Orders are exclusively accepted under the conditions below:
- The prices are intended as goods delivered ex-works to our warehouse in Carmenate.
- The data and the illustrations indicated in our catalogue are purely by way of an example and no claims shall be accepted regarding any variations or modifications considered as an improvement.
- Orders are considered accepted subject to goods being unsold and we reserve the right to process split orders and orders in approximate quantities.
- The orders given to our agents, representatives or business travellers are not binding. Verbal or telephone agreements are only valid if confirmed in writing by us.
- The packaging is invoiced at cost and no returns shall be accepted.
- The goods are intended as sold ex-works our headquarters and travel at the sole risk of the buyer, except where otherwise agreed.
- For goods delivered ex-works at our headquarters, claims against the forwarder for damage, shortages, etc, during the transport are the responsibility of the recipient.
- Any defects in the goods sent must be notified within 8 days following the arrival of the goods. The client must check the goods within this time period using suitable means with which to ascertain any hidden defects. Claims for any contractual non-fulfilment must be brought judicially by the client within one year from the delivery. The guarantee is only binding for the replacement of the parts delivered free port, but excludes any other request for damage compensation expenses, etc. The substitution or the crediting will occur only after the said piece has been examined by our technicians. The pieces in question must be accompanied by a dispatch note which also contains the number of the invoice and the related defects found.
- The delivery terms are only approximate and we shall not be held liable for any delays caused by factors that are outside of our control: such as production restrictions, accidents, prolonged holdings in customs, strikes and lock-outs, etc,. The terms of delivery shall be extended for a period of time equal to that in which the events occurred.
- If, however, the delay in the delivery is due to seller, the client must give formal notice as in art. 1454 c.c. with a term of one month after which the contract shall be considered as cancelled. Only the gross negligence by the seller can give rise to compensation for damages within the limits of the value of the goods.
- Only payments made directly to the headquarters of the seller in Cermenate for the amount invoiced will be acknowledged. Discounts in the invoice may not be rounded up and lapse in the case of delay in payment beyond the established terms. Payment against bills are intended as agreed always in favour of the seller. Failure to pay these confirms the obligation of the client to pay immediately afterwards at the headquarters in Cermenate.
- The total or partial failure or delay in payment of an invoice authorises the seller to cancel any other contract with the client.
- Payment may not be delayed due to disputes of any kind that may be put forward only after the said payment has been made. The cost of storage at the forwarders and carriers of the protested goods are always at the expense of the buyer and defects ascertained by the buyer may only be claimed against under art. 696 c.p.c. in Cermenate in consultation with the seller.
- The retention of the invoice implies its acceptance.
- The tribunal of Como has jurisdiction over any disputes.
- The non-observance of any of these conditions entitles the seller to consider the contract cancelled via a simple declaration.
- Only the failure in quality promised or the quantity essential for the use of the materials can terminate the contract but at the incontestable discretion of the seller and, however, with a compensation that is specifically limited, with the acceptance by the Parties, to the value of the goods sold and not beyond; a limit agreed between the buyer and the seller which cannot be challenged, unless, however, the lack of quality exceeds the tolerance limits established by the use, subject to the forfeitures referred to in art. 1495 c.c
- With the substitution of the order and the acceptance of the here indicated general conditions, in the case of a foreign company, asides from that above regarding the competent tribunal, this shall unequivocally and fully accept the exclusive Italian jurisdiction with each consequential jurisdiction expressed above.