General Terms and Conditions of Commercial Transactions
1. Order Acceptance: Placing an order implies full acceptance of these General Terms and Conditions, which will be applicable based on the current version at the time of the commercial transaction. Tearfil reserves the right to modify these terms at any time.
2. Product Specifications: All products sold adhere to Tearfil’s quality specifications, unless otherwise agreed upon in writing after validating the specifications.
3. Sample Supply: The supply of samples is subject to special conditions. For more information, please contact our services.
4. Article Validation: Clients must qualitatively validate all articles supplied by Tearfil according to their intended purposes.
5. Color Alteration: Products made with Tearfil’s supplied yarn should not undergo color alteration processes without prior testing (such as dyeing individual fibers or finishing processes like Fade Out).
6. Separate Yarn Batches: Yarn batches must be used separately.
7. Contaminations: Tearfil’s commercialized yarns are not contamination free.
8. Recommended Packaging: Proper yarn packaging after delivery is the responsibility of the Client.
9. Responsibility for Defects: Tearfil is only responsible for defects, lack of quality, or non-conformities in goods attributable to its own fault and existing at the time of delivery. In such cases, the Client may choose either (i) replacement with goods of the same kind and quality or (ii) compensation for damages directly arising from the contract, up to a maximum amount equivalent to the invoiced price of the goods.
10. Claims: Written claims accompanied by duly identified physical samples will be accepted within a maximum of fifteen days after yarn delivery.
11. Claims for Yarn Quantities: Claims for yarn quantities exceeding 40 kg, once transformed into knitwear, fabric, or finished products, will not be accepted. All claims must be submitted during a phase that allows for a proper analysis of the occurrences and their resolution for both parties.
12. Tolerance Acceptance: Unless otherwise agreed upon in writing, the Client implicitly accepts the tolerances specified in the following table.
Above 500 and less than or equal to 1000
13. Variation in Natural and Fancy Yarns: Yarns incorporating natural raw materials (such as linen, hemp, cotton, nettle, among others) and fancy yarns (such as mélange, slub, injected, vintage, recycled, and others) may exhibit tonal variations between batches and catalogs.
14. Force Majeure: Tearfil cannot be held responsible for any delays or contractual failures caused by force majeure events beyond its control.
15. Late Payments: Payments beyond the established deadline accrue statutory interest applicable to commercial credits held by companies.
16. International Sales Contracts: In international purchase and sale transactions, these General Terms and Conditions prevail over the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
17. Dispute Resolution: Tearfil and its Client commit to amicably resolve any disagreements arising from their contracts. If an amicable solution is not possible, the dispute will be subject to the jurisdiction and competence of the Judicial Court of the district covering Guimarães, with express waiver of any other forum.
