GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of sale, when not derogated by specific written agreement between the parties, apply to all orders received and accepted by E.T.I. s.r.l., and account for an integral part of the same.
The Purchaser, by formulating the purchase order, acknowledges to have carefully examined the technical, functional and aesthetic features of ordered products and to consider them suitable for the use it intends, directly or indirectly, assign to them.It commits itself not to carry out any change on the product and to comply with its correct use conditions, stating to know them.
2.-Orders and Order Acknowledgements
The Purchaser's orders (P.O.) shall mention the order number, the exact mentioning of ordered assets with reference to possible products code, the quantity, the unit and total price, terms of payment and the destination site and possible delivery instructions.The order shall be considered accepted by the Supplier when the Purchaser Order Confirmation is sent by the Supplier to the Purchaser.In case the order is preceded by Supplier's offer, this latter shall be considered valid for maximum 30 days, unless otherwise stated. The sale contract shall be considered fulfilled in any case at time of order confirmation by the Supplier.
Prices of the assets shall be identified in the order confirmation and, unless otherwise identified, they are considered to be denominated in Euros, net of VAT, and including packing suitable for shipment.Shipment costs, when not otherwise identified, are always considered excluded and shall be born by the Purchaser.Prices do not include, in any case, customs duties, charges, taxes for exportation and similar burdens.
The payment of the products price shall be carried out by the Purchaser to the current account from time to time identified by the Supplier and according to terms and conditions identified in the order confirmation, or, failing this specific data, in advance by swift T/T. In case of payment delay with respect to terms identified in the invoice, the Purchaser, without need of formal notice, shall charge the default interests at the current rate envisaged by L.D. 231/2002. Until full payment of arrears, the Supplier can suspend meeting ongoing orders without any penalty and with waiver of the defaulting purchaser of damage compensation.
5.-Transport and delivery lead time
The goods always travel at Purchaser's risk, also in case of delivery free at destination.When not otherwise indentified, the delivery is considered Ex Works E.T.I. srl workshop of Belpasso (CT). Delivery terms, when not expressly identified as essential, are always considered as reference.
In case of missed pick up or impossible products delivery, in case the same remain on hand at the Supplier, the Purchaser, in addition to the supply value, shall have to pay, for the warehouse and administration costs,and for each week after the first ten days,an amount equal to 0.5% of theoverallvalue of goods still to be delivered, in addition to possible expenses charged by the carrier.
Possible complaints on the quantity or integrity of packages or products shall be directly notified to the carrier at delivery time with mentioning "accepted subject to checking" on the bill of delivery or document. Possible defects in delivered products shall be however notified to the Supplier, in written form, including in any case registered letter with advice of receipt, within eight days from delivery. Possible anomalies in the delivered assets quantities compared to the order shall not give the right to resolve the contract or to suspend payments, but only to the supply integration with missing assets. Unless otherwise agreed, the Purchaser commits to accept a quantity tolerance of 5% on supplies.The goods return shallin any case be authorized by the Supplier. The Purchaser commits itself no to use possible defective products and to warn without delay possible complaints by third parties it is aware of.
The Supplier's warranty on delivered products quality is provided within the limits stated in the technical data sheet of the product, which the Purchaser states to know. The Supplier, within said limits, exclusively guarantees the compliance of delivered products with ordered ones and not the suitability of the same to meet the purchaser or third parties specific requirements, unless the same are not specifically subject to an accepted order, through the complete description of the plant operating conditions. Unless otherwise stated in the Supplier’s Offer or in the Order Confirmation, the warranty shallhave a term of 12 months from delivery date, for products in normal preservation conditions.The warranty shall not be applicable in case, just for reference, in case the following are acknowledged:
-Project, dimensioning and plant running errors
-Composition of gases and liquids chemically and/or physically incompatible with the probided product, when not expressly warned in the use conditions description.
-Error in product storage, preservation and maintenance methods.-Use of the product mixed or however combined with other one of different origin or different wear state.
-Tampering or direct attempts to repair or change the product.-Delayed intervention to limit the consequences of possible product running anomalies.
-Normal wear of the product consequent to its use. The warranty will exclusively be applicable to products directly purchased from E.T.I. srl or its authorized representatives.
Excluding the assumptions of fraud or serious misconduct, in no case the Supplier will be liable for damages to people or things deriving from the supplied product use.The liability shall not be extended in any case to indirect damages, not expectable and however for circumstances other than those the warranty can be applied to.
The Supplier reserves the right to carry out possible implementations and or technical and/or esthetical improvements, without altering the supplied goods essential features and their usability according to specifications mentioned in the order, and which make its operation safer and easier.Such new characteristics shall not give rise to the supply contract discharge.
The Purchaser commits to keep any and all information or technical data relating to purchased products, their operation or use, as well as any administration or commercial information relatingto the assets sale contract (price, terms of payment and warranty etc.) confidential and not to disclose them to third parties, when this is not strictly necessary for the legal use of purchased assets, and for all the relationship terms and for further three years from each product last delivery.
11.-Industrial and intellectual property
The purchase of products and their direct or indirect use shall not give rise to any transfer for the purchaser of any industrial or intellectual property right on sold products, which shall remain the Supplier's right.
The exclusive competence for any dispute deriving from the supply relationship, including actions of the Supplier for the recovery of its credits, will be the Court of Belpasso (catania). The supply relationship shall be in any case ruled by the Italian law.