GENERAL CONDITIONS OF SALE
These General Conditions of Sale apply to all quotations, offers, sales and orders accepted by Tecnica Srl with head office located in Via Labirinto n. 151, Brescia, Italy (hereinafter, the "Seller") that come from any natural or legal entity with head office or domicile in Italy or abroad, acting on behalf of a business, entrepreneurial or professional activity (hereinafter, the "Buyer") and these General Conditions of Sale regulate all the sales of goods listed in the Seller's catalogue (hereinafter, the "Products"). Any conditions that differ from those stated herein shall be effective only if accepted in writing..
1. THE PRODUCTS
The Products subject to the sales are those listed in the Seller's catalogue with the specifications and drawings outlined therein.
2. ORDERS
The validity of a forwarded order is subject to the acceptance by the Seller through an order confirmation. The Buyer undertakes to return a copy of the order confirmation duly signed and accepted. If the order confirmation is not returned, the order shall in any case be regulated by these General Conditions of Sale, without prejudice to any changes agreed in writing between the parties.
3. PRICES, DELIVERY EXPENSES AND PAYMENT CONDITIONS
• The prices specified in the order confirmation refer to the Price List in force as of the signing of this Contract (see exhibit). If there is a change in prices when the goods are delivered with respect to the Price List in force as of the signing of this Contract, the Seller reserves the right to adjust the agreed price based on the respective change. The Buyer shall immediately inform the Seller of any error or omission of any sort in the payment conditions or in the prices, outlined in the acceptance document.
• Prices do not include VAT and other taxes or customs fees or charges that may affect the Products in the country of the Buyer. Unless agreed otherwise, prices are expressed in the currency of the Seller's country. Prices do not include shipping costs which shall be paid by the Buyer.
• Payment must take place within the terms agreed between the parties. Once the payment term expires, the Buyer shall be declared in default pursuant to article 1218 and subsequent articles of the Italian Civil Code and the Seller may decide to charge bank expenses and possible interests to the extent permitted by Italian law for business operations.
• Upon payment due, the Buyer is automatically locked in our management system and any requested supplies will not be taken into consideration until the unpaid invoices are settled.
• Payments from abroad are subject to fund transfer fees from a foreign bank to the Italian bank and shall be paid exclusively by the Buyer.
4. DELIVERY TERMS AND CONDITIONS
• Goods always travel at the risk of the Buyer and the Seller may not be liable in anyway in case of missed or late delivery within the agreed terms whenever is due to fortuitous or force majeure events (by way of example, but not limited to wars, earthquakes or epidemics in compliance with principles of good faith in the execution of the contract), as well as caused by third parties, including delays in working the products by subcontracting parties. If the agreed delivery terms cannot be met, the Seller shall reserve the right to extend the delivery period for another period equals to the duration of the delay or alternatively terminate the sale without for the Seller to assume any liability whatsoever. By no means shall the Seller be liable for a delay or missed delivery due to a lack of products.
• The goods are sold ex-works. The goods are shipped without insurance, except in special conditions agreed between the parties. Any insurance expenses shall be paid by the Buyer.
5. COMPLAINTS
The Buyer shall inspect the Products immediately with due diligence and care, as soon as they are received at their own premises and shall notify the Seller without delay of any missing products, defects or non-conformity. Notification by the Buyer about missed, defective or non-conforming Products shall be made in writing to the following email address sales@tecnicautensili.com by no later than 10 days after receipt of the Products and must include a full description of the defects and missed products, as well as a mention of the transport documents regarding the Products. After 10 days from receipt of the Products by the Buyer, as per the transport documents without any disputes raised by the Buyer on missing or non-conforming Products, the latter shall be considered accepted as final by the Buyer. Following a complaint, the Seller shall at its own discretion, replace the defective Products or reimburse the amount paid by the Buyer to purchase them. The Seller has the right to test the Products when they are returned and charge the Buyer for all costs incurred by the Seller in case of a false claim in the defectiveness of the product.
• Payments from abroad are subject to fund transfer fees from a foreign bank to the Italian bank and shall be paid exclusively by the Buyer.
4. DELIVERY TERMS AND CONDITIONS
• Goods always travel at the risk of the Buyer and the Seller may not be liable in anyway in case of missed or late delivery within the agreed terms whenever is due to fortuitous or force majeure events (by way of example, but not limited to wars, earthquakes or epidemics in compliance with principles of good faith in the execution of the contract), as well as caused by third parties, including delays in working the products by subcontracting parties. If the agreed delivery terms cannot be met, the Seller shall reserve the right to extend the delivery period for another period equals to the duration of the delay or alternatively terminate the sale without for the Seller to assume any liability whatsoever. By no means shall the Seller be liable for a delay or missed delivery due to a lack of products.
• The goods are sold ex-works. The goods are shipped without insurance, except in special conditions agreed between the parties. Any insurance expenses shall be paid by the Buyer.
5. COMPLAINTS
The Buyer shall inspect the Products immediately with due diligence and care, as soon as they are received at their own premises and shall notify the Seller without delay of any missing products, defects or non-conformity. Notification by the Buyer about missed, defective or non-conforming Products shall be made in writing to the following email address sales@tecnicautensili.com by no later than 10 days after receipt of the Products and must include a full description of the defects and missed products, as well as a mention of the transport documents regarding the Products. After 10 days from receipt of the Products by the Buyer, as per the transport documents without any disputes raised by the Buyer on missing or non-conforming Products, the latter shall be considered accepted as final by the Buyer. Following a complaint, the Seller shall at its own discretion, replace the defective Products or reimburse the amount paid by the Buyer to purchase them. The Seller has the right to test the Products when they are returned and charge the Buyer for all costs incurred by the Seller in case of a false claim in the defectiveness of the product.
6. PRODUCT RETURNS
7. WARRANTY
The Seller warrants its products for 12 months effective as of the delivery date at the place of delivery specified by the Buyer. During said period, the parts that are defective shall be replaced free of charge ex-works the Seller in Via Labirinto 151, Brescia. Parts subject to normal wear and tear are not included in the warranty, as well as damages caused by improper use or poor maintenance. Any part considered defective under warranty must be returned by the Buyer and shipped to the Seller with transportation charges prepaid; however, the Seller reserves the right to check whether the claim is true or not. Moreover, it must be noted that the warranty is subject to timely submission of a written claim to the Seller within the terms set out in section 6 of these conditions of sale.
8. BILLING
Unless agreed otherwise, invoices shall summarise the transport documents of the month. For foreign supplies, the goods shall be shipped with an accompanying invoice. It is the responsibility of the principal to check the accuracy of the contact and tax details on the documents.
9. JURISDICTION - COMPETENT COURT AND APPLICABLE LAW
Any dispute regarding liability in contract or in tort in relation to the interpretation, validity, effectiveness, execution or termination of this Contract, shall be subject to the exclusive decision of Italian court, in particular the Court of Brescia. This Contract shall be interpreted and regulated pursuant to Italian law.