These general Terms & Conditions of Sale apply to all supplies made by Perspetiva Trigueira Unipessoal Lda., Rua Cruz de Pedra 215-217, 4700-219 Braga – Portugal (the Supplier) in connection with an order (the Order) of a certain product (the Product) placed by a customer of Perspetiva Trigueira (the Buyer).
Development of samples of the Product:
a) For prototypes/samples (items with a standard model and fabrics from our stock) we charge € 50 per unit/ model, excluding accessories, such as hangtags, brand labels, packaging bags, etc.
b) For a new product sample with a non-standard prototype, other prices apply (to be consulted).
c) All materials (fabrics and/or accessories) that are not from our stock or from our usual suppliers must be provided by the buyer, placing them at our facilities, before starting the sample/ prototype.
b) For SMS (salesman samples) for 5 units or more, we apply a surcharge of 100 % to the agreed price of the Product, for quantities of less than 5 units we consider a surcharge of 150 % to the agreed price.
c) For PPS (pre-production samples) with production in progress, we apply a surcharge of 100 % to the agreed price of the Product.
d) Development of prints and embroidery, are charged as follows:
– Normal print: € 45/ each color;
– Digital Print: depends on the image (to be consulted);
– Embroideries price: depends on size and the technique used (to be consulted).
– Digital transfer: depends on size and number of colors (to be consulted);
e) Prototypes and SMS are prepaid.
Production order:
a) Minimum order per color and style: 100 units.
If you have other sizes, baby or kid’s type, we consider two different styles, in this case it will be 150 units.
b) The GOTS certificate has a price of € 100 per product.
c) The GRS certificate has a price of € 100 per product.
d) Lead time: 4-6 weeks after confirmation of order and style approval, needs to be confirmed by P.O.
(production/ purchase order) and sent by e-mail.
e) The quantities delivered to the Buyer, may differ from the quantities ordered, up to 7.5 % more or less, excepting for dyed and/or industrial washes which may differ from up to 10 % more or less.
f) With Product dyed with the “garment dyeing” process, it should be noted that there may be a difference in colour between 5 % to 10 %, in relation to samples already developed, as well as to dyeing batches.
IMPORTANT NOTE ABOUT DYEING:
It is worth noting that from the sample to production there may be a difference in color, ranging from 5 to 10 %, as in productions there are no pieces with exactly the same colour, it may show wear or shine, due to friction when hitting the machine’s tank, in the dyeing process.
In the dyeing process and the various techniques provided, like marbled, brushstrokes, paints, spray, brush, batiks, tie dyes, fade out and vintage wash make the pieces unique and therefore there are no identical pieces.
g) The Product’s quantity standards must be those contained in the article ́s Technical Specification Sheet, provided by the Buyer.
h) Delivery times defined by the Supplier may have a tolerance of 15 days without any penalty applied. In case of delay in delivery, the Order can only be cancelled after 45 days of delay.
Expedition for Development and Production:
a) Incoterm EXW (Ex Works): Shipment and insurance of the Product to the country of the Buyer are entirely the Buyer’s responsibility.
b) Incoterm: CIP (Cost, Insurance and Freight)
c) The payment of export costs (such as customs duties, import duties and customs clearance costs) of the Product to the country of the Buyer are entirely the Buyer’s responsibility, no matter wether EXW or CIP has been negotiated.
Payments conditions:
a) For samples, prototypes and SMS: 100 % payment in advance.
b) For production of 200 units: 70 % in advance (upon P.O. Confirmation) and 30 % before shipment
c) For production of more than 500 units: 50 % in advance (upon P.O. Confirmation) and 50 % before shipment.
d) The Product supplied to the Buyer is owned by the Supplier, until its full payment is received.
e) The Buyer is responsible for all taxes and bank fees.
The payment of export costs (such as customs duties, import duties and customs clearance costs) of
the Product to the country of the Buyer are entirely the Buyer’s responsibility.
Important Information:
a) The Buyer shall be liable for any infringements of third-party rights caused by the Supplier using and/ or supplying subjects and/ or designs protected by industrial and/ or intellectual property rights of said third parties, whenever such use and/ or supply is made at the request or suggestion of the Buyer.
b) Whenever the use of a certain subject and/ or image and/ or designs is made at the sole discretion of the Supplier or from a list of subjects, images or designs provided by Supplier, the Buyer will not acquire any rights on such subjects and/ or images and/ or designs and shall refrain from register any intellectual property right of such items which may be freely supplied by the Supplier to any other customer.
c) All defects that are within the range of 28 points according to the International Quality Control Systems “4 Points American System” are considered as accepted by the Buyer.
d) It is the responsibility of the Buyer to verify and inspect the Product before dispatch, if the Buyer wishes to do so.
e) Any claim on the Product will not be accepted by the Supplier if the Buyer claims on the Product more than 15 days after delivery. Any compensation will be limited to the cost of production, the part referred to in the P.O.
f) If the performance of any obligation of the Supplier is prevented, restricted, interfered with or delayed by circumstances such as civil or foreign wars insurrections, riots, acts of terrorism, governmental actions, strikes, caveat, blockades, lock-out, sit-in strikes, social disturbances, accidents and natural disasters, such as pandemics, or any other circumstance similar, to the above and over which the Supplier shall have no control of (“Force Majeure”), the Supplier shall give prompt notice to the Buyer, of the Force Majeur arising, and be excused from performance of the Supplier’s obligation to the extent of such prevention, restriction, interference or delay, but shall use the best Supplier’s efforts to continue performance with the utmost dispatch as soon as the Force Majeure ceases to affect it. If the performance of any of the Supplier’s obligations is delayed owing to Force Majeure for a continuous period of 45 days, both, Supplier and Buyer, shall be entitled to release the Buyer from the Buyer’s obligations upon 7 days written notice.
g) Technical drawings, designs, developments and constructions are the intellectual property of the Supplier. The elaboration created by the Supplier is reserved exclusively with the consent of the Supplier as the author. If no order is placed with the Supplier, the client (i.e. the Buyer) is obliged to refrain from using the ideas, proposals and texts presented in his presentation.
The utilisation of the ideas, suggestions and texts presented in the context of the presentation shall in any case require prior agreement on appropriate remuneration.
h) Any dispute shall be exclusively subject to the Courts of Braga, Portugal. Portuguese Law shall apply to this Conditions of Sale.
Perspetiva Trigueira Unipessoal Lda.
Rua Cruz de Pedra 215-217
4700-219 Braga, Portugal
Vat No.: PT517105640