1) ORDER ACKNOWLEDGEMENT
Orders are accepted only after written acknowledgement of the Seller and after receiving the advance payment fee where applicable.
All documentation forming part of the offer is the sole property of the Seller and cannot be transferred or disclosed to third parties without its written authorisation, with the obligation to return said documentation in the event of failure to reach an agreement.
The delivery date, even if confirmed, is understood to be established with a maximum tolerance of 10 days with respect to the date scheduled. The Seller accepts no liability when a delay in delivery, which has exceeded the tolerance limit, depends on a fortuitous event, circumstances beyond its control or objective difficulties in supply of the materials necessary or delay in performance of work by third parties.
If the sale is made under the condition “carriage paid” or “free delivered” the transport will be covered by insurance which will be sustained exclusively by the Customer. The Customer must check at the time of unloading that the external appearance of the goods delivered corresponds to the specifications of the transport document and must immediately notify, by means of written reservation to the carrier and to the Seller (also by fax), any differences or defects in the packaging. If the goods are received without reservation, it will be assumed that the goods delivered correspond to the specifications of the transport document.
All payments must be made exclusively to the head office of the Seller, and carried out within the terms and according to the procedures established. The Seller reserves the right to vary the conditions of payment at any time, notifying the customer thereof. Any variations may not concern contracts already stipulated.
4) RETENTION OF TITLE
All the goods bought and sold will remain the property of the Seller until the agreed price has been paid in full. The Customer to which said goods have been delivered is obliged, as depositary, to allow the persons indicated by the Seller to perform all operations for checking the condition and correct use of the same.
Testing of the goods subject of the purchase/sale operation, unless agreed otherwise in the offer, will be performed at the head office of the Seller or at other premises specified by the latter: expenses for the supply of any material necessary for testing will be sustained exclusively by the Customer. The Seller will make the goods available for testing up to 5 days prior to the scheduled delivery date: once said term has elapsed, the goods purchased/sold will be understood to be accepted without reservation.
Any request for technical support for installation of the goods purchased/sold obliges the Customer to provide the premises and if necessary the systems and/or machinery for connection to the goods themselves, prior to arrival of the Seller’s technician, and to make available to the latter, for the entire duration of the operation, a head technician who will be authorised to receive all the necessary documentation and instructions.
The period of time normally required and sufficient for installation of the goods produced by the Seller and for instruction of the head technician will vary. In the event of it being necessary to prolong the operation beyond said term, all further services rendered will be charged to the Customer.
Unless specified otherwise in the offer, the Seller will guarantee, in conditions of normal correct use of the goods, compliance of the goods sold and operation of the same (new components) until the limit of 2,000 (two thousand) working hours has been reached and, in any case, for a period not exceeding 12 (twelve) months from the date of start-up. The warranty excludes faults and/or defects resulting from inappropriate use or in any case use not according to the instructions, lack of or poor maintenance, incompetence of the Customer or other factors and/or agents not connected with the system. The warranty is limited to replacement of the faulty components and does not comprise expenses sustained for the operation (e.g. travelling expenses,labour etc.).
Any disputes will be referred to a court in the UK.