payments does not imply any modification to these general terms and conditions of sale or to the credit and payment terms assigned to the respective customer.

Ownership of the products is reserved for CIN until full payment of the same, pursuant to article 409 of the Civil Code.

Orders and Deliveries

Product orders are only valid after formally approved by CIN, S.A. and their handling is governed by the provisions of the Rules for Handling Orders and Distribution Plan, available in the customer area of the CIN website www.cin.pt or on request from the company’s Customer Service.

Reception of order

At delivery, the customer shall examine the order to ensure it is in conformity with the relevant order and the consignment note. Silence is deemed to mean the tacit receipt and acceptance of the order.

The customer must sign the relevant consignment note, as proof of the referred conformity. The third copy of that note will be handed to the carrier or immediately returned to CIN.

Complaints

The application and use of CIN’s products is beyond its control, therefore the responsibility inherent in such use and application solely falls to the purchaser.

The technical advice provided by CIN before or after delivery of the products is solely indicative, provided in good faith and it comprises its best knowledge given the current state of the art, which is why the products should be tested and under no circumstances may CIN be held liable for their use.

Complaints made in writing and within 10 days of their discovery will only be accepted for manufacturing defects or nonconformities with the order note. No complaint will be accepted unless the customer’s obligations concerning the receipt of orders are proven to have been complied with and if the supply documents are not stated.

The only obligation of CIN will be, respectively, to replace or refund the amount already paid for the goods that are acknowledged as being defective or the replacement of the order. It does not accept liability for any other losses and damages.

Returned goods

Returned goods will only be permitted in the event of a complaint where CIN agrees with the customer. The returning of goods always requires CIN’s prior written consent, and should always be accompanied by the relevant return note with reference to the product and quantity in question as well as the document number that served as the basis for the supply.

Validity

The total or partial invalidity of any of the conditions set out in these general terms and conditions of sale shall not affect the full validity of the remaining provisions.

Jurisdiction

For the judgement and appraisal of all the issues arising from these general terms and conditions of sale, including validity, interpretation and implementation, the courts of Maia Judicial District have jurisdiction, with all others expressly waived unless legally required.