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Pagina 23
6 - GENERAL SALES CONDITIONS AND WARRANTY
PRICES
The prices are those specifically valid of the ruling price list, VAT excluded. Furthermore, they do not cover the costs of packing, carriage, delivery,
custom duties and/or any other charges, unless stated otherwise. Except when agreed with
TECNOELETTRA in writing, the ruling prices shall be
applied to all deliveries beginning from January 1. Furthermore, the prices are not binding and for general guidance only: the Seller shall have the right
to increase or decrease prices for eventual variations occurring in the cost of raw materials.
MODIFICATIONS TO PRODUCTS
The Seller reserves the right and the faculty, without previous warning, to make any modification for improvement of the products, including constructive
ones without however altering the overall structure or dimensions but assuring a total interchangeability at all times.
SUPPLY
The terms of the contract only include what is clearly and specifically described in the Seller's order. At any moment, the contract shall be suspended in
case the Buyer's property conditions change as per the Italian Civil Code art.1461. Performance of the contract by the Seller is subject to availability of
goods and material from time to time.
DELIVERY
Unless otherwise agreed in writing, as a general rule, delivery shall be ex works Guastalla. All responsibility on the Seller's part shall cease when the
goods subject of the contract are despatched from the Seller's premises; goods are consequently transported at the risk and danger of the Buyer.
DELIVERY TIMES
The delivery times defined in the Seller's quotations and in any other document issued by the Seller, begin from the date of receipt of the Buyer's order
and are an estimate only.
The Seller's reserves the right to extend the delivery time whenever the Buyer delays to fulfil the contract obligations and in particular if:
there is a breach of payment;
the Buyer does not provide each necessary data on time or does not promptly communicate his approval for drawings or schematic diagrams,
whenever requested;
the Buyer requires modifications during the contract period;
the Buyer does not supply the materials of his supply on time
circumstance beyond the Seller's control; which circumstances shall include but not be limited to weather conditions, fire, breakdown in the
Seller's plant or machinery, floods, earthquakes, war;
immobilisation requisitions, embargo, insurrection, shortage or breakdown of transport materials or plant, restrictions on the use of power,
lockout, strike, stoppages, industrial disputes or acts of terrorism, etc.
DELIVERY DELAYS
Eventual delivery delays do not give the Buyer the right to cancel the contract, totally or partially, and to receive damages, except when regularly
stipulated in the contract.
PACKING
It is always gratis.
WARRANTY AND GUARANTEE
The Seller guarantees that the products the subject of the contract shall be free from defects including components and manufacture and specifications
of the contract. The warranty period is 12 months from the date the goods the subject of the contract are despatched from the Seller's premises.
The warranty is applicable to the products supplied by the Seller and includes parts and components purchased from other suppliers of the Seller.
The guarantee does not cover:
parts subject to normal wear
parts damaged for improper usage
parts damaged for inattentive and/or careless treatment
parts damaged for improper assembly
parts damaged for excessive stress imposed to materials
parts damaged for negligence in the maintenance operations
parts damaged for circumstances not subject to the Seller's control.
The Seller shall replace or repair all products or components which present proven manufacture defects on condition that they are claimed for in writing
within the validity of the warranty period. Each repaired or replaced item is guaranteed for a period as the previous one.
The Buyer has no right to claim for damage or loss whatsoever kind arrising out of the provision or performance. The guarantee is subject to the respect
by the Buyer of the contract obligations, with particular respect of the terms of payment.
PAYMENT
The payment of the Seller's invoice must be made in the form expressly specified in the contract.
The Buyer's takes upon himself all risks involved in the transfer of the sums, whichever the method used.
For the amounts which will not be received at the payment due date, the current bank interest of the Seller shall be applied.
Payment will not be witheld pending the settlement of eventual technical or commercial objections raised.
Eventual payment breaches give the Seller the right to suspend the outstanding contracts or to require their payment in advance.
RETURN OF MATERIALS
The return of goods shall not be accepted unless previously agreed and authorized in a writing.
The acceptance of returned materials for causes not due to the Seller, depends only on the Seller's unquestionable discretion and at the conditions
given herebelow:
standard material normally on stock
original packing
no visible damage
indication of the purchase date, if possible, on the return documents
validity of the product warranty
20% deduction for handling charges, VAT excluded
return of material free of charge
PROPER LAW
For any dispute, the only competent court shall be Reggio Emilia. Whenever the Buyer intends to apply a penalty, it is to be notified by registered letter.
Retroactive effect to the date of letter receipt is not accepted. For all legal proceedings, our registered office at Via Dimo Vioni 5, Guastalla, Reggio
Emilia, Italy is valid.
The proper law governing each contract is the Law of Italy.
Conditions mentioned above cancel and substitue all previous ones.