1. General Conditions of Supply
1.1 The prices shown on our invoices are net for products (gases and materials), equipment or containers (cylinders or bundles) in our warehouses or in our distribution centres.
1.2 The prices shown on our invoices are net for products (gases and materials), equipment or containers (cylinders or bundles) in our warehouses or in our distribution centres.
1.3 Should the CUSTOMER request the delivery and/or collection of products, equipment or containers by LINDE PORTUGAL, transport charges will be charged in accordance with the current price list. In the case of containers (cylinders or bundles), the transport charges will be calculated according to the highest number of cylinders or bundles delivered and/or collected.
1.4 Any order for products, equipment or services will only be executed by our services when requested by CUSTOMER according to the corresponding purchase order.
1.5 Only complaints submitted within 8 (eight) days from the supply date will be taken into consideration. Any losses caused by failure to submit the complaint within this period will be borne by the customer. Complaints regarding invoices will only be accepted within a period of 15 (fifteen) days from the date of their respective issue. No complaint submitted in relation to one or more invoice items may justify any delay or failure to pay any remaining invoices.
1.6 Payment for the products and equipment supplied will be made upon delivery, except where other payment conditions have been agreed in advance.
1.7 The products and services supplied by LINDE PORTUGAL to the CUSTOMER remain the property of LINDE PORTUGAL until such time as the CUSTOMER has paid any outstanding amounts.
2. General Conditions for the Use of Cylinders and Bundles
2.1 All cylinders and bundles belonging to LINDE PORTUGAL, and which it temporarily places at the disposal of the CUSTOMER, will be for the exclusive use of gases supplied by LINDE PORTUGAL, the CUSTOMER undertaking not to use them for any other purpose, their transfer to third parties being prohibited, regardless of the purpose, without the prior written permission of LINDE PORTUGAL.
2.2 LINDE PORTUGAL maintains full ownership of the cylinders and bundles. As a consequence, the CUSTOMER is obliged to take all measures necessary to abide by and enforce upon third parties this right of ownership and to immediately notify LINDE PORTUGAL of any circumstance that may affect this right, being held liable should it not proceed in this manner. In the event of attachment, seizure or any other act or action that encumbers or limits LINDE PORTUGAL's right of ownership, the CUSTOMER must notify LINDE PORTUGAL immediately and refuse the appropriation or encumbrance of the cylinders and bundles, stating that it is leased property.
2.3 The use of cylinders or bundles by the CUSTOMER obliges the latter to pay LINDE PORTUGAL for their respective rental, according to the price list in force at the time, to be paid within 30 days of the invoice issue date.
2.4 Use of cylinders or bundles by the CUSTOMER that implies their immobilization for a period equal to or greater than 3 months obliges the CUSTOMER to pay LINDE PORTUGAL a long term rental fee (IPV) and additionally, the immobilization of cylinder or bundles for a period equal to or greater than 6 months obliges the CUSTOMER to pay LINDE PORTUGAL an extra-long term rental fee (IEV), both according to the price list in force at the time, to be paid within 30 days of the invoice issue date.
2.5 Cylinders and bundles must always be supplied on the basis of an exchange of a full unit for an empty unit, except in the case of the first delivery.
2.6 LINDE PORTUGAL reserves the right not to deliver full cylinders or bundles without the return of empty cylinders and bundles, and until any amounts owed by the CUSTOMER have been paid.
2.7 Cylinders and bundles temporarily placed at the disposal of the CUSTOMER will be delivered to it at LINDE PORTUGAL warehouses and distribution centres, the former being required to return them, in an appropriate condition, to these same locations within a maximum of 8 (eight) days in the absence of timely payment for the deliveries made or the rentals due, and where the contractual relationship has been terminated for any reason. The return of cylinders and bundles to LINDE PORTUGAL is the responsibility of the CUSTOMER, except where the latter requests their respective collection in writing, paying any transport costs according to the price list in force at the time.
2.8 In the event of damage, loss or misplacement of the cylinders or bundles, the CUSTOMER agrees to pay damages to LINDE PORTUGAL in the updated market value of the same, which will be paid in full within a maximum period of 30 days after the date the respective invoices are issued, this value also being considered in the event of any court claim.
2.9 LINDE PORTUGAL reserves the right to ensure the performance of its obligations by hiring third-party services.
3. Conditions of Use of Gases
3.1 The CUSTOMER undertakes to ensure strict compliance with all current provisions, including those relating to its business, and is fully liable for any consequences for LINDE PORTUGAL, its employees and third parties arising from any failure to do so. In particular, it must strictly abide by and enforce the laws governing the handling of technical gases and cryogenic liquids, taking special care regarding the protection of employees and accident prevention. Additionally, the CUSTOMER will instruct its employees with respect to these measures and, where applicable, provide them with personal protective equipment appropriate for handling technical gases and cryogenic liquids.
