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NON-EXCLUSIVE TERMS AND CONDITIONS OF SALE

 

  1. General Conditions. All product (“Product”) orders are subject to these non-exclusive Terms and Conditions of Sale (the “Terms”). The Terms will apply to all current and future Product purchases by Buyer from TIGRE S.A. PARTICIPAÇÕES or TIGRE MATERIAIS E SOLUÇÕES PARA CONSTRUÇÃO LTDA., its subsidiaries and affiliates (“TIGRE”), unless expressly stated otherwise in a written document signed by TIGRE and Buyer. These Terms and the product order constitute the entire agreement of the parties and, as such, supersede all prior negotiations, discussions, understandings, customs and courses of dealing and trade between Buyer and TIGRE. TIGRE expressly objects to any additions, deletions or differences in the Terms set forth herein, whether or not any such additions, deletions or differences materially alter the terms of the purchase order or other document applicable to buyer’s purchase of the Products.

 

  1. Orders & Pricing. All Product Orders received, and the correspondent product sale, are made on a non-exclusive basis. All prices quoted by TIGRE are subject to change without notice up to time of shipment. TIGRE shall be entitled to increase the price quoted or accepted by TIGRE if there is an adverse change in exchange rates or an increase in the cost of materials, component parts, labor or transportation after the date of quotation or acceptance of the Product order by TIGRE and before delivery. TIGRE reserves the right to charge back to Buyer costs incurred from Product order cancellations or changes, and to consider additions as separate orders.

 

  1. Taxes and Other Charges. According to Product Order.

 

  1. Seller’s Use of Other Suppliers. Buyer acknowledges that, in fulfilling any Product Order, TIGRE in its sole discretion (a) may manufacture part or all the specified Product, (b) may purchase part or all of the Product from a third party and/or (c) may order the manufacture of part or all of the Product from another manufacturer.

 

  1. Insurance/Risk of Loss. According to Product Order.  

 

  1. Delivery.  According to Product Order.

 

  1. Buyer’s Examination, Testing & Acceptance of Product. Upon receipt of the Product, Buyer shall have a reasonable period (not to exceed 01 -one week) after receipt of the Product to complete its inspection and testing of the Product and to notify TIGRE in writing of any errors in shipment or suspected defect in the Product. TIGRE shall not be responsible for shipping errors reported more than 01 (one) week after receipt of material.

 

  1. Return Policy and Terms & Conditions. No merchandise can be returned without TIGRE’s prior written authorization. Approval of product returns is at TIGRE’s discretion. TIGRE has no obligation to allow Buyer to return any Product that conforms to the terms of Buyer’s order as accepted by TIGRE.

 

  1. Payment Terms. According to Product Order. 

 

  1. Warranty. TIGRE hereby expressly warrants that the Product sold to Buyer shall be furnished in accordance with the provisions of the applicable Product Order.

 

 

  1. Limitation of Liability. To the extent permitted by applicable law, TIGRE’s liability with respect to the products is strictly limited to the replacement of products or a credit as herein specified and TIGRE shall not, in any event, be liable for any incidental, consequential, special or punitive damages, including without limitation, lost profits or cost of repairing or replacing other property which is damaged, other costs resulting from importation procedures  including custom clearance and other relevant legal compliance to local legislation, other costs resulting from labor charges, delays, vandalism, negligence, fouling caused by foreign material, chemical or any other circumstances over which TIGRE has no control.

 

  1. Additional Limitations and Indemnifications.

 

  1. as otherwise provided in these Terms and Conditions of Sale, or applicable by law, TIGRE shall have no liability for (i) any defect complaints in Products provided by TIGRE to Buyer, or (ii) for any injury, damage or loss Buyer or any person claiming through Buyer may suffer or incur that arises from or relates to any allegedly defective Product or any work done in connection therewith, or (iii) any delay, costs, administrative fines, seizure or loss of the products and losses and damages arising from non-compliance with applicable local laws and regulations regarding import of Tigre´s products, including laws and regulations applicable to packaging and labelling of products.

 

  1. Notwithstanding any other provisions of these Terms and Conditions of Sale to the contrary, TIGRE shall not be liable to Buyer, whether in contract or tort (including negligence) or under any other legal theory, for exemplary or punitive damages or any indirect, consequential or punitive loss, damage, cost or expense of any nature (even if advised of the possibility of such loss, damage, cost or expense), including, without limitation, any economic loss or damage, any expense, and any loss of business, profits or revenue, goodwill, anticipated savings, operation time or contracts.

 

  1. With respect to any Product manufactured in accordance with Buyer’s specifications, Buyer shall indemnify TIGRE against any damages, losses, liabilities, costs, or other expenses, including attorneys’ fees, that TIGRE may incur, including without limitation any amounts that TIGRE may pay or owe to any third party that has manufactured such goods, which arise from or relate to any claim that the Product infringe any patent, copyright, trademark, trade secret or other intellectual property rights of any third party, as well as local legislation of any sort.

 

  1. All Product is supplied in accordance with the normal industry standards applicable to them, and TIGRE shall not be liable to Buyer for the condition or quality of Product which comply with these standards.

 

  1. Buyer expressly acknowledges and agrees that (i) TIGRE is not liable for any advice given by TIGRE’s agents or employees regarding the suitability for any purpose of Product supplied by TIGRE, and (ii) Buyer bears full and sole responsibility for the selection of any Product to be supplied and any services to be performed by TIGRE to achieve Buyer’s purposes.

