CONDITIONS OF SALE
All our sales are made to the following conditions, unless otherwise agreed specifically in writing, to be determined every time, and reported in our quotations (offers) and / or order confirmations.
Orders: The orders, complete with all data, must be sent by fax or email. Any changes to the order will be communicated by the company within 5 days from receipt of order, otherwise the order is confirmed. The company will only dispatch orders which have been completed in their entirety.
Prices: prices indicated in quotations or order confirmations when expressed in foreign currency and not Euros refer to the official exchange rate at the date of quotation or order confirmation, according to U. I.C. (Italian Foreign Exchange Office). In such a case, if the exchange rate changes more or less in excess of 2% on the invoice date, this will be automatically shown in the invoice for the full percentage.
VAT: prices indicated in our quotations don’t include VAT. The tax, when due, is charged to the customer.
Payment: Unless otherwise agreed and shown in our quotations or order confirmations, payments will be made in advance on notice of “readiness for dispatch”;
a. If there are special order requests, 2/3 of the value of the products shall be paid by the customer immediately upon receipt of our confirmation of order; the balance will be paid on notice of “readiness for dispatch”.
Special productions are carried out for the products: U-Boot, U-Bahn, Atlantis.
b. If payment is not received within 15 calendar days from the established deadline, 1% of the total value of the supply will be charged for the withdrawal, as storage material, for each additional week of storage and in every case our company reserves the right to seek additional indemnification for damages.
c. When the goods are ready to be dispatched in fractionated deliveries, non-payment of just one of them gives us authorization to suspend immediately the remaining shipments, until payment of the dues one, and we reserve the right to demand in advance the price of subsequent deliveries, including any interest and expenses.
d. If there is any delay in payment, interest will be charged on arrears at the official rate in force at the expiry date, plus 5 (five) percentage points in addition to costs, fees and collection costs. The interest on arrears shall run from the expiry without any formal notice.
Terms of delivery: terms of delivery shall commence with the acceptance of the order, except for special productions orders (U-Boot, U-Bahn, Atlantis) where the terms shall commence from the date of deposit credited in advance (without which it won’t be able to initiate the manufacture of products) and even if the quotation or order confirmation contains a fixed maturity date.
Unless otherwise agreed, shown in the quotation or order confirmation, delivery times are usually:
In Italy: 7 working days
Abroad: 20 working days
Delivery times are approximate and not binding for the seller, any delay or non-delivery, occurring for unforeseen reasons, will not give rise to any compensation or damage and neither the customers right to cancel or reduce the order or any questions or action or claim damages, unless otherwise specified in writing and duly accepted.
Output: The goods are delivered Ex Works (Incoterms 2010) loaded in the departing vehicle, at our plant in the province of Treviso, unless otherwise specified in the listing and / or order confirmation. The delivery of goods is meant by the notice of “readiness for dispatch” and, if applicable, from that instant it will starts the credit terms.
Packing: The packaging is included in the price of the supply except for the realization of packages of non standard size, where the charge will be at the pure cost.
Transport: at the sole risk of the customer, even if the price has been agreed for goods delivered free of carriage. When ordering, the customer must specify the desired carrier otherwise goods will be shipped using our shipping partner. The goods are not insured except by express order of the customer and at his own expense and risk. Any increase in freight rates, insurance or taxes, customs or other which enter into force after the conclusion of the sale, will be charged to the buyer.
Checking and faults: The verification of the delivery and reporting of any defects by the customer must take place no later than 8 calendar days after delivery of the material, after this period it shall be deemed that the customer is happy with the goods. In the case of hidden defects, the notification must be given within 8 days of discovery.
Restitution or failure to collect:
a. Are not accepted returns of goods adequate and/or not fouled if not previously agreed and authorized in writing.
b. In case of restitution, previously authorized in advance by the seller, the buyer is still bound to pay an amount equal to 30% of the total amount of the returned goods.
c. If goods are not collected within fifteen calendar days, our company may terminate the agreement immediately and the customer will be obliged to pay an amount equal to 30% of the total amount of goods.
d. In any case to our company has the right to ask to the customer additional sums as compensation for damages, costs, expenses or any other title/credit as a result of the restitution of the good and the Failure to collect.
Guarantee – excluding the content of Conventional Guarantee (read): he goods supplied are guaranteed for free replacement of goods that show defect of manufacture or defective materials. In case of impossibility of replacing a good that does not conform to the specifications given in the reference documentation, it will be given back the corresponding of the supply, in acknowledgment of all rights.
Each assessment on the replacement of goods supplied or recast it is left to our company. Any further expenses to return to / from our office are always charged to the customer. In the case of inspections of our staff, if not experienced or found any problems attributable to us, are charged to the customer the travel expenses.
The warranty period is 12 months. The occurrence of defects manufacture and / or defected material does not entitle the Customer to terminate or reduce the agreed payments. In any case, the warranty period starts to run from the day of notice of “readiness for dispatch”.
a. Our company is not responsible for improper use of the product, not in accordande to the intended application and / or in violation of the indication of the manufacturer. It is responsibility of the customer verify the the suitability of the supply of the objects for the specific application.
b. Under no circumstances our company shall be liable and ou company shall not be called upon to compensate the loss of profit, cost, expense or damage suffered by the customer for the use or non-use of items supplied because of non-compliance to the specifications given in the reference documentation, and more generally for any occurrence, act or omission attributable to our company.
c. The technical specifications of the products sold and in the forms mentioned in catalogs or brochures, or other technical annex of the products, may be modified or subject to modification and / or specifications and in the same case with similar features and performance, without implying any liability attributable to our company, due to this variation.
Retention of title: The goods remain our property until payment will be done by the Customer for the whole agreed price and/or any other sum due.
Jurisdiction: Any dispute will be governed by Italian law and will be under the exclusive jurisdiction of the Court of Treviso (Italy).