The placing of an order and the subsequent receipt of the order confirmation by the purchaser assumes the knowledge of and constitutes the acceptance of these conditions of supply. These terms and conditions supersede and replace the purchasing conditions of the buyer without obligation to our dispute in writing, unless agreed otherwise accepted by us in writing.
The prices and conditions of supply set out in the order confirmation, regardless of what is indicated in the eventual economic offer, are the only binding things on the parties. We accept orders sent exclusively by fax, mail or email. For the date the order is issued, the date of receipt by the supplier is intended. Only confirmed orders from the supplier through the order confirmation sent by fax, mail or email will be considered effective.
Any changes to the order by the purchaser shall be communicated by fax, mail or email and are still subject to acceptance by the supplier by issuing a further order confirmation.
Only the prices shown in the order confirmation are valid. The prices are exclusive of VAT.
4. Minimum order
No orders are accepted for amounts less than € 100.00, subject to our acceptance by means of an order confirmation, in which case we may charge in the invoice an administrative fee of Euro 25.00.
5. Trade terms
The goods are delivered EXW Tekima – Borgosatollo (BS) Italy, unless specific agreements are made where different returns are agreed, in which case the risk of transport is still the responsibility of the recipient.
6. Terms of delivery
The terms of delivery are purely approximate, in no case of delayed delivery can the buyer reject all or part of the goods or ask for compensation for direct or indirect damages. For terms of delivery, it is intended the day on which the products are ready for shipment and are expressly stated in the order confirmation. The supplier shall promptly notify the purchaser the risk of any delays if they exceed 5 working days of the scheduled date, quantifying them and giving the reasons for them properly. If it is necessary to make an urgent delivery, any increase in costs, will be communicated to the purchaser.
All sales are made in complete packs equal to or in multiples of the amount given in our catalogs and/or price lists. The required quantities that deviate from the packages listed will be adjusted, up or down, to conform to the unit of standard packaging.
In case the deadlines established are not complied to, an interest at the rate of trade shall be charged, while the non-payment of a bill authorizes the supplier to suspend any further shipments of material. The credit that the supplier has with a buyer may be transferred in whole or in part without the express authorization of the buyer.
9. Warranty and Insurance
The products are guaranteed for a period established by the Law from the moment in which the transfer of ownership of the same buyer has been perfected. The guarantee covers the replacement or repair of the unusable or defective products due to manufacturing defects and will be valid only if they have been used in accordance with the required technical standards. All other damages and liability for any direct or indirect damages resulting from improper use are excluded. The guarantee will be given only at the supplier’s premises existing at the time of order confirmation and will not recognize, as of now, charges related to warranty for repairs performed by the purchaser for the replacement and / or repair at its premises or elsewhere. The guarantee does not cover normal wear and tear, or failures or breakages caused by inadequate maintenance, nor may it be required when the buyer has tampered with the products supplied or is not up to date with payments.
The supplier shall be covered by appropriate insurance to cover the risks of the liability that may arise from total or partial non-fulfillment of his obligations and all the associated risks, including the risk resulting from the supply of defective products in accordance with the provisions of Article 1917 of the Civil Code.
10. Characteristics of products
All information relating to the specifications, weight, dimensions and drawings is provided as a guideline only and are subject to updates without prior notice. The purchaser is not entitled, unless otherwise agreed, to send to third parties, statements, technical drawings and / or documents which are confidential or bear indications which are totally or partially protected by patent or other industrial property belonging to the supplier. All designs, specifications, plans and documentation in general relating to products made available to the buyer are and remain the exclusive property of the supplier.
The buyer agrees to extend this constraint to its potential subcontractors if they become aware of such information.
Any complaints must be notified in writing within 5 (five) days from receipt of goods, after this period the right to complain ceases to apply. The acceptance of the product by the buyer frees the supplier from liability of manufacturer with regards to the quality and quantity of the products.
12. Retention of title
The delivery of our material intends delivery made and accepted with the understanding of our retention of title until the total fulfillment of payment obligations arising from the provision.
13. Returns material
We do not accept returned goods unless authorized in advance in writing and the transport to our warehouse must be paid by the purchaser in original and whole packaging.
14. Arbitration clause and jurisdiction
All disputes which may arise between the parties in relation to the order/purchase agreement, including those relating to its validity, interpretation, execution and termination, shall be referred to the decision of a panel of arbitrators consisting of three members, one of whom appointed by each party and the third appointed by the first two by mutual agreement or, failing such agreement, by the President of the Court of Brescia. The arbitration shall be ritual and will be based in Brescia. The Arbitration Board shall decide in accordance with the law. For non resolvable disputes the exclusive jurisdiction will be the Court of Brescia.
The terms and general conditions of supply are regulated by Italian law. Possible references to Incoterms contained in the order confirmation must be intended as references to the version of Incoterms published by the International Chamber of Commerce in force at the date of the order confirmation. The presence of one or more clauses null and void or invalid shall not affect the validity of the order/purchase contract as a whole.