GENERAL TERMS OF SALE
1-SUBJECT AND SCOPE OF APPLICATION OF THESE GENERAL CONDITIONS
1.1 – These general conditions govern all current and future contractual relationships between the parts relating to the supply of components or equipment. They must be coordinated with any special conditions agreed in writing by the parts or included in our written confirmation of acceptance of the order.
1.2 – Unless they have been specifically approved in writing by Oleodinamica Bieffe (henceforth referred to as supplier) they shall, however, be deemed to be without effect the general or special conditions reported or recalled by the customer in his communications with Oleodinamica Bieffe srl.
2.1 – The contract of supply is perfection with the written confirmation of the supplier of acceptance of the order.
2.2 – However, if the conditions stated in the order of the customer differ from those of the supplier’s written confirmation, the latter are valid as a new proposal and the contract is intended to be perfected when the customer starts to give you execution or accept the products without express written reservation.
2.3 – The supplier’s offers are considered valid only for the period indicated on them and exclusively for the supply of the same quoted.
3 – TECHNICAL DATA, DRAWINGS, DOCUMENTS RELATING TO THE SUPPLY
3.1 – The data and drawings resulting from the catalogues, prospectuses, circulars or other illustrative documents of the supplier are indicative. These data do not have a demanding value unless expressly mentioned as such in the supplier’s order confirmation.
3.2 – The Supplier reserves the right to make changes to his products at any time that he considers to be convenient, giving the customer news if they are interested in the installation.
3.3 – If the customer proposes modifications to the products, so that they become compulsory execution, there must be full written agreement between the parts on the changes that these changes should determine on the prices and the delivery periods previously established. Prices may also be changed if the ordered quantities are reduced or more prompt delivery is requested than already agreed.
3.4 – The customer expressly undertakes not to use, for reasons other than those provided for in the supply contract, drawings, technical information and finds relating to the supply, which remain the property of Oleodinamica Bieffe and that the customer It will not be handed over to third parts or reproduce without written permission.
3.5 – The customer is obliged to inform the supplier, in pre-contractual phase, of the existence of any particular regulations to be complied with in the country of final destination of the goods to be supplied.
4 – EXCLUSIONS
4.1 – Unless otherwise agreed in writing, they are not included in the supply: The system design, the installation of the equipment provided, specific tests, manuals and training courses, start-up assistance and all the benefits and charges not mentioned in the written confirmation of the supplier of acceptance of the order.
4.2 – Similarly, packing costs, taxes, stamps, customs expenses, duties and any other additional charges are not included in the prices unless otherwise stated by the supplier’s written confirmation of acceptance of the order.
5 – DELIVERIES
5.1 – Unless otherwise provided, the deliveries are intended for goods made ex-works.
5.2 – with the re-dispatch of the materials to the customer or the carrier, the supplier is free from the delivery obligation and all the risks on the materials themselves pass to the customer even if the supplier is in charge of the shipment or the assembly in work.
5.3 – The delivery terms are indicative and are calculated on working days.
5.4 – Unless otherwise agreed by the parties, they shall commence with effect from the time of conclusion of the contract, unless the customer has to pay part of the price byway of down payment, because then the date of the terms is suspended as long as there he provided.
5.5 – The terms of delivery are defined as prolonged by law: 1) If the customer does not provide the data or materials in good time necessary to supply or request variants in the course of execution or, furthermore, delays in responding to the request for approval of the designs or the executive schemes;
2) Where causes, which are independent of the supplier’s good will and diligence, including delays of subcontractors, impede or render excessively costly delivery within the prescribed time limits.
5.6 – If the customer does not comply with the payments relating to other supplies, the date of the terms issues pended and the supplier may delay deliveries until the customer has paid the sums owed.
5.7 – The delivery terms shall be deemed established in favor of the supplier; therefore the customer may not refuse to take over the products before the established date.
5.8 – Except as provided in the following art. 11 in the event of the customer’s failure to take delivery of the products by the client for the fact attributable to him or, however, by reason independent of the supplier’s willingness, the customer will bear the risks and expenses for their custody.
5.9 – If the parts have agreed that, in the event of delayed delivery, the supplier is obliged to pay a sum by way of penalty, the customer shall not be able to ask for sums exceeding the penalty for damages caused by the delay.
6 – TESTS AND FITTINGS
6.1 – Special tests, if any, provided in the written confirmation of order acceptance, will be carried out at the customer’s expense in the factory indicated by the supplier.
