GENERAL TERMS OF SALE
1. Applicability
The general terms of sale defined below apply to commercial transactions between CARDINAL EXPERIENTE Projectos de Engenharia e Máquinas - Unipessoal Lda., VAT ID 517.337.878, hereinafter referred to as #EXPERIENTE, and the client, in which the former sells and the latter buys materials, equipment, and/or services produced by #EXPERIENTE or by third parties. All operations and sales contracts carried out by #EXPERIENTE are governed by Portuguese Law. These conditions come into effect on June 22, 2025, prevail over any general conditions of the client, and revoke and replace any that were previously in force. Whenever, due to reasons beyond its control or failure to fulfill commitments by its suppliers, it is exceptionally not possible for #EXPERIENTE to satisfy the agreed-upon conditions for a supply to a client, the client gives its tacit acceptance of the impossibility of fulfillment, considering such causes of force majeure attributable to third parties as justification. #EXPERIENTE and the client may only transfer their rights and obligations defined in these general terms of sale to third parties by prior express written agreement that contemplates such a situation.
2. Order
The order for products or equipment and the contracting of services must be made in writing by the person with the authority to do so on behalf of the client. Orders and/or services are only considered formally accepted and presuppose a supply when in conformity with the proposal previously presented by #EXPERIENTE or, in its absence, when the defined award criteria are met. In any situation, orders are only considered accepted and supplies are only made when the credit limit and payment term established for clients with a current account are not exceeded.
3. Price
The valid sales prices are those that, at the time of supply, are listed in the general public price or in the current price lists (for specific clients and products) under the responsibility of #EXPERIENTE. All sales are subject to the conditions agreed with the client and are subject to applicable VAT and environmental taxes, where they exist.
4. Shipping
#EXPERIENTE commits to making the products available to the client at its facilities or at another indicated address. Orders for delivery to P.O. boxes or on consignment are not accepted. If the location indicated by the client does not comply with these conditions and does not have the necessary means to safely remove, move, or handle the products with adequate equipment, #EXPERIENTE may, at the client's request and as an ancillary service, carry out the delivery of the order to the indicated location, upon payment of the resulting additional costs, previously communicated to and accepted by the client.
5. Shipping Conditions
When included, in mainland Portugal or the European Community, transport for fixed and indivisible equipment is considered delivery on the vehicle, excluding any means of unloading at the destination. Regarding mobile equipment, delivery will be made at the facilities indicated by #EXPERIENTE where the service occurs. In exceptional cases, and at the client's request with associated extra costs, mobile goods may be delivered to a different location, transported by their own means (by road).
6. Delivery
The delivery period is subject to confirmation in each proposal. The place of delivery is considered to be the facilities of #EXPERIENTE or those of a partner supplier where the supply is made. The products to be supplied are considered reserved for the client and must be collected by them at the facilities indicated by #EXPERIENTE within 24 hours of the agreed delivery date, after which the guarantee of their availability will cease. When necessary, the client may request #EXPERIENTE to deliver the products, which will be carried out by a contracted transport company, whenever it is not possible to use its own means. The goods travel at the client's own risk and expense, who is responsible for their insurance, even when the transport has been specially arranged by #EXPERIENTE. When delivery is made to another location designated by the client, other than the facilities of #EXPERIENTE, or whenever there are expenses related to transport, insurance, special packaging, or other shipping-related costs, these will be borne by the client. In these situations, upon receiving the goods, the client must check for any damage resulting from transport, noting the anomaly on the respective transport document and informing #EXPERIENTE in writing within 2 working days from the date of delivery, whenever this is verified. If this procedure is not followed, the goods are considered delivered in perfect condition, and no damage can be attributed to #EXPERIENTE.
7. Invoicing
#EXPERIENTE invoices the goods supplied or services rendered when they are made available to the client, through pro-forma invoices, unless expressly excepted in a written contract accepted by both parties. For clients whose invoicing requires a Purchase Order/Requisition Number, or equivalent, #EXPERIENTE reserves the right to issue the final invoice, even without said number, 3 working days after the equipment/service has left the indicated facilities.
When the client is informed that the supplied goods or rendered services are available for collection, they must be collected from the facilities of #EXPERIENTE or other facilities in mainland Portugal, within a maximum period of 1 working day, unless otherwise agreed between the parties. #EXPERIENTE reserves the right to invoice the goods and services, even if the client has not collected them from its facilities or other combined locations.
8. Payment
For clients without a current account, unless otherwise agreed, all payments shall be made in full upon delivery of the sold materials or equipment or rendered services. Payments may be made in cash by the person in charge from #EXPERIENTE or by bank transfer or via Multibanco Reference indicated on the Invoice document (the payment system entity for #EXPERIENTE is eupago.pt). In situations where, as per the presented proposal or according to the criteria defined for the award, an initial payment is required at the time of the order, it is only considered effectively accepted and the supply process initiated after said payment is made. By filling out a specific form, clients may request to make credit purchases from #EXPERIENTE which, if accepted, will initiate the supply 5 days after the request. The first purchase by a client starting a commercial relationship with #EXPERIENTE, and for whom credit terms have been accepted, must still be settled by prompt payment.
Under the terms of Article 102° of the Commercial Code and Article 559° of the Civil Code, #EXPERIENTE reserves the right to charge late payment interest at the legal rate in force, as well as to cancel any previously made discount for failure to comply with the agreed payment term. The application of late payment interest does not affect the enforceability of the debt, in accordance with the law in force.
