General Conditions of Sale - I.VA.CO di Vendita ENG(1).pdfPag. 1 di 3 I.VA.CO. Srl Italian Vacuum...

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Pag. 1 di 3 I.VA.CO. Srl Italian Vacuum Compressors Via delle Brigole, 33 23877 Paderno d'Adda (LC) - Italy [email protected] www.ivaco.it +39 0399281084 P.IVA 09805990968 General Conditions of Sale 1. GENERAL These general conditions of supply are accepted in full by the customer on despatch of the order. 1.a Written acceptance by I.VA.CO. Srl is required for the validity and confirmation of the customer’s order. I.VA.CO. Srl order confirmation will be considered fully accepted if not otherwise speficfied by the client within 3 working days. 1.b The minimum taxable value for orders cannot be less than Euro 150.00. If orders for a lower amount are accepted by I.VA.CO. Srl, they shall be increased by € 25. 1.c Any variations in an order shall have an impact on delivery times and must be reconfirmed by I.VA.CO. Srl with written notification. 1.2 This document must be considered valid for all future purchases without the need to reissue it. 2. CONSTRUCTION The order of I.VA.CO. Srl products implies that the construction and operational features stated in the technical-illustrative documentation and/or any offer made have been examined and approved in advance. As a result, no reserve or request for modification/replacement can be considered justified following a supply that complies fully with the placed order. 3. DOCUMENTATION, CERTIFICATION AND FINAL TESTS Any request referring to the despatch of documentation, certification, test reports and similar extraneous to the legal and/or regulatory requirements, and not agreed in advance, shall be considered undue and do not lead to any obligation of the supplier. 4. PACKAGING The cost of standard packaging is not included in the sale price and will be quantified each time. 5. SHIPPING The forwarder is responsible for loss or damage even in case of delivery free of charge. Unless otherwise indicated by the customer at the time of order, the supplier reserves the right to choose the most appropriate forwarder. The check on the conformity of the supply and the integrity of the packages in relation to obvious damage caused during transport must be made at the time of delivery. Any damage attributable to the transport stage does not indicate any responsibility of the supplier, which may simply advise the transporter of the incident, if chosen by them. 6. WARRANTY Duration and effective date, unless otherwise stated: 12 months from the date of installation but, in any case, not more than 18 months from the date of supply ex-works Paderno d'Adda (ITALY) in compliance with INCOTERMS 2010. Requests for the extension of the warranty not agreed and approved in advance shall not be justified under any circumstances, including any postponement of installation.

Transcript of General Conditions of Sale - I.VA.CO di Vendita ENG(1).pdfPag. 1 di 3 I.VA.CO. Srl Italian Vacuum...

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    I.VA.CO. SrlItalian Vacuum Compressors

    Via delle Brigole, 3323877 Paderno d'Adda (LC) - Italy

    [email protected]

    +39 0399281084P.IVA 09805990968

    General Conditions of Sale

    1. GENERALThese general conditions of supply are accepted in full by the customer on despatch of the order.1.a Written acceptance by I.VA.CO. Srl is required for the validity and confirmation of the customer’sorder. I.VA.CO. Srl order confirmation will be considered fully accepted if not otherwise speficfied bythe client within 3 working days.1.b The minimum taxable value for orders cannot be less than Euro 150.00. If orders for a loweramount are accepted by I.VA.CO. Srl, they shall be increased by € 25.1.c Any variations in an order shall have an impact on delivery times and must be reconfirmed byI.VA.CO. Srl with written notification.1.2 This document must be considered valid for all future purchases without the need to reissue it.

    2. CONSTRUCTIONThe order of I.VA.CO. Srl products implies that the construction and operational features stated in thetechnical-illustrative documentation and/or any offer made have been examined and approved inadvance. As a result, no reserve or request for modification/replacement can be considered justifiedfollowing a supply that complies fully with the placed order.

    3. DOCUMENTATION, CERTIFICATION AND FINAL TESTSAny request referring to the despatch of documentation, certification, test reports and similarextraneous to the legal and/or regulatory requirements, and not agreed in advance, shall beconsidered undue and do not lead to any obligation of the supplier.

    4. PACKAGINGThe cost of standard packaging is not included in the sale price and will be quantified each time.

    5. SHIPPINGThe forwarder is responsible for loss or damage even in case of delivery free of charge. Unlessotherwise indicated by the customer at the time of order, the supplier reserves the right to choose themost appropriate forwarder. The check on the conformity of the supply and the integrity of thepackages in relation to obvious damage caused during transport must be made at the time of delivery.Any damage attributable to the transport stage does not indicate any responsibility of the supplier,which may simply advise the transporter of the incident, if chosen by them.

    6. WARRANTYDuration and effective date, unless otherwise stated: 12 months from the date of installation but, inany case, not more than 18 months from the date of supply ex-works Paderno d'Adda (ITALY) incompliance with INCOTERMS 2010. Requests for the extension of the warranty not agreed andapproved in advance shall not be justified under any circumstances, including any postponement ofinstallation.