 

  1. Buyer expressly acknowledges and agrees that certain water conditions, atmospheric conditions, soil conditions and other environmental conditions exist that are aggressive, corrosive and/or otherwise damaging to certain materials commonly used in the plumbing industry, including but not limited to PVC plastics, and that TIGRE is not responsible for any defects, damage or liability resulting from the use or installation of its products in areas where such adverse conditions exist. TIGRE’s Limited Product Warranty shall not apply to any defects or failures that are caused by or the result of such adverse water, atmospheric, soil or other environmental conditions. Buyer further acknowledges and agrees that TIGRE cannot know, control or assume responsibility for the end use of its Products or the location where they are used or installed or for any potential damage or liability resulting from the installation, design or manufacture of its products that are used or installed in locations with adverse water, atmospheric, soil and other environmental conditions. It is an end user’s (including Buyer) responsibility to know the conditions, specifications, common use and installation practices and liabilities into and around which TIGRE’s products will be used or installed.

 

  1. Buyer expressly acknowledges and agrees that (i) certain States, municipalities or other legal jurisdictions have rules, laws, ordinances, regulations and/or provisions that govern the acceptability of certain materials commonly used in the plumbing industry and related industries, (ii) TIGRE cannot know or control the end use or location for the products it sells regardless of whether or not TIGRE’s products are offered and sold in said jurisdictions, (iii) it is the Buyer’s responsibility to know the locations, installations, specifications, applications and liabilities, including legal liabilities, related to the use of TIGRE’s Products and let TIGRE know, and (iv) TIGRE is not responsible for any liability or potential liability that arises out of such installations.

 

  1. Security Interest. Except where prohibited by law, Buyer hereby grants to TIGRE a security interest in all Products sold to Buyer until payment in full is received by TIGRE. Title shall remain with TIGRE until paid in full. Buyer agrees that until Buyer has paid for the Product in full, Buyer will store the Product separately from other goods and will not sell or transfer ownership except in the ordinary course of business. If Buyer defaults on payment for the Product, TIGRE may exercise all rights and remedies of a secured party under the Uniform Commercial Code in addition to any other remedies allowed by law.

 

  1. Force majeure. TIGRE shall not be liable for any attorney’s fees and other expenses attributable to delay in performance or non-performance by TIGRE caused by circumstances beyond the direct control of TIGRE including, but not limited to, acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, governmental actions, laws, ordinances, rules and regulations, whether valid or invalid, (including but not limited to priorities, requisitions, allocations and price adjustment restrictions, and inability to obtain material, equipment or transportation). In such event or circumstance, TIGRE shall have the right to extend the delivery date by the amount of any such delay caused by such events or circumstances, reduce the quantity to be delivered hereunder during the period of such delay and/or cancel the applicable Product order(s).

 

  1. Product Information. According to Product Order 
     
  2. Intellectual Property Rights. All drawings, illustrations, specifications, and other product materials relating to TIGRE Products are and shall remain the exclusive property of TIGRE, regardless of whether the product materials were provided directly by TIGRE. Buyer agrees not to appropriate, copy, use or disclose to third parties any of TIGRE’s proprietary trade secrets, such as plans, specifications, drawings, samples, tools, dies, models or manuals except upon written permission from TIGRE.

 

  1. Buyer Information & Credit Inquires. According to Product Order 

 

  1. Miscellaneous. TIGRE-’s waiver of a breach by Buyer of any provision of these Terms shall not be deemed a waiver of future compliance therewith, and such provision shall remain in full force and effect. If any provision of these Terms is determined to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining provisions of these Terms. These Terms and Buyer’s rights hereunder shall not be assigned by Buyer without the prior written consent of TIGRE, and any unauthorized assignment by Buyer shall be void. These Terms and the underlying Product order(s) shall be binding upon and inure to the benefit of TIGRE and Buyer and their respective successors and permitted assigns. The Parties state that the competent Forum to resolve any disagreements arising from this instrument is the forum of the District of São Paulo/SP, prevailing over any other, however privileged it may be.

 

The Buyer expressly acknowledges and agree that: (i) the products have been sold and shipped in accordance with the laws and regulations of the country of origin; (ii) certain countries have specific legislation and regulations regarding the importation of products, including packaging and labelling of products, to entry and/or customs clearance; (iii) Products may be used in various jurisdictions for various applications subject to disparate regulations and therefore TIGRE has no obligation to know and comply with the specific local laws and regulations of the countries to which it exports; (iv) Seller disclaims any representation or warranty that the Products conform to federal, state or local laws, regulations, ordinances, codes or standards, except as expressly set forth by TIGRE in writing; (v) the Buyer assume all the responsibility, by himself or his importer, to know and comply with the specific local laws and regulations applicable for importing products; (vi) TIGRE is not responsible for any possible obligations and/or penalties arising from non-compliance with laws and/or regulations regarding the importation of products.

 

TIGRE may interrupt the supply of Products if any governmental authority imposes antidumping or countervailing duties or any other penalties on Tigre´s Products.

 

The relationship established herein between the Parties relates only to current and future Product purchases by Buyer from TIGRE, on a non-exclusive basis, unless expressly stated otherwise in a written document signed by TIGRE and Buyer. Exclusivity between the Parties shall not be presumed.

 

  1. This Terms and Conditions do not apply to Tigre-ADS branches.

 

  1. The Buyer declares that it accepts and will adhere to all the terms and conditions set forth in this terms and conditions, available on the website of the TIGRE, via the link  www.tigre.com

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