The acceptance of the offer and/or of the order confirmation by the buyer implies the full acceptance of the present GCS even when the acceptance is by the simple execution of the contract of sale itself.
Any modification of the present GCS must be made in writing.
Object of the sale
The supply includes only items shown in the order confirmation signed and/or agreed by the buyer in his enterprise or professional activity. Illustrations and data resulting from catalogues and price lists are given as a piece of information and are not binding; the seller has the right to bring modifications without notice.
The dispatch date is indicative and not binding. Any delay in the delivery or the partial order dispatch does not give the buyer the right to cancel the sale, be entitled to direct or indirect damages, or defer the payment, previously agreed upon, for the supplies already delivered.
The goods always travel at buyer’s own risk whatever the delivery terms may be.
The payment shall be made with no fail in the place of issue of the invoice at the conditions stated on it, independently from any claim or objection. Once due the term of maturity previously fixed, the arrears in force will have effect, as stated by the Legislative Decree 231 dated 9 October 2002, besides the compensation for any higher expenses.
The non compliance with the payment conditions enables the seller to suspend the dispatch of new orders.
Prices shown are for goods delivered ex warehouse from our factory and do not include: value added tax, stamp duty, insurance, unclaimed goods cost, package and freight taxes and expenses. List prices are not biding and can be charged in ratio with the cost of raw materials and the manpower.
Our products are guarantee 6 months from date of delivery. The warranty consists of the free replacement of pieces due to an ascertained faulty construction.
The warranty doesn’t cover faults deriving from normal deterioration, negligence, inexperience and/or incompetence in the use or application as well as external causes, corrosion, wearing effects of resonance, improper usage/storage/maintenance and any consequence produced by foreign bodies coming in touch with the working fan.
The seller is exempted from any responsibility and obligation for damages endured by persons or things depending on the use of the goods supplied, hidden faults, construction or material fault or lack of the essential requirements. The seller is also exempted from any responsibility deriving for any violation of patents, trademarks or models found out in the goods supplied as a whole.
The seller is exempted as well for any faults deriving from any modification and/or repairing not previously approved by the seller himself.
Without prejudice to any actions to be taken against the carrier, complaints made regarding visible defects or any noncompliance of the delivered goods with the order or with the delivery documents, must be lodged in writing within five (5) days of receiving the goods.
The buyer shall provide the seller with all evidence regarding defects or anomalies detected. The buyer shall permit the seller all means to ascertain the defects and to find a solution. The buyer shall not intervene, nor have any third party intervene in this process.
If the buyer fails to check the quality of the goods within five (5) days of receiving the goods, or having checked the goods, the buyer uses the goods or sells the goods to a third party, the seller will have no liability for any damage whatsoever resulting from the use by the buyer or the third party.
Once the liability has been acknowldged, the seller shall replace, repair or refund the cost of any goods which he has acknowledged as noncompliant or affected by a visible defect, to the exclusion of all other indemnities and/or damages. Where applicable, on seller’s request, the buyer will return the goods which have been replaced or refunded. The transport of the parts to be repaired or replaced are charged to the buyer. As for parts not manufactured by seller, the warranty is limited to what acknowledged by the seller’s suppliers.
In any case the refundable cost shall not be higher than the price paid by the buyer for the goods whose noncompliance the seller has acknowledged.
In case the claim isn’t acknowledged, the buyer shall refund the seller all borne costs.
The goods to be sold are exclusive property of the seller up to total payment of the price agreed upon, as provided for by art. 1523 c.c.
Any dispute and controversy shall be devolved to the competence of the law court in Reggio Emilia. If any legal proceedings are commenced against the buyer by any third party in another court, the buyer waives all rights to invoke any guarantee against the seller before this court. In case any discrepancy between Italian and English version of these GCS should be found, Italian version is the binding one.