General sales terms
For all deliveries and works the following general conditions shall apply, in so far as there are no written agreements to the contrary.
1. Offers
1.1 With the exception of express fixed offers, our offers are not binding and are subject to change. Orders are considered accepted when we have confirmed them in writing.
1.2 Diagrams, drawing and sketches, as well as all measurement and weight details are approximate and binding. OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C reserve the right to make changes to the final design.
1.3 OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C shall maintain the copyright to all documents submitted (offer, figures, illustrations, printed matter, etc.). Without written agreement from OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C these may not be copied or made available to third parties or used for other purposes, in particular made from OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C products.
2. Scope of supply
2.1 For the scope and execution of the supply the order confirmation shall apply. Services, which are not included therein, shall in particular be charged for. Bulk goods may be short or over supplied to a reasonable extent.
3. Prices
3.1 Our prices are applicable, in so far as nothing else has been agreed in writing, in freely available Euro excl. VAT, net without any deduction for delivery ex works, without packaging assembly, without freight, customs and sundry expenses and taxes EXW. Prices or supplementary costs for prepaid, CFR and CIF, etc., delivery shall not be binding and shall increase, if necessary, according to the tariff changes.
3.2 OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C reserves the right to change the price, if between the time of the offer and the delivery according to the contract, the rate of pay or the price of materials change.
4. Conditions of payment
4.1 Inland: The invoices shall be payable within 30 days from invoice date, in full without any deduction, in so far as nothing else is agreed in writing. In the case of the purchase of a machine, the Customer must adhere to the following method of payment: 1/3 on placement of order, 1/3 on delivery and 1/3 after 30 days.
4.2 Foreign countries: payment as agreed.
4.3 With individual partial deliveries payment must take place according to the scope of supply. The obligation to pay is fulfilled, so long as Euro are made freely available to the OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C in ITALY.
4.4 The holding back or reduction in payment due to any complaints, granting of a guarantee, claims or any of the Customer’s counter claims, that are not recognised by OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C, shall not be permitted. The payments must also be made if insignificant parts are missing, but which do not make it impossible to use the supplied goods, or if it should prove necessary to carry out further works on the supplied goods.
4.5 If the Customer does not respect the agreed date for payment, he shall be obliged to pay interest for late payment without any special warning from the time of the due date. This interest shall comply with the normal interest rates of the Customer’s domicile, but which must nevertheless not be less than 6 percent per annum. The payment of interest for late payment shall not exonerate the Customer from the obligation to make the payment as stipulated in the contract.
5. Reservation of ownership
5.1 All objects delivered by us will continue to be OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C property until they are fully paid. This must enable us at all times to carry out all the necessary legal acts, registration, etc., to ensure us of . OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C reservation of ownership.
6. Delivery deadline
6.1 The given delivery deadlines must in so far as possible be adhered to, nevertheless they are not binding.
6.2 The delivery deadline shall begin as soon as the amount is agreed to, all official formalities such as import and payment approvals have been requested, which bring about any payments to be made on order, as well as any securities, and as soon as important technical points have been resolved. It shall be considered to have been kept, if on its expiry the delivery has been completed in the works.
6.3 The maintaining of the delivery deadline shall be understood to be subject to the occurrence of unforeseen obstacles such as shortage of these materials, the rejecting of larger work pieces, official import or export prohibition, interruption of operation, accidents, mobilisation, war, unrest, strikes and lockouts, both in the supplier’s business as well as in that of the most important material suppliers, and other force majeure cases.
6.4 The delivery deadline shall be proportionately extended:
a) if all the plans, data and necessary materials to be supplied to OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C by the Customer are not delivered on time, and if the Customer changes the design or scope of his order;
b) if the Customer falls behind in works to be completed by him in compliance with the contract or is delayed in fulfilling his contractual obligations, in particular if he does not respect payment conditions.
6.5 A late delivery shall neither entitle the Customer to withdraw from the contract nor to claim compensation for direct or indirect damages due to the delay.
