GENERAL CONDITIONS OF SALE
These conditions of sale are part of every contract between the seller and the buyer unless excluded or changed in writing.
2. PARTIES TO THE CONTRACT
The seller is the company that produces and/or supplies the products object of the supply in question and will issue an invoice for the same products. The buyer is intended as the holder of the invoices relating to the above mentioned products.
3. VALIDITY AND ACCEPTANCE
Each order is considered accepted under the general conditions of sale here expressed or referred to in the delivery note unless there is a written variation. Any other agreement or guarantee, unless it is countersigned by the seller, if it contains clauses other than the general conditions of sale here specified, is to be considered invalid. For the purpose of order acceptance, the date in the postmark or fax of the confirmation is valid.
4. DELIVERY, SHIPMENT AND TRANSPORT OF MATERIALS
The seller undertakes to comply with the agreed delivery terms; however, an allowance of fifteen working days is allowed.
The facts that prevent or delay the production of artifacts such as, by way of example but not limited to, strikes (including corporate), set rates, fires, import bans, delayed supplies of raw materials or limitations of energy sources and other facts that prevent or delay manufacturing, are conventionally considered to be a cause of force majeure and the seller cannot be held responsible for the delay in delivery.
In the above mentioned cases, the seller may delay delivery as long as the causes of the delay last.
If the causes of the delay last more than thirty days, the seller will have the right to withdraw from the contract, without this implying the buyer’s right to compensation for damages directly or indirectly attributable to the delay.
The buyer is required to check the products at the time of delivery; the products, even if sold carriage paid, always travel at the risk and peril of the purchaser.
In the event that the confirmation provides for the supply of products belonging to different types and/or split deliveries, each type and/or delivery is considered contractually independent from the others.
Any apparent defects and shortages must be reported at the time of delivery, under penalty of forfeiture of the relative guarantee, by making a note in the delivery note.
Any parking, storage or waiting costs are charged to the buyer, even if the goods are sold free at destination and the transport is carried out by means of the seller or commissioned by the latter.
The materials are supplied with packaging chosen by the selling party.
Any packaging requested by the purchaser must be requested when placing the order and will be charged on the invoice.
All products are covered by a warranty against manufacturing defects for a period of 12 months from the issue of the invoice.
Complaints of any kind, except for those provided for in point 4 above, must be made in writing to the seller within eight days from receipt of the products, meaning that the purchaser has lapsed, after this deadline, from any right to the guarantee for defects and/or for lack of quality and/or due to differences in the products sold.
Complaints will have to be detailed, to allow the seller to have a prompt and complete control.
The products subject to the complaint must be kept available for the seller in the state in which they were delivered.
Products with obvious defects must not be used by the buyer; failing this, the buyer loses all warranty.
If the products supplied are found to be unsuitable for the use for which they are intended, they will be replaced with return at the contractually agreed point.
The buyer’s right to terminate the contract is excluded and any liability of the seller for any direct and/or indirect damage suffered by the buyer is also excluded, without prejudice to the limit set forth in article 1229 of the Civil Code.
The seller guarantees the compliance of the products sold with the specifications contained in its catalogue and/or technical data sheets (latest edition).
The manufacturer can never be held responsible for damage to things or people caused by improper use of the material or in any case not in accordance with its natural use and/or what is technically exposed in the technical literature. In case of proven defects in the material supplied, the manufacturer will supply this material as soon as possible in the same ways agreed with the previous contract at his own expense.
Particular guarantees and/or certifications can be issued, if specifically requested by the buyer when placing the order.
Any warranty is void both for use that does not comply with the performance characteristics and non-compliance with the rules on handling, storage and any special instructions provided by the seller, and for the use of accessories functional to the use of the products not supplied and/or not expressly approved by the seller.
ECOMETEO ITALIA reserves the rights to make changes and/or technical improvements deemed necessary to its production.
All prices are subject to revision if circumstances beyond the seller’s control require to do so. The prices shown in the confirmation order are considered accepted as well as the quantities, delivery and payment terms if a written communication by registered letter is not received in time to the parent company.
In the event that split deliveries are envisaged, the price revision will be applied only to the products delivered after the advent of the increases.