1. ACCEPTANCE OF THE CONDITIONS - All orders accepted by FIR ITALIA are
subject to the general sale conditions herein set forth, which are understood accepted
by the Purchaser when passing the order and/or upon receipt of FIR ITALIA invoices.
Other conditions as well as any verbal agreement are considered valid only if specifically
confirmed by FIR ITALIA in writing.
2. PRICES - FIR ITALIA prices are Euro for sales on the Italian Market, while for sales
outside Italy prices are quoted in Euro or USDollars or, at FIR ITALIA choice, in the
currency of the Purchaser’s Country. The prices stated on the purchase order and/or
on FIR ITALIA order aknowledgements may be changed by FIR ITALIA at any time and
proportionally, whenever increases of cost of raw materials and/or cost of labour take
place before delivery time.
V.A.T. is included for the italian market and excluded the foreign market.
For orders less than Euro 2.600, net amount, (or equivalent net amount in currency)
FIR ITALIA will calculate an increase of 10% (tenpercent).
For orders less than Euro 5.200, net amount, (or equivalent net amount in currency)
FIR ITALIA will calculate an increase of 5% (fivepercent).
3. IRREVOCABILITY OF THE ORDER - AGENT - The purchase order of the Customer
is irrevocable.
Any order taken by any of FIR ITALIA Agents or any territory is meant “subject to FIR
final approval and acceptance”.
4. SHIPMENT AND FREIGHT EXPENSES - All orders are delivered ex FIR ITALIA
factory. The shipment will be carried out according to Purchaser’s instructions or, failing
instructions, in the way FIR ITALIA will consider more appropriate. Only on Purchaser’s
written request insurance will be taken out by FIR ITALIA and all charges will be paid by
the Customer. Possible derogations require a written agreement.
5. LOSSES AND TRANSPORT DAMAGES - The goods, even sold free destination,
travel at Buyer’s risk. Any damage or loss during the transport must be promptly notified
to the carrier or shipping agent upon receipt of the goods.
6. CLAIMS - The control of quantities and the correspondence to the purchased items
must be done upon receipt of the goods; eventual claims must be notified by registered
letter within 8 (eight) days from receipt date, otherwise any right will be forfeited.
7. DELIVERY OBLIGATION - FIR ITALIA supply responsibility is understood completed
and terminates upon delivery of the goods to the carrier or shipping company. It is FIR
ITALIA rule to indicate delivery terms as true as possible. Of course these terms do
not constitute a binding obligation for FIR ITALIA, but FIR ITALIA will do its best to
keep them with exception of accidents or other events and causes beyond FIR ITALIA
control, including also manufacturing equipment breakdowns, partial or total shut-down
of FIR plants, strikes, fire, explosions, acts of sabotage, mobilization, wars, entering
into effect of export and import prohibitions or restrictions, a considerable increase
of import expenses, changes and modifications of currency value and so on. The
non-observance from FIR of delivery terms does not give the Purchaser the right for
cancelling the order and furthermore the Customer is not authorized to delay payments
(overdue or at maturity) and is not entitled to any rembursement or indemnity.
8. PAYMENT TERMS - Payments are considered valid and releasing from the obligation
only if made out to FIR ITALIA, at its Administration Office and against regular receipt.
Any other way of payment is always done at Customer’s risk and expenses.
Payments are releasing only if made in legal currency, net of any discount and reduction
and effected on maturity, as stated on FIR ITALIA invoices.
In special cases FIR ITALIA reserves to give consent to draft issuing. The remittance of
drafts, checks or equivalent does not release the obligation until the relevant amounts
are credited on FIR ITALIA Bank account.
Payments with releasing effect may be handed over to FIR ITALIA agents only if they
are holding a written proxy valid for the current year.
Any eventual cash discount will be recognized, provided all previous invoices have
been paid off by the Customer. Possible derogations require a written agreement.
9. DELAYS OF PAYMENT - For any delayed payment FIR ITALIA reserves the right to
charge interests, without need of any special previous notice and without prejudicing
FIR ITALIA rights to collect its credit.
If payment has not been effected, 10 (ten) days after the date of maturity, FIR ITALIA
has the option to issue drafts on the Customer to balance the unpaid amounts adding
the above mentioned interests. FIR ITALIA will charge the Customer for the cost of draft
issuing as well as relevant Bank expenses.
Furthermore FIR ITALIA reserves the right to stop deliveries or cancel orders already
accepted, when payments are not made within the fixed terms.
10. GUARANTEE - FIR ITALIA guarantees all its products (or part of them) at the terms
and conditions and within the limits set forth here below, as of the date of purchase,
for a period of:
- 5 years against casting defects;
- 5 years against defects in cartridges with ceramic discs and bolts;
- 2 years against defects in thermostatic cartridges;
- 5 years against chrome-plating defects;
- 5 years for all finish types other than chrome-plating.
We remind you that in case maintenance and neatness are not properly and regularly
carried out, FIR ITALIA guarantee concerning the finishings will be no longer valid.
MODALITIES
Any claims should be notified in written exclusively to FIR ITALIA and/or the FIR ITALIA
authorised distributor/dealer where the product was purchased, within the guarantee
period mentioned above and, in all cases, not later than 8 (eight) days from discovery
of the fault under pain of nullity.