6.6 A penalty for late delivery shall require a special written agreement. It can only be made applicable, in so far as it can be proven that the delay is due to the fault of the Supplier and that the Customer has suffered damages. If the Customer is supplied with a substitute delivery, the right to a penalty shall not apply.
7. Despatch and packing
7.1 If through no fault of OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C it is not possible to carry out the delivery of goods that are ready for despatch at the envisaged time, the storage thereof on our premises or on those of third parties shall be at the Customer’s risk and cost.
7.2 Packaging and wrapping shall be charged separately and shall not be taken back.
8. Transport and insurance
8.1 From the time of removal from OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C workshops or warehouses all despatches shall be transported at the Customer’s risk, and this also being the case when cargo, assembly, etc., are included in the delivery. The Customer shall be responsible for insurance against damages of any kind.
8.2 Conditions other than “ex works” delivery conditions must be agreed to in writing by the Supplier. This also includes the handling of transport insurance.
8.3 Complaints regarding transport must be immediately reported to the last haulage contractor on receipt of the delivery or freight papers.
9. Taking delivery and commencement of operations
9.1 Inspection tests upon receipt shall only take place if they are expressly agreed to in the contract.
9.2 If the goods are not expressly sold “including commissioning”, then we charge the customary hourly rate for our staff including any travel and accommodation expenses. For this purpose the Customer must ensure in good time that all preparations (foundations, connections) have been made.
10. Guarantee
10.1 The guarantee the objects delivered by us in normal one year, calculated from the commissioning, however at the latest one month after the day of despatch. We guarantee in the sense that we undertake according to our choice to replace or improve at no cost and as quickly as possible each item that is proven to have become inoperable during the guarantee period due to unmistakable material or performance defects. This warranty does not apply to consumer goods.
10.2 We shall bear the costs for the repair or replacement of parts, which are manufactured in our workshops. Freight, customs, packaging, dismantling and installation costs, consequential damage, as well as travel and accommodation costs for one fitter shall be borne by the Customer.
10.3 Replaced parts shall become the property of the OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C.
10.4 Any other claim by the Customer due to a defective supply, in particular compensatory damages and termination of the contract, shall be excluded.OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C will also not be liable for costs of repairs, which become necessary due to force majeure, incorrect handling and use of unsuitable grease products or as a result of normal wear and tear of the delivered objects.
10.5 In the case of deliveries of non-company products OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C will assume the same guarantees as those offered to us by the sub-supplier.
10.6 The prerequisite for our guarantee is the fulfilment of all the contractual and payment conditions incumbent upon the Customer.
10.7 Our obligation under the guarantee shall become invalid, if the Customer without OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C written approval carries out or has carried out changes or repairs to the delivered objects.
11. Liability for compensatory damages
11.1 Within the framework of the legal and contractual product liability, . OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C shall be liable for damages to persons and objects.
11.2 Any further contractual or non-contractual liability, in particular for direct or indirect damages due to defects are hereby excluded. This exclusion of liability shall also apply for our contractual and non-contractual liability related to damages, which are due to the handling or negligence of our legal representatives, employees and helpers, as well for their personal contractual and non-contractual liability.
12. Safety regulations
12.1 Adherence to general and local safety regulations, as well as corresponding staff instructions shall be exclusively the responsibility of the Customer.
12.2 At latest on the placement of the order, we must be notified of special regulations and standards to be observed.
13. Applicable law, place of jurisdiction
13.1 Italian law shall apply. The law of conflicts as well as the UN Sales law shall be excluded. The sole place of jurisdiction shall be Como.
14. Binding original text
14.1 Should there be differences between the Italian version and the version in another language of these general Sales and Delivery conditions, the original Italian text shall prevail.
15. Validity of the general conditions
15.1 Deviations from these general Sales and Delivery conditions shall only be valid, if they are expressly agreed in writing. The Customer’s conditions, in particular stamping of the order forms, which contradict our general conditions, shall only apply if OFFICINA MECCANICA TRINCA COLONEL SILVIO E FIGLIO SERGIO S.N.C have expressly recognised them. With the order the Buyer acknowledges the above conditions.
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