General terms and conditions
Terms and Conditions of Sale
These Terms and Conditions of Use govern the access and use of the site ("Website"), which is owned by CIBER EQUIPAMENTOS RODOVIÁRIOS LTDA., a company with its headquarters at Rua Senhor do Bom Fim, 177, Bairro Sarandi, Porto Alegre (RS), Brazil ("CIBER").
Upon visiting the website, USERS agree to have read carefully, understood, and accepted the terms and conditions imposed by these Terms and Conditions of Use.
If USERS do not agree with this content, they should immediately stop using the Website.
1 WEBSITE'S PURPOSE
1.1 The Website is not a direct sales channel by CIBER, but only a portal provided by CIBER for the sole purpose of showing its history, its mission, its values, its products, and its services to the USERS, thus facilitating commercial contacts between the parties.
1.2 Promoting CIBER's products, services, and its technical specifications through the Website does not constitute a proposal and does not put CIBER subject to the terms of Article 427 of Law 10,406/02 ("Civil Code").
1.3 Images shown in the detail pages of CIBER's products are for illustration purposes only and do not represent real and specific images of products available at the time for delivery. The images are related only to the line to which the product belongs and their purpose is purely informative.
2 UTILIZATION OF THE WEBSITE BY THE USER
2.1 The USER agrees to use the Website and its contents in accordance with current legislation as stated in these Terms and Conditions of Use with moral principles, good manners, and public order so as not to cause damage to the rights and interests of CIBER, other USERS, or to third parties.
2.2 When using the Website, the USER must refrain from actions such as: (i) Modify or attempt to modify the Website's content. (ii) Circumvent or attempt to circumvent security measures imposed by CIBER on the Website. (iii) Run or attempt to run any program or application that can result in damage to the Website, to CIBER, other USERS, or third parties. (iv) Send or transmit any unlawful, threatening, abusive, defamatory, vulgar, obscene, hateful, or otherwise objectionable material, including any material that in any way violates applicable laws.
2.3 CIBER reserves the right to refuse or withdraw access to the Website at any time and without prior notice, on its own initiative or by the requirement of a third party, from those USERS that do not comply with the legislation or these Terms and Conditions of Use or that in some way execute actions that result or may result in illegal activities.
2.4 The USER shall be liable for damages of any nature that CIBER may suffer as a result of noncompliance with any of the obligations to which it is subjected by these Terms and Conditions of Use.
3 CIBER'S RESPONSIBILITIES
3.1 Due to technical and operational issues, CIBER cannot guarantee the availability and continuity of the Website's operation and of its contents. CIBER shall under no circumstances be liable for material damage of for pain and suffering, whether direct or indirect, caused by the unavailability of the Website, error in its functions, performance failure, delay in operation or transmission, due to line or hardware failure, or for any other reason.
3.2 CIBER has prepared the website and included information about the company, its products, and services with the utmost care and diligence possible. However, the information may contain technical inaccuracies, typographical errors, or may become out-of-date or incomplete. In this case, CIBER shall not be liable for any damage that may occur due to any lack of accuracy, quality, completeness, or the updating of this information. CIBER reserves the right to make changes, corrections, and improvements in the information at any time without notice.
3.3 CIBER always seeks to keep the Website free of viruses and other threats. However, CIBER cannot guarantee that the Website will not be affected by viruses or other threats as a result of third party actions, nor can it be responsible for the damages they may cause to USERS. To ensure security, each USER should take their own measures, such as having an anti-virus program and the like, before downloading any information, software, or documentation.
3.4 The Website may contain hyperlinks, banners, and other fields that redirect the USER to external websites or pages of companies with which CIBER has business relations, which does not necessarily imply that CIBER agrees with its content nor that it is responsible for it or the quality, completeness, or timeliness of the information shown there as these pages can be changed at any time without CIBER's interference.
