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General
Terms of Use
O/M is a brand owned by Osvaldo Matos SA.
This website is owned and operated by Osvaldo Matos SA and is subject to the following terms and conditions. Access to and use of the Site and the information, materials, products and services available through the Site are subject to all applicable laws and to these Terms of Use. By accessing or using the Site, you signify your and your company’s agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not access or use the Site. Also, by accessing or using the Site, you signify your agreement to the Privacy Statement.
Ownership, Copyright, and Trademark Notices
All information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Site are the property of Osvaldo Matos SA. You acknowledge that certain Materials available on the Site are protected by copyright, trademark, patent, or other intellectual property rights of Osvaldo Matos SA. You do not acquire any ownership rights to any Materials on the Site.
Except as expressly provided herein or as otherwise permitted by mandatory provisions of applicable law, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Materials from the Site without the prior express written permission of Osvaldo Matos SA.
Links to other Internet Sites
The site may contain links to other Internet websites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Osvaldo Matos SA, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites.
Links to the site
Any link to this Site without Osvaldo Matos SA’s written permission is prohibited. Not with standing any authorization to link to this Site, linking to any page of the Site other than to through a plain text link is strictly prohibited in the absence of a separate linking agreement with Osvaldo Matos SA.
Changes
Osvaldo Matos SA reserves the right to modify, suspend, or discontinue any portion of the Site and Materials, or otherwise disable your access to all or a portion of the Site, at any time, with or without notice. You agree that Osvaldo Matos SA shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site. Osvaldo Matos SA reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.
Purchasing Conditions
Purpose
Osvaldo Matos establishes, in these General Purchasing Conditions (GPC), the rules governing the purchase of any item or service by Osvaldo Matos from any supplier.
By accepting a Purchase Order (PO) from Osvaldo Matos, the supplier agrees to the terms defined in the various sections of these GPC.
These GPC prevail over any conditions defined by the supplier, except where otherwise expressly agreed by both parties.
General Conditions
Any purchasing process carried out by Osvaldo Matos must always be supported by the existence of a contract, a Purchase Order, or both.
Only purchase requests made in writing and sent by the Purchasing Department of Osvaldo Matos shall be binding upon Osvaldo Matos.
Confidentiality and Subcontracting
The supplier undertakes to maintain confidentiality regarding all facts disclosed to it for the fulfilment of the contract or the execution of the Purchase Order (PO).
This commitment extends to all employees of the supplier, as well as to subcontracted suppliers, and it is the supplier’s responsibility to ensure this guarantee.
The supplier may only subcontract services or change the origin of supplies with the prior knowledge and authorization of Osvaldo Matos.
Prices and Payment Conditions
The applicable prices shall be those defined in the Purchase Order or agreed during negotiations. Once the PO has been accepted, and unless contested within 3 working days, prices may not be changed during invoicing.
The same applies to the payment terms.
Invoicing
Invoices must always indicate the PO number or the Osvaldo Matos contract reference. They must comply with the terms of Section 4, and whenever they refer to delivered units, the quantities verified upon receipt shall validate the invoicing.
Failure to comply with any of the situations described in this section shall result in the invoice being returned.
Deliveries/Documentation
Deliveries must be made on the agreed dates and at the agreed times.
If the purchase requires Analysis, a Certificate of Conformity, or Technical Documentation, receipt shall only be accepted once such documentation has been delivered.
The supplier undertakes to provide all supporting documentation that Osvaldo Matos may request and which falls within the scope of the supply — technical data sheets, certificates, insurance policies, etc.
In the case of Services, suppliers must always provide a service report/work sheet describing the work carried out and identifying relevant situations.
These documents shall only be valid if signed by a representative of Osvaldo Matos responsible for such validation.
Quality, Food Safety, Environment, Occupational Safety and Health Policy
Suppliers providing services at Osvaldo Matos facilities are required to comply with the rules defined in the Occupational Health and Safety standards.
Deadlines – Penalties for Delays
The delivery dates stated in the POs are binding, unless the supplier informs Osvaldo Matos in writing, within 3 working days after receipt of the PO, of the impossibility of complying with them.
For each day of delay, whether concerning a product or a service, the supplier shall pay 0.5% of the total PO value, up to a maximum of 3%. Osvaldo Matos may also claim compensation for damages and losses attributable to the supplier resulting from the delay.
In the event of early delivery, Osvaldo Matos reserves the right not to accept it, with return costs borne by the supplier, who shall also remain obliged to comply with the delivery date defined in the PO.
Force Majeure
Cases of force majeure and strikes release the supplier from compliance with deadlines but also release Osvaldo Matos from the obligation to purchase.
Quality
The supplier undertakes to provide the agreed quality standards and to comply with the parameters defined in the technical data sheet, specifications, image, or characteristics communicated or approved by Osvaldo Matos.
Under no circumstances shall the signature of the supplier’s delivery documents upon receipt at Osvaldo Matos release the supplier from responsibility regarding the quality of the delivered products or services provided. If Osvaldo Matos identifies non-conformities after receipt, it may always submit a claim to the supplier, requiring replacement, return, or compliance with the agreed terms. Osvaldo Matos may also issue a debit note transferring to the supplier the costs incurred due to the non-quality of the delivered product or provided service.
The use of a product under concession must be approved by the Quality Department of Osvaldo Matos; however, the supplier shall always assume responsibility for it.
Princípios Sociais
The supplier guarantees compliance with the following social principles:
- Child labour – paragraph 2 of Article 55 of the Labour Code;
- Forced labour and discrimination – the supplier does not use forced labour or discriminatory practices against workers;
- Occupational Safety – the supplier guarantees the implementation of best practices that protect the integrity and health of workers;
- Social Security and wages – the supplier guarantees compliance with Social Security obligations and the timely payment of employees’ wages.
Failure to comply with any of these social principles entitles Osvaldo Matos to replace the supplier.
Jurisdiction
Any dispute arising from the interpretation or execution of the contract or the fulfilment of the PO, which cannot be resolved by mutual agreement between the parties, shall fall exclusively under the jurisdiction of the Porto District Court, with express waiver of any other jurisdiction.