Art. 1 – Orders
Commissions, any possible variations, exactions, negotiations remittances, transactions etc served as Agents, or intermediaries are not valid without our writing confirmation.
Art. 2 – Prices
The prices are to be intended to the clean one, for cash for delivery ex works, except that in case of different agrrements. If among the date of order and that of delivery they occured increases in the costs of raw materials, from the labour costs of the fuels, in the expenses of production of transportations etc. the seller can increase the agreed upon price. Nevertheless if said price is overcome 20% that agreement during the order, the buyer can recede from the contract notifying us for such registered letter his/her wish within the peremptory term of 10 days from the reception of the notice of increase price.
Art. 3 – Deliveries
The terms of delivery are always and purely indicative and the extension of them cannot give right to the buyer to application of indemnification or other, without any kind of exceptions. Only in the case the delay overcomes the 60 days the buyer can communicate with recommended letter its intention to consider resolved the contract; it stays excluded every reimbursement of damages to his/her favour.
Art. 4 – Consignments
The material travels to risk and danger of the buyer and it intends sold in the warehouse deposit also declining the seller every responsibility in the case is furnished ex works. It would be duty of the buyer to verify the material before the withdrawal, making due reserves to whom of reason in the case breaups or differences were found in the quantity of the material, of which the seller cannot have called to answer.
Art. 5 – Payments
The place of pament stays fixed and exclusively stopped near our legal centers. Also in the case in the contract is anticipated the payment in a different place or with issues of drawn or with release of bills, the relative clauses intends only revolts to facilitate the payment from the buyer but don’t behave the move of the place same that stays fixed near the our legal centers. The expenses of stamp and collection effects and drawn are to load of the buyer.
Faculty to send forth drawn – Departed 10 days from that fixed for the payment we will cerainly be authorized to send forth to coverage of the price it treats to sight with expenses without warning.
Art. 6 – Riservation of title
Goods are sold with agreement of RISERVATION OF TITLE to the senses of the art. 1523 and following of the Codice Civile. Accordingly actually to the total payment of the wole price, inclusive any possible interest and accessories all, the goods remain in our ownership.
Art. 7 – Interests for delaied payment
From the day fixed for the payment the will elapse to our favour the current commercial interest rates.
Art. 8 – Decisive clause
In case of missed payment, also of only a part of the material already furnished and also in the case the buyer delaies up to 8 days to effect the payment in any kind agreed upon, the seller will have the faculty to consider resolved the contract with consequent exemption of the obligation to effect the supplies not yet performed, so also in case of insolvency, also only apparent, of the buyer.
Art. 9 – Solve et repete
For any reason, inclusive claimed faults or defects of the material, the buyer can suspend or delay the payment of the withdrawed material, except of course the faculty to repeat how much can show to unduely have paid.
Art. 10 – Claims and guarantees
They are not considered claims and confrontations, if not directly addressed to us, by letter within and not over 8 days from the arrival of the commodities to destiny and however after the laying in work of the material. The buyer that has advanced claim in useful time will owe to hold firm to disposition of the seller for every control the wole lot of material and when it should be verified faults and defects of quality, he will have the only right to the substitution of the defective materials with exclusion of any reimbursement damns. The responsibility of the seller in no cases could be extended to the use which the buyer intends to destine the product, even in the case that from our side suggestions are furnished or recommendations about the laying of the same. After our previous authorization, we can exclusively accept the restitution of the material. We reserve besides the right to suspend in whatever moment the sale of any products or to bring to the same determined modifications, if particular demands of technical or commercial kind induce us to a change of our current productive or distributive programs.
Art. 11 – Expiry of the guarantee
After acknowledgment of the commodities the buyer will have to submit it to accurate control, opening the boxes, in case he finds faults in any apparent way or for which works our guarantee the buyer will have to advance claim that will be valid only if it will be formulated with recommended letter directly addressed to us within the peremptory term of eight days after acknowledgment of the commodities. Elapsed such term the buyer will decay from any guarantee for any faults that can be considered apparent to expert evaluation. In case the buyer had usefully advanced claims it will have hold to our disposal the whole lot of material, instead in absence of it, also partly, it will decay from any guarantee.
Art. 12 – Competent jurisdiction
For any controversy, however related to the supply, so much from the seller as from the buyer, with application of the italian law, exclusive competence would be to the court of Reggio Emilia, except different designation from the seller.