9
Supply Terms/Waranty
at the rate established in Legislative Decree n.231/2002
The Supply Agreement becomes final when the Supplier confirms the acceptance of the order in writing.
During the pre-contractual phase, the Customer must infrom the supplier of sll specific local provisions that need to be met in the
country to which the machine is designed to be used.
Exclusions.
Unless otherwise agreed in writing, the supply shall not include the design of the system, the installation of the
equipment supplied, special tests, training courses, assistance during the commissioning phase and all services and costsnot
mentioned in the Supplier’s written confirmation of acceptance of the order. Likewise taxes, stamp duties, customs written
confirmation of the acceptance of the order.
Delivery.
Unless otherwise agreed, all products shall delivered
ex works.
After the equipment has been handed over to the Customer or carrier, the Supplier shall no longer be responsible for delivery.
Therefore, the Customer shall be responsible for all risks even if the Supplier is responsible for on site delivery or disassembly.
Delivery schedules are indicative only and shall be counted in working days.
Unless otherwise agreed by the parties, the
deadlines shall start to run from the date in which to official Agreement is signed, unless the Customer is expected to pay part of
the price as down payment, in which case the delivery schedules shall be calculated from the time in which the payment is made.
The parties agree that delivery schedules shall be automatically extended:
If the Customer fails to duly supply the date or materials necessary for the supply or requests changes during its execution or
days the apporval of the drawing or working diagrams.
Due to situations not imputable to the goodwill and diligence of the Supplier, including delays of sub-contractors that prevent or
make the agreed schedules difficult to meet.
If the Customer has failed to pay other supplies, the delivery terms shall be suspended and the Supplier may delay the delivery
until the full settlement of all the due amounts.
The Customer agrees to pay all expenses required to store the product in the event of failed acceptance of the supplies for
reasons not directly imputable to the Customer or the Supplier.
Payments.
Unless otherwise agreed,
payments shall be made by the Customer within the terms specified in the written
confirmation
of acceptance of the order at the Supplier’s domicile or to the bank indicated, In the event of delay, the Customer
shall have to pay interests on arrears, which shall be calculated automatically without any need of setting up formal or legal
actions, at the official discount rate established in Legislative Decree n. 231-2002 of the country of the Supplier increased by
three points. It is however understood that the Supplier is entitled to claim compensation in the event of damages and
cancellation of the Agreement.
Controversies between the parties shall not exempt the Customer from complying with
payment terms and conditions.
Warranty.
The supplier guarantees the conformity of the products supplied,
i.e. the lack of defacts in materials and
workmanship and their full compliance with the terms of the Agreement signed by the parties.
The guarantee is valid for twelve
months
from the date of delivery of the products to the final User, which shall be that date found in Supplier or Retailer sales
documentation, meaning the invoice date in the case of direct user delivery, or the date of transport documentation in the case of
transport and/or transporter means delivery.
For substituted products or components, the guarantee is valid from the day of their redelivery to the user.
Any product flaws and/or defects noted by the user during the period of the guarantee must be reported by means of a certified
letter with return receipt addressed to the Supplier
within no later than eight days
from delivery for evident defects and eight
days from their discovery for hidden defects.
Once reported writing has been regularly received, the Supplier will 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 there of 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 replacement or reparation shall generally be ex works,
meaning that the Customer shall be responsible for all costs and
risks related to the transportation of faulty products, However, if the supplier, in agreement with the Customer, believes it is more
appropriate to carry out the necessary replacement or reparation work in the Customer’s premises, the Customer shall also be
expected to pay traveling and accmmodation expenses of the technicians provided by the Supplier, in addition to guaranteeing
the availability of the all equipment and auxiliary staff required to carry out the tasks in the quickest and safest way. The
guarantee shall be terminated whenever products have been assembled or utilised incorrectly or else whenever not in conformity
with directions supplied by the Manufacturer, or if any products have received insufficient maintenance or if they have been
modified or tampered with. The Supplier is not responsible for conformity defects of the products due to normal wear and tear
of all the parts that are, by nature, subjected to quick and constant wear and/or need periodic replacement and/or consumption.
Supplier responsibility.
The Supplier shall be solely responsible for the
correct operation
of the product supplied as regards
the original characteristics and performances expressly indicated. Therefore, the manufacturer shall not be responsible for faults
orginating from the machine being operated by the Customer or third parties, even if the components provided by the Supplier
have been used. The Customer shall not be entitled to claim compensation for indirect damages,loss of profit or above the value
of the product itself except in the cases set forth in Presidential Decree no. 224 dated 24.05.1988 and in the provisions of Art.
1229 of the Civil Code.
SAMWAY
www.samway.com [email protected]