3.5 The external websites are not regulated by these Terms and Conditions of Use, but by their own policies, and access to these websites and providing personal information on them is done at the USER's risk, which therefore exempts CIBER from any liability in this regard.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 The intellectual property rights over the website's content, such as texts, products, brands, pictures, names, graphs, illustrations, videos, and logos are the exclusive property of CIBER or other companies belonging to the WIRTGEN GROUP.
4.2 Using the Website does not give the USER the right to use, reproduce, transfer, show, or distribute in any way the content of the Website without prior written consent from CIBER.
5 PRIVACY AND PERSONAL INFORMATION
6.1 CIBER reserves the right to change these Terms and Conditions of Use at any time and at its sole discretion, without the need to notify the USERS.
6.2 Any change made to the Terms and Conditions of Use shall be shown in this space, therefore we recommend visiting this area frequently to stay informed of any changes.
7 APPLICABLE LAW AND JURISDICTION
The Terms and Conditions of Use shall be governed and interpreted by the laws of the Federative Republic of Brazil and any controversy or dispute arising between CIBER and the USER regarding the interpretation of the Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Central Court of the District of Porto Alegre (RS) excluding any other, no matter how privileged it may be.
Terms and Conditions of Supply
The conditions / rules / obligations set out in this document aims to regulate the relationship between CIBER and its suppliers, which are governed, as appropriate, by Law 10,406 / 02 ("Civil Code").
1 SELLING ITEMS
The items from the Purchase Orders:
i) are directed to sale, it cannot be billed along with other items from Processing orders.
ii) does not need to wait the delivery date and can be delivered in advance.
CIBER reserves the right, in case of divergence between the Invoice and Purchase Order, to send a debit note against the supplier disregarding any previous authorization. It will be returned materials that show any differences between the Invoice and Purchase Order and any non-compliance of the product, running the supplier´s responsibility of all costs that CIBER may have to return the material.
CIBER does not recognize and does not accept charges via Mercantile companies (Factoring) and Credit Law Funds (FIDC). Therefore, the charges received by these companies will be fully disregarded.
3 CONTRACT DOCUMENTATION
The supplier shall use all technical documents required by CIBER (and by the law), such as norms, specifications, etc., in accordance revision indicated in the purchase order.
4 DELIVERY CONDITIONS
The date for materials delivery must be strictly obeyed under penalty of generating CIBER immediate end of the business relationship with the supplier, in addition to severance payment. Anticipations or delays, failing to return the goods at the expense and risk of the supplier will not be accepted.
For freight FOB the goods should necessarily be delivered by the carrier indicated on the purchase order. Otherwise, the freight will revert to the supplier, at its own expense.
Our time of receipt at the gate is: Monday to Friday from 7: 30 am to 2: 30 pm.
The XML file generated in the issuance of electronic invoice shall be sent by e-mail.
The material delivered in CIBER shall be accompanied by a printed DANFE (sending XML file does not exempt this procedure), subject to the terms of tax legislation / tax applicable. And invoices for services the printed DANFE should be sent to Fiscal Receipt sector CIBER.
CIBER reserves the right to reverse the shipping of all material returned by inconsistency in the invoice.
Subject to any updates that may occur under the applicable law, follows below MANDATORY information to be included in the issuance of the invoice:
A) CIBER Product code (next to the description of the item);
B) Number of purchase order and position (next to the description of the item);
C) Tax classification;
D) Item Description without abbreviations;
F) Type of transaction;
G) Taxes: where applicable should be highlighted and as free quote the law;
H) Tax situation.
Any impossibility of delivery on the requested date or any other divergence in the purchase order must be reported within 3 (three) days after receipt thereof.
Find below some important contacts:
7 MATERIAL RETURN
Each and every item supplied to CIBER, which perchance have some defect / addiction that leads to greater non-compliance or hidden defect, it will be returned to the supplier with their reversed freight costs.
This action is valid for any of the options chosen, as CIBER GENERAL SUPPLY GUIDE.