Upon placing the order, the customer fully accepts the

following terms and conditions of sale.

Any general conditions of the purchaser will not apply to

future contractual relations between the parties unless

expressly accepted in writing by Aquaviva Srl.

CONTRACT

The purchaser placing the order fully accepts the

application of these general terms to the contract for sale.

Seller reserves the right to accept or refuse it. Offers made

by agents, representatives or auxiliaries of the seller do not

bind him until they are confirmed by the seller itself.

PRICES

The prices specified in the current price list do not include

VAT. Seller may modify the price list annually with prior

notice.

SURRENDER OF THE GOODS

List prices are intended ex works, unless otherwise agreed.

Transport and insurance are therefore at the charge of the

purchaser, this also when it is decided that the delivery or

part of it will be taken care of by seller, in which case the

latter will act as the purchaser’s agent, it being understood

that the transport will be carried out at the expense and

risk of the purchaser. The risks relative to the supply

pass to the purchaser, at the latest at the time in which

the products leave the seller’s plant. It’s the purchaser in

charge of making claims to carrier within 2 days after the

receipt of the goods, if even the carrier has been chosen by

the seller.

DELIVERY TERMS

The delivery terms are intended approximate in favour of

the seller. Any liability of the seller is excluded for damage

deriving from anticipated, delayed or non-delivery, total

or partial. The time of the delivery performance shall be

extended in case of Force Majeure events accordingly to

their duration. In any case the purchaser is not entitled to

claim damage or compensation.

GUARANTEE

The seller guarantees the compliance of the products

supplied; by the term compliance of the products it is

meant that they correspond in quality, quantity and type

to what was agreed in the contract and that they are

without defects that could render them unfit for the use to

which they are intended to be put. The guarantee against

defects is limited only to products defect due to defects in

planning, materials or construction that can be attributed

to the seller, and does not apply in the case where the

purchaser is unable to prove a correct preservation of

the product and where he has modified them without

the agreement of the seller. The seller is not liable for

defects in product compliance due to the normal wear

of those parts which, by nature, are subject to rapid and

continuous wear and tear. The guarantee is for a limited

period of 2 years and does not cover damages caused by

water containing foreign bodies both new and old systems

installations.

CLAIMS

The purchaser is required to control the compliance of

the products and the absence of flow upon receipt of the

goods. Claims relevant to non-conformities of the goods

must be made, on pain of forfeiture, within and not later

than eight days from the goods arrival at their place of

destination and made by registered letter, addressed to

the seller, describing in detail the flaws or disputed non-

compliances along with some pictures clearly showing the

fault. After acceptance of the seller, the purchaser returns

for checking the products at his own charge and risk. In

case of found faults or manufacturing defects, the seller

will only supply ex-factory to the purchaser products of

the same kind and quantity as those that proved not in

compliance. As alternative the seller may at his discretion

issue to the purchaser a credit note for the value of the

defective products. It’s excluded any refund for direct

or indirect damages caused by installation of defective

materials.

PAYMENTS

The payment and every other sum due to the seller are

understood as net at the registered office of the seller. Any

delay or irregularity in the payment gives the seller the right

to suspend the supply or to cancel the contract in course,

even if they are not relevant to the payments in question,

as well as the right to compensation for eventual damages.

The seller has also the right, starting from the payment

deadline, to interests for delay as per art. 5 of Italian

Legislative Decree no.231 of 9 October 2002. The delays

of payment likewise give to the seller the right to exclusion

from guarantee for the whole period that the delay may

persist. Eventual claims do not give to the purchaser the

right to delay or do not effect the payments.

RETENTION OF TITLE

The delivered products remain the seller’s property until the

complete payment is effected.

APPLICABLE LOW AND COMPETENT LAW-COURT

All contrasts ruled by this general conditions are submitted

to Italian law. For any controversy relative to or connected

to the contractual products to which these general

conditions apply, the seller’s Law Court has the exclusive

competence; the seller, however, has the opportunity to

decide to act also in the purchaser’s Law Court.

Aquaviva Srl reserves the right to modify the

characteristics of the products without prior notice, the

pictures and the details included in the current catalogue

are indicative.

GENERAL CONDITIONS OF SALE

AQUAVIVA

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