General conditions of sales

 

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.