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    I.VA.CO. SrlItalian Vacuum Compressors

    Via delle Brigole, 3323877 Paderno d'Adda (LC) - Italy

    [email protected]

    +39 0399281084P.IVA 09805990968

    Further conditions: Reports of defects of construction and/or materials must be notified with written communication within 8 days of receipt of the supply. Recognition of the warranty is bound to the fulfilment of the contractual obligations by the customer. Under no circumstances the warranty includes responsibility for damage caused to persons or things (including suspension of production processes). The presumption or verification of defects in the product do not justify failure to comply with the contractual obligations. The supply of accessories and components purchased from third parties excludes all responsibility of the supplier. The warranty is understood to be ex-works the warehouse from where the supply was made, including return of defective pieces, and is made by the following services:- Repair with replacement, if necessary, of components that I.VA.CO. Srl has ascertained are defective;the warranty does not cover parts subject to wear.Any damage caused during transport and/or because of the following is excluded from the warranty:- products ordered without the prior technical approval of I.VA.CO. Srl;- incompetence in the installation and use with respect to the technical provisions;- tampering and/or repairs made outside authorised assistance structures.The warranty also expires in case of opening of machine parts if not previously authorized by I.VA.CO. Srl.

    7. DELIVERY/COLLECTION TERMSThe information in the price list and/or offers of the supplier is an indication and not binding.Any delays in total or partial delivery with respect to the agreed terms, even if approved, do notindicate any responsibility of the supplier if due to the causes listed below by way of example: strikes,natural events, fires, lack of or reduced supply of raw materials because of delays at sub-suppliers,difficulty with transport, breakdowns at the production systems, etc.Without prejudice to the above, the delivery terms shall be effective from the date shown on the orderconfirmation. This date may be postponed to a greater or lesser degree in accordance with theunquestionable judgement of I.VA.CO. Srl in relation to any omissions by the purchaser, for example:- orders not completed with all the necessary data;- licences, permits, authorisations and approvals not yet obtained;- lack of or delay in or partial payment of the instalment agreed;- lack of or partial payment of preceding debit positions.In such cases, the seller shall have the right to debit the purchaser with all the costs borne for the delaycaused. If the purchaser makes the collection, the delivery terms shall coincide with the date of the‘material ready’ advice, and a standard delivery note shall be issued at the same time. Once 15 dayshave passed from the advice without the material being collected, the purchaser shall be debited withstorage costs.

    7.1 Collection terms for the repair of products. If products are delivered to I.VA.CO. Srl for repair, once 30 days have passed from the despatch ofthe technical report and relative quotation without orders being received from the owner of the asset sent for repair, I.VA.CO. Srl can consider that the repair does not interest the owner with theresulting authorisation for the material to be scrapped with the debiting of quotation formulation and dismantling costs.

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    I.VA.CO. SrlItalian Vacuum Compressors

    Via delle Brigole, 3323877 Paderno d'Adda (LC) - Italy

    [email protected]

    +39 0399281084P.IVA 09805990968

    8. SELLER’S LIEN AND PRIVILEGEThe products concerned in the supply remain the property of the supplier until they have been paid infull. In the event of total or partial failure to comply, the supplier may claim ownership wherever thegoods are even if joined to or incorporated into assets owned by the customer or third parties.In this case, the supplier has the right to consider the supply contract terminated pursuant to Art. 1456of the Civil Code, expropriating the sum collected as payment for the use and deterioration of the asset,except for the right to compensation of any greater damage. Similarly, the supplier has the right, at thecustomer’s expense, to have the privilege as per Art. 2762 of the Civil Code registered, as a precautionand without prejudice to the retention of title and its entry, where necessary.

    9. PRICESThese are understood to be net of tax and insurance charges and also packaging and transport.Their validity ceases at the deadline of the confirmed delivery date and/or the onset of increased costs,whatever the cause, and/or delays in delivery requested by the customer, even if approved. The listprices/offers are likewise understood to refer only to the transfer value of products as any supply ofservices such as tests, calibration and inspections during the set-up of the supply, and anything notspecifically agreed and approved, are excluded.

    10. PAYMENTPayments must be made directly to the supplier based on the contractual methods indicated in theinvoice. Any disputes of any kind do not justify the total or partial suspension of the payments due. It isforbidden to provide payments direclty to agents, representatives or sales assistants of I.VA.CO. Srl ifnot previously authorized by I.VA.CO. Srl. Any delays shall cause the debiting of default interest at theofficial discount rate increased by 5 points, without the need for a notice of default for the contractingparty, thus not affecting any other credit recovery action and any greater damage.If the terms of payment are not respected, the seller shall have the right to suspend, wholly or partly,the delivery of material, even if relating to confirmations of orders duly accepted pursuant to thesegeneral conditions of sale.

    11. COURT OF JURISDICTION AND HABITSBy mutual agreement, the contracting parties indicate the Court of LECCO as the Court of Jurisdictionfor any controversy arising from the supply of products, spare parts and services and, as an exception tothe ordinary regional competence as per Arts. 18 and 30 of the Civil Procedure Code, with the resultingand specific exclusion of any competing Court set out by the Articles indicated above, without prejudiceto the right of I.VA.CO. Srl to act in the purchaser’s Court.In addition to the habits and customs of the metalworking sector recognised by the Lecco Chamber ofCommerce, the laws and legal provisions apply to anything not specifically agreed.

    12. PERSONAL DATAPursuant to the current regulations on the protection of personal data, I.VA.CO. Srl as data controller,advises that the personal data relating to its customers shall be processed in compliance with theprovisions of regulation UE-2016/679 for the purposes necessary for the management of the customer/supplier relationship. Our Privacy Policy is available online on our website www.ivaco.it

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