6.2 – Installation and testing, if required, will be carried out by the supplier at the expense of the customer.
7 – PAYMENTS
7.1 – Unless otherwise agreed, payments must be made by the customer within the time limits stipulated in the written confirmation of acceptance of order at the supplier’s domicile or at the credit institution indicated by him. In case of delay, the customer will be obliged to pay default interest, save in any case, the faculty for the supplier to request compensation for the greater damage suffered and the termination of the contract under the following art. 11.
7.2 – Any dispute arising between the parts does not exempt the customer from the obligation to observe the terms and conditions of payment.
8 – – WARRANTY
8.1 – The supplier guarantees the conformity of the products supplied, meaning that the products are free from defects in materials and/or workmanship and conform to the requirements of the specific contract accepted by the parts.
8.2 – The duration of the guarantee is twelve months from the delivery of the products and, for the replaced products or components, from the day of their replacement.
8.3 – Within that period the supplier to whom the customer, no later than eight days after delivery for the obvious defects and eight days after the discovery of the occult ones. has denounced in writing the existence of the defects undertakes, – within a reasonable period had as to the extent of the dispute – at its option to repair or replace for free the products or parts thereof which were defective. The return of non-conforming goods must always be authorized by the supplier in writing and must respect the original packaging.
8.4 – Replacements or repairs are, as a rule, carried out ex-works. The costs and risks for the transport of defective products are borne by the customer. However, should the supplier, in agreement with the customer, deem it more appropriate to carry out the work necessary for the replacement/repair at the customer, the latter will support the travel and subsistence expenses of the technical staff made available by Supplier and will provide all means and auxiliary staff required to perform the operation in the quickest and safest way.
8.5-The warranty expires whenever the products have been in correctly assembled or used or we have received insufficient maintenance or have been modified or repaired without the supplier’s authorization. Furthermore, the supplier is not liable for defects in conformity of products due to normal wear and tear of those parts which, by their nature, are subject to rapid and continuous wear and tear.
9 – MANUFACTURER’S LIABILITY
9.1 – The supplier is solely responsible for the proper functioning of components, equipment, hydraulic and pneumatic systems supplied in relation to the characteristic sand performances expressly indicated by him. He does not assume, however, any responsibility for the eventual malfunctioning of machines or systems made by the customer or by third parties with hydraulic or pneumatic components of the supplier even if the individual hydraulic or pneumatic equipment is been assembled or connected according to the diagrams or drawings suggested by the supplier, unless such schemes/drawings have been subject to a separate remuneration, in which case the supplier’s liability will be limited to the above Drawings or diagrams.
9.2 – In any case, outside the mandatory and unavoidable hypotheses foreseen by the current regulations on the liability of the supplier, except as provided for by art.1229 of the Civil Code, the customer may not claim compensation for direct and indirect damages, lost profits or loss of production, nor can he claim by way of compensation sums exceeding the value of the goods supplied.
10 – RESERVE OF PROPERTY
10.1 – The supplier retains ownership of the products supplied up to the total payment of the agreed price.
11 – EXPRESS RESOLUTE CLAUSE AND RESOLVING CONDITION
11.1 – Law pursuant to art will terminate the supply contract. 1456 C.C. As a result of the simple written declaration by the supplier of wanting to avail himself of this express resolute clause, if the customer: 1) Omit or delay payment due; 2) Delays or fails to take over the products under the terms set forth in the preceding art. 5 3) Do not observe the confidentiality obligations provided for in art.3.4.
11.2 – The contract shall be deemed to be terminated in law in the event that the customer is placed in liquidation or has been subject to any insolvency proceedings.
12 – CONVENTIONAL WITHDRAWAL
12.1 – In the event that the customer decreases the warranties he or she has given or does not provide the guarantees he has promised, the supplier shall be entitled to withdraw from the contract.
13 – APPLICABLE LAW
13.1 – Italian law governs all foreign supply contracts governed by these general conditions.
14 – JURISDICTION
14.1 – For any dispute relating to the execution, interpretation, validity, termination, cessation of supply contracts occurring between the parties where the action is promoted by the customer, the supplier’s hole is exclusively competent, where instead The action is promoted by the supplier is competent in addition to the hole of the same supplier every other hole established by law.
IN ADDITION Oleodinamica Bieffe srl is available for repairs of products even after the warranty period and will repair even after several years of use, provided it is economically convenient.
Under warranty will calculate the cost of repairs of the products no longer at