The delivery term of the goods, if not specified otherwise, is always intended EX WORKS our warehouse. If the sales price includes the cost of transport, the forwarding is always carried out at buyer’s risk.
Any reservation or complaint concerning the forwarding shall be made to the forwarder only. Reservations or complaint concerning defects of product, manufacturing or packaging, or concerning non-compliance with our order confirmation, must be notified in writing within 15 days from date of reception of the goods; such term is extended to 90 days in case of hidden defects. In the case we agree with the complaint, we compel to replace the goods, in the same place of the first delivery, prior to returning of the goods non-complying; In no case the buyer will have the right to rescind the contract or to claim further damages or to ask for a refund of expenses bore at any right. The buyer will have no right to any reimbursement or replace of the goods in case the manufacturing of the goods supplied is not immediately interrupted.
The dimensional tolerances are the ones ruled by UNI-EN norms. Regarding the weight, a tolerance of +/- 10% in comparison with the order is allowed, unless further agreed.
Any complaint or claim will not give the right to the buyer to suspend payments of the invoice for claimed goods or any other invoice pending.
Delivery terms on our order confirmations are intended just as an indication and are not binding unless our Company gives an express commitment on the order confirmation. In any case the commitment an exclude force majeure or other circumstances beyond our control. Any details arising will not therefore give the right to the buyer to claim for damages, reimbursements or rescission, even partial, of the contract.
Payment of our invoices must be made according to the conditions expressly accepted in the order confirmation; any delay in payments will automatically give rise to an immediate charge of interests which shall be calculated at 5 points above the official annual bank rate. Furthermore, any unpaid or delayed invoice will entitle our Company to require an anticipated payment for any further delivery, or to hold or rescind any current sales contract. In this case, the buyer will have no right to ask for any compensation or further damages.
The goods sold will remain property of Our Company until full payment of its invoices has been received.
In cases of force majeure or any other circumstances beyond our control, such as war, mobilization or stoppage – even in third countries supplying the raw materials -, strikes, industrial action sit-ins, lock-outs, fire, floods, natural disasters, states of emergency or likewise, our Company shall have the right to back out from the whole or part of any sales contract agreed, and/or from any other contract under negotiation. The same right will be granted to our Company also if circumstances alter in any way the state of the markets, exchange rates or the industrial conditions. In such cases, and more generally whenever our Company rescinds any sales contract for reasons beyond our control, the buyer shall have no right to any compensation or refund of further damages.
The place of jurisdiction for any controversy arising from the sale of goods and any contract related made with our Company is the law court of Bologna, Italy. With regards to any matter not provided in there sales conditions, the Italian law shall be applied to all sales made by our Company.
For any controversy in the sale of goods, only these sales conditions will be deemed valid.
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