All written claims should include the original invoice or fiscal receipt confirming the
purchase (among other things, it should bear the seller’s name and address, the date of
purchase, and the model and serial number of the purchased item). The type of defect
detected should also be clearly stated.
The FIR ITALIA Customer Service shall deal with the claim in the shortest possible
delay and will:
- check whether the above mentioned requirements were met;
- check the claim type;
- issue a written notice by FIR ITALIA possibly authorising return of the faulty product
(or part of it) carriage unpaid, together with the fiscal document. Items shall be returned
free of charge. In any case, the FIR ITALIA written notice will clearly explain how to
proceed.
Except that stated in the three points above, the guarantee for products not installed
shall cover only items returned to FIR ITALIA in their original packaging together with
the relevant fiscal documents.
REVOCATION OF GUARANTEE
The guarantee shall be void in the following cases:
- if the original invoice or fiscal receipt confirming the purchase (and bearing, among
other things, the seller’s name and address, the date of purchase, the model and serial
number of the purchased item) are missing;
- if the claims are notified after expiry of the guarantee period and, in any case, in
excess of 8 days from discovery; in case of visible and manifest faults (such as
defective finishing or defective chromed, coloured, gilded or anyhow treated surfaces,
and all that is immediately visible) the 8-day period prior to revocation of guarantee
shall start from the day when goods are received;
- wrong or inadequate installation of the product;
- wrong use and operation of the product;
- wrong care of the product, not consistent with the directions given in the chapter
detailing cleaning and care procedures. As far as defects to chromed surfaces and all
other finish types are concerned, we remind the essential requirement of wiping the
product every day exclusively using a soft cloth and water and of immediately drying
any drops or water build-ups;
- presence of chemicals, electro-chemicals and/or electronic products and in case of
deterioration or wear of the product in question following normal use;
- works, repairs or changes on the products carried out either by the End User or by
third parties not expressly authorised to do so, to the exception of ordinary care that is
to be carried out by the End User in accordance with the directions provided;
- transport of goods. Goods, even if delivered carriage free, are shipped at the
consumer’s risk; any losses or damages should be notified to the carrier in written on
the carriage note upon reception of goods.
LIMITS/EXCLUSIONS OF THE GUARANTEE
FIR ITALIA will provide the services guaranteed under reserve of having a quality check
carried out by its Quality Control Department at a later time.
All parts replaced, if any, shall be sole property of FIR ITALIA.
Should the user fail to duly fulfil its obligations, FIR ITALIA may refuse to provide the
services guaranteed.
The FIR ITALIA guarantee shall not be renewed.
This guarantee shall only cover repair and/or replacement of any faulty parts and parts
not subject to wear. In any case, this guarantee is limited to the price of the faulty part
as established by FIR ITALIA in its price lists. Product assembly or disassembly are
not included.
This guarantee shall not affect or impair the mandatory rights to which the End User is
entitled according to the law, or any other right arising from other contracts between the
End User and FIR ITALIA.
This conventional guarantee is not prejudicial to the rights established by the Italian
Legislative Decree no. 24 of 02/02/02 implementing Directive 1999/44/EC on certain
aspects of the sale of consumer goods and associated guarantees.
11. RETURN OF GOODS AND CANCELLING OF ORDERS - Under no circumstances
will FIR ITALIA accept the return of supplied goods or order deletions, even if not
yet shipped from the factory, without its express prior written permission; for every
return, even if authorized by FIR ITALIA, FIR ITALIA will charge the Customer 20%
(twentypercent) of the value for handling expenses (office and warehousing).
12. MODELS AND DRAWINGS - All models, drawings and plans are FIR ITALIA
Property. Their reproduction, use or transfer is prohibited without FIR ITALIA prior
written authorization.
The photos and drawings on FIR ITALIA catalogues and brochures and the technical
information on FIR ITALIA price lists are approximate and subject to modifications
at FIR ITALIA exclusive judgement; therefore FIR ITALIA undertakes no liability for
probable differences of any kind.
13. PROPERTY RIGHTS - All supplied goods are considered FIR ITALIA Property until
the whole amount due to FIR ITALIA, including any other relevant cost, is paid off.
On the assumption the Customer will eventually sell the purchased goods, he transfers
to FIR ITALIA, from now on, his rights towards his Customers coming from such sale and
that till all FIR ITALIA credits will be completely paid off. On FIR ITALIA request he will
have to notify his Customers such transfer of rights and give FIR ITALIA all necessary
information to allow FIR ITALIA to vindicate the assigned rights and leave all necessary
documents at FIR ITALIA disposition. If the value of the transferred rights is higher than
FIR ITALIA credits, then FIR ITALIA will be obliged, after collection, to give its Customer
whatever the difference will be, after keeping the amounts of its credits and its expenses.
14. PLACE OF JURISDICTION - For any dispute that might arise under these terms
and conditions the one and only qualified Authority will be the Court of MILANO (Italy).
All agreements and contracts, in which FIR ITALIA is a party, will always be regulated
by the Italian Law and are to be considered valid the general sale conditions printed on
the back of our invoices.
GENERAL SALE CONDITIONS
FIR ITALIA S.P.A. 647