3.2 The CUSTOMER undertakes to scrupulously abide by and enforce the recommendations for handling gas supplied by LINDE PORTUGAL contained in the respective Safety Data Sheets and Safety Advice Sheets, which are provided by LINDE PORTUGAL through its website: www.linde.pt.
4. Limitation of Liability and Exclusions
4.1 LINDE PORTUGAL's liability is defined in this Condition 4 and, where the inspection and maintenance of equipment owned by the CUSTOMER and/or the sale of equipment by LINDE PORTUGAL has been contracted, the applicable Conditions. In addition to the terms laid down in Condition 4, LINDE PORTUGAL shall have no liability (contractual, in tort or otherwise) for any other losses or damages, including (without limitation) loss of or damage to revenues, profits, savings, use, contracts or business and any consequential or indirect loss or damage. However, under the contractual relationship, nothing shall limit or exclude LINDE PORTUGAL's liability for malicious acts and statements.
4.2 LINDE PORTUGAL shall have unlimited liability in the event of death or personal injury resulting from any negligent act or fact attributable to it.
4.3 LINDE PORTUGAL accepts liability for damages to the extent that they result from the violation or breach of its contractual obligations up to a maximum annual limit of € 100,000.00 per event or series of similar or related events, but never higher, for each incident, than 20% of its annual revenue provided under the contractual relationship between LINDE PORTUGAL and the CUSTOMER. Any other damages resulting from property damage will be limited in accordance with Condition 4.4.
4.4 To the extent they result from a breach or default of its contractual obligations related to the performance of the contract, LINDE PORTUGAL accepts liability for losses, costs, expenses (additional to LINDE PORTUGAL's liability under Condition 4.3.):
a) caused by the supply by LINDE PORTUGAL of defective gas, up to a limit of € 2,500.00 per incident, but never more than 20% of monthly income provided under the contractual relationship between LINDE PORTUGAL and the CUSTOMER, for each incident;
b) resulting from LINDE PORTUGAL's failure to supply any gas, up to a limit of an amount equal to the price of the gas LINDE PORTUGAL failed to deliver, but never more than 20% of monthly income provided under the contractual relationship between LINDE PORTUGAL and the CUSTOMER, for each incident;
c) resulting from the chargeable provision of technical advice to the CUSTOMER by LINDE PORTUGAL up to a maximum amount received for that advice.
5. Quality Assurance
LINDE PORTUGAL ensures, through its Quality Assurance System, that the products provided meet the quality specifications indicated in the respective Product Data Sheet.
6. Processing of Personal Data
LINDE proceeds to collecting and processing CUSTOMER's personal data required for provision of goods and products/ provision of services contracted by it, for the purpose of CUSTOMERS’ commercial and administrative management, on strict confidentiality and in compliance with the provisions of the Personal Data Protection Act. Data is transferred to subcontractor entity for processing purposes. CUSTOMERS are provided with the rights of access, rectification, modification or deletion of own data. To exercise these rights, or for any clarification, please contact LINDE at Av. Infante D. Henrique, Lote 21–24, 1800–217 Lisbon.
To resolve any issues related to implementation or interpretation of LINDE PORTUGAL's supplies to the CUSTOMER, the court of the District of Lisbon is stipulated, to the exclusion of any other.
Any special conditions contained in writing signed by LINDE PORTUGAL and the CUSTOMER shall take precedence over these terms and conditions in the event of conflict between them.
9. Customer Cylinders
9.1 LINDE PORTUGAL undertakes to deliver the cylinders contained in mod. 500 (sale of gases in customer cylinders) against presentation and only in such cases may be held liable.
9.2 The cylinders will be subject to periodic inspections every 3, 5 or 10 years according to ADR legislation. The respective charges, to be charged according to the price list in force at the time, are the CUSTOMER’s responsibility.
9.3 The cylinders in this document should be collected within 15 days, after which they will be subject to daily storage charges, according to the schedule in effect at the time.
10. Information to Consumers on Alternative Dispute Resolution (RAL) Entities for Consumer Disputes
LINDE informs its customers which are considered consumers about the terms of Law No. 144/2015, of 8 September, that may have recourse to a RAL entity to initiate an extrajudicial resolution procedure of consumer disputes. Information about names and contacts of Alternative Dispute Resolution Entities registered at Directorate-General for Consumers can be found on Consumer Portal at www.consumidor.pt.
It is expressly prohibited to grease, heat or expose the cylinders or bundles to high-temperature areas.
Please be aware that oxidizing substances, such as Oxygen and Nitrous Oxide must not come into contact with dirty, oily or greasy products for any reason due to the risk of explosion, and should never be used to start internal combustion engines.
LINDE PORTUGAL shall not accept liability for any occurrence due to the misuse of cylinders and gases outside its premises.