OP
S.r.l.
25131 BRESCIA - Via Serpente, 97 - Tel. 030/3580401 - Fax 030/3580838
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34
Conditions of Supply/Guarantee
(Standard purchasing conditions defined by ASSOFLUID, CETOP member)
The supply contract comes into force upon written confirmation from the supplier of acceptance of the order.
The customer, before drawing up the contract, is obliged to inform the supplier about particular norms which need to be
respected in the Country where the product will finally be shipped.
Exclusions:
Unless otherwise agreed in writing, the system design, the installation of equipment supplied, special testing,
training courses, start up assistance and all services and costs not mentioned in the supplier’s written confirmation of
acceptance of the order shall not be considered included in the supply. Likewise the costs of taxes, stamp duties, customs
expenses, duties and any other extra expenses shall not be included in the prices unless otherwise stated in the supplier’s
written confirmation of the acceptance of the order.
Delivery:
Unless there is agreement to the contrary, the supplies shall be deemed to be goods
ex works.
With hand over of the equipment to the customer or carrier the supplier shall be released from the delivery obligation and all
risks on the equipment itself shall pass to the customer even in the event where the supplier is responsible for the despatch or
installation.
The delivery deadlines shall be regarded as an indication
and shall be reckoned in working days. Unless otherwise
agreed by the parties, the deadlines shall start to run from the moment of conclusion of the contract, unless the customer has to
pay part of the price in advance; in this case the delivery deadlines shall be suspended until the payment has been carried out.
It shall be understood that the delivery deadlines are automatically extended:
•
If the customer does not supply in reasonable time the data or materials necessary to the supply or requests changes
during execution or, even, delays in meeting the request for approval of the drawings or working diagrams.
•
If causes independent of the goodwill and diligence of the supplier, including sub-contractor delays, impede or render
excessively difficult delivery within the terms established.
In the event that the customer is not in order with payments relating to other supplies the delivery terms shall be suspended
and the supplier may delay deliveries until the customer has paid the amount due.
In the event of failure to take delivery of the products by the customer for reasons attributable to him or for reasons
independent of the supplier’s will, the customer shall bear the risks and expenses for their safe keeping.
Payments:
Unless otherwise agreed,
payments shall be made by the customer
within the terms outlined in the
written
confirmation
of acceptance of the order at the supplier’s domicile or at a bank indicated by him. In the event of
delay, the customer shall be bound to pay interest on arrears which shall be calculated automatically, without the need to set up
any formal or legal action for the default, at the official discount rate of the country of the supplier plus three points. In any case
the supplier will reserve the right to request compensation for damages suffered and the cancellation of the contract.
Any
disputes which may arise between the parties shall not release the customer from the obligation of observing
the payment terms and conditions.
Guarantee:
The supplier guarantees the conformity of the products supplied
, which shall mean that the products
are without defects in the materials and manufacturing and that they meet the provisions of the contract between the parties.
The guarantee is valid for
one year
from the date of delivery of the products and, for substituted products or components,
from the day of their substitution.
Within this period the supplier to whom the customer has reported in writing the existence of defects -
no later than eight
days from the
delivery
for evident defects and eight days from their discovery for hidden defects - shall undertake, at his
choice – within a reasonable term according to the extent of the objection – to repair or substitute free of charge the products
or parts thereof which proved to be defective.
The return of the defective goods should always be authorised by the supplier in writing. Furthermore the goods must be
returned in their original packaging.
The substitution or repairs shall as a rule be carried out ex works
: the costs and risks for transport of faulty products
shall be at the customer’s expense. However, if the supplier, in agreement with the customer, deems it more appropriate to
carry out the necessary work for substitution or repair on the customer’s premises, the customer shall sustain the travelling and
accommodation expenses of the technical staff made available by the supplier and shall supply all means and auxiliary staff
requested for carrying out the operation in the quickest and safest way. The guarantee will terminate whenever the products
have not been correctly assembled or used, or have received insufficient maintenance or have been modified or repaired without
the supplier’s permission. The supplier is not responsible for conformity defects of the products due to the normal wear and tear
of all the parts that are, by nature, subjected to quick and constant wear.
Supplier responsibility:
the supplier shall be solely responsible for the
good operation
of the product supplied as
regards the features and performances expressly indicated by him. He shall not, however, assume any liability for any faulty
operation of machines or systems made by the customer or third parties with components from the supplier.
In any case, except for the cases governed by Presidential Decree dated 24 May 1988, no. 224 and the provisions of art. 1229 of
the civil code, the customer shall not request compensation for indirect damages, loss of profits or production, nor shall claim
compensations exceeding the value of the goods supplied.
Reservation of ownership
:
the supplier shall retain ownership of the products supplied until full payment
of the price agreed upon
.
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