9. Returns
Returns are not accepted whenever the product is delivered in perfect condition and the supply is made in accordance with the order. In the event that this situation does not occur, the client must complain about the non-conformity to #EXPERIENTE, which will analyze the cause and develop the appropriate actions to restore the good to conformity with the contract, through repair or replacement, an appropriate price reduction, or termination of the contract, without charge to the client. If it is understood that there was malice, improper use/assembly, or lack of maintenance of the equipment within the warranty period, #EXPERIENTE will not assume any type of claim. Claims that are not accompanied by a copy of the invoice, a client document mentioning the invoice number, or a delivery document will not be considered. When, exceptionally, the client wishes to make a return where the supply was made in accordance with the contract, and it is possible for #EXPERIENTE to accept the return, the amount to be credited will always be at least 20% lower than the invoiced amount, and may reach higher depreciation values as imposed by the manufacturer's conditions.
10. Warranty
Within the scope of Decree-Law No. 84/2021 of October 18, for the legal warranty period granted to the consumer, in case of non-conformity of the good with the contract, the consumer has the right to have the conformity restored, to a price reduction, or to the termination of the contract, without prejudice to any rights conferred by any commercial warranty that accompanies the acquired good, which should always be consulted by the client. When submitting a claim for non-conformity, the client must be accompanied by proof of purchase and, if applicable, all related documents that prove the good is under warranty. Under the terms of the aforementioned diploma, #EXPERIENTE informs that the producer of the acquired good is obliged to make available the parts necessary for its repair for a period of 10 years after the last unit of the good is placed on the market. The warranty services of #EXPERIENTE are performed at its facilities or at a third-party's facilities if more viable for #EXPERIENTE. The equipment warranties become immediately void upon lack of maintenance/overhaul of the equipment at #EXPERIENTE, in accordance with the maintenance plans of the brands and #EXPERIENTE.
The warranty on parts and components sold directly to the client (without application by #EXPERIENTE technicians) applies only to the sold component, excluding any liability for potential costs of disassembly, relocation, or immobilization of equipment in the event the supplied component presents any defect under warranty.
#EXPERIENTE is excluded from any liability for any and all situations of non-approval, non-homologation, or non-approvals by other public and private entities that are not approved.
11. Ownership
#EXPERIENTE is the owner of the supplied equipment until full payment of the invoiced amount by the client, with the client being invested with the responsibility of a custodian of the sold products until full compliance with the obligations assumed. For this purpose, the client undertakes to inform interested third parties of these General Terms of Sale. When partial payment has been agreed upon, the failure to pay any installment results in the loss of the amounts already paid and grants #EXPERIENTE the right to demand the immediate return of the sold material or equipment. This situation, or the failure to pay an invoice by its due date, implies for the client the obligation to return to #EXPERIENTE, within 8 days of that date, the materials or equipment held in custody. Non-compliance with this obligation provides that #EXPERIENTE may recover, at any time, the supplied materials or equipment, wherever they may be, with the costs of collection, transport, and depreciation being borne by the client.
#EXPERIENTE is the intellectual owner of all services, drawings, projects, and technical documentation it produces and grants to the client, unless the client expresses their will and it is agreed between both parties that it be transferred for some service. All rights are reserved to © 2025 #EXPERIENTE.
12. Privacy and Personal Data Protection Policy
#EXPERIENTE collects personal data from its clients through direct contact, telephone, email, mail, through navigation and/or registration on the Website, and from subscribing to Newsletters, always guaranteeing, where necessary, prior consent for its processing. Some personal data are indispensable for the execution of the contract, and in case of their lack or insufficiency, #EXPERIENTE will not be able to provide the requested product or service. Without prejudice to compliance with legal obligations that require communication to police, judicial, fiscal, and regulatory entities, the personal data collected by #EXPERIENTE are intended for the management of commercial and administrative relations with its clients, in order to allow it to supply and provide its products and services. #EXPERIENTE processes the personal data of its clients for the execution and celebration of contracts, to comply with legal obligations, in the pursuit of its legitimate interests, or because it has obtained consent. Express consent is necessary for #EXPERIENTE to promote, among its clients and/or website users, information and marketing actions related to the products and services it sells, including those that are new to the market, in order to keep them updated, or to provide them with other relevant information in its business area. As data subjects, Clients and Users of the Website are guaranteed, at any time, the right to request access, rectification, updating, limitation, and erasure of their personal data, as well as the right to object to their use for commercial purposes and to withdraw consent, without this affecting the lawfulness of the processing carried out under that consent. To exercise their rights, the client can contact #EXPERIENTE, through the email address geral@experiente.pt.
#EXPERIENTE may place data files, cookies, on its pages, a common practice within the legal parameters provided for the internet. The cookies used by #EXPERIENTE are protected so that their information cannot be interpreted by third parties, with the client giving, from now on, their prior authorization for the use of "cookies" by #EXPERIENTE.
13. Litigation
#EXPERIENTE and the Client agree to stipulate as the competent jurisdiction to settle any conflict requiring judicial intervention, the jurisdiction of Porto, expressly waiving recourse to any other court.
14. Validity and Term
#EXPERIENTE reserves the right to introduce modifications to these conditions without prior notice.
All invoices and financial documents presented by #EXPERIENTE are covered by the conditions described herein.
Valongo, June 20, 2025
#EXPERIENTE
PROJECTOS DE ENGENHARIA E MÁQUINAS - UNIPESSOAL, LDA.