GENERAL
FRIULSIDER S.p.a. is an Italian manufacturer of fixing and fastening systems
distributed all around the world, based in S. Giovanni al Natisone (UD) - Via
Trieste 1- Italy and in these conditions it will be called FRIULSIDER S.p.a.
1 ORDERS
1.1 Orders placed with FRIULSIDER S.p.a. shall be done in writing and shall
mean a proposal of contract in accordance with the terms of art. 1326 c.c.
Italiano (Italian Civil Code); the contract for the purchase and the sale of the
goods will be considered executive only when FRIULSIDER S.p.a. issues a
written acceptance of the order to the Buyer.
1.2 Order Proposals by the Buyer will be irrevocable according with the terms
of art 1329 of the Italian Civil Code for a period of 12 months.
1.3 The contract for the purchase and/or the sale of goods is subject to these
general conditions conditions of sale, which can also be viewed at www.
friulsider.com, well known and expressly accepted by the buyer according with
terms of Art. 1341, 1342.
2 DEROGATION
2.1 FRIULSIDER S.p.a. and the buyer can derogate from these general sale
conditions, by an expressly written agreement.
3 DELIVERY TERMS
3.1 Unless otherwise and expressly agreed in writing, delivery terms shall be
deemed to be indicative and not binding.
3.2 Unless otherwise and agreed in writing, the delivery time shall mean the
date of delivery of the goods to the carrier or to the forwarding agent according
with the terms of art. 1510 of the Italian Civil Code.
3.3 Unless otherwise agreed in writing, as soon as the goods are delivered
to the carrier or to the forwarding agent, entrusted or chosen by FRIULSIDER
S.p.a., the same accepts no liability and/or risk whatsoever for any loss or
damage of whatsoever nature.
3.4 The Buyer shall collect the ordered goods within 10 days from the date
they have been placed at his disposal, otherwise he will pay a 1% (one percent)
penalty on the supply value, per day of delay.
4 DESPATCH
4.1 Unless different agreements between FRIULSIDER S.p.a. and the Buyer,
the contract shall be FCA SAN-GIOVANNI AL NATISONE INCOTERMS 2010
(or INCOTERMS 2020 according to contract agreements between seller and
buyer). The delivery of goods must be carried out by an authorised standard
carrier. In case an authorised standard carrier is not used, Friulsider S.p.a. shall
be under no liabilty in respect of damage to persons or goods.
4.2 Each supply shall have a minimum invoiced value of Euro 1300,00.
4.3 The parties shall agree that the contract is on C.P.T., or C.I.F. or D.A.P. basis,
as per INCOTERMS 2010 specifications (or INCOTERMS 2020 according to
contract agreements between seller and buyer). In this case FRIULSIDER S.p.a.
shall be entitled to impose a minimum order value per each delivery. In case
the minimum order value requested is not achieved, FRIULSIDER S.p.a. shall be
entitled to impose the carriage charges on the Buyer.
4.4 Shall the Buyer ask for a partial delivery in respect of the minimum order
value required, FRIULSIDER S.p.a. shall be entitled to charge the Buyer for the
carriage costs.
4.5 The Buyer shall inspect the quantity, the weight and the good conditions
on receipt of goods.
4.6 In the event of shortages and the receipt of damaged packages or
packaging, the recipient must affix the ”specific reservation“ to the shipping
document and forward any complaint to our sales offices within 5 days of
receipt of the goods.
5 TERMS OF PAYMENT
5.1 Ordinary forms of payment accepted:
a) Pre-payment by Bank transfer at the order of FRIULSIDER S.p.a.;
b) Documentary Irrevocable Confirmed L/C by an Italian clearing Bank payable
at sight;
c) D/P (Documents against payment) on first presentation.
By purchasing the product, the user is required to scrupulously observe the instructions
on the packaging and on the documentation relating to the product available on the
website www.friulsider.com/download.html (Declaration of Performance, Safety Data
Sheet,Technical Data Sheet, Certifications). Friulsider S.p.A. will not be liable for any
damage to persons or things that may be the consequence of a conservation or use
other than those described.
5.2 In conformity with Italian law concerning the implementation of the EU
Directive 2000/35 / EC, in case of delayed or non-payment, Friulsider S.p.A,
costs and interests on arrears will be charged, in accordance with the sixth-
monthly rate established by the European Central Bank, and relative increase,
in addition to compensation for recovery costs.
5.3 If the Buyer fails to make the payment of even one instalment, the
FRIULSIDER S.p.a. shall be entitled to suspend any further delivery to the Buyer.
5.4 Standard packing shall be included in the agreed price. FRIULSIDER S.p.a.
will charge the Buyer for packing on request at cost.
6 LIABILITY
6.1 FRIULSIDER S.p.a. shall be under no liability in respect of any involuntary
mistake on editing of catalogues and price lists.
6.2 FRIULSIDER S.p.a. reserves the right to make any changes in the
specification of the goods, which do not materially affect their quality or
performance.
6.3 Unless otherwise agreed in writing all patterns, drawings, tools, etc
produced by FRIULSIDER S.p.a. shall remain the property of the FRIULSIDER
S.p.a. and must not be used or copied by the Buyer.
6.4 FRIULSIDER S.p.a. warrants that the goods will be free from defects in
material and workmanship. This warranty will expire after 6 (six) months from
the delivery date, departing from the terms of the Art. 1495 of the Italian Civil
Code.
6.5 When contracts concern special goods, FRIULSIDER S.p.a. shall be entitled
to deliver the quantities with an average of -/+ 10% (ten percent minus/plus).
6.6 The above warranty is given by FRIULSIDER S.p.a. subject to the following
conditions:
a) FRIULSIDER S.p.a. shall be under no liability in respect of any defect in the
goods arising from any drawing, design or specification supplied by the
Buyer ;
b) FRIULSIDER S.p.a. shall be under no liability in respect of any defect arising
from uncorrect use of the product, wilful damage, negligence, inexperience,
carelessness, non respect of laws, terms and rules, abnormal working
conditions, failure to follow FRIULSIDER instructions misuse, or alteration or
repair of the goods without previous FRIULSIDER S.p.a. approval;
c) The Buyer shall notify FRIULSIDER S.p.a., in writing, of any defect immediately
and in any case, within 5 days from the knowledge of the Buyer, otherwise
FRIULSIDER S.p.a. shall be under no liability.
6.7 Return of goods without Friulsider’s authorisation will be refused and sent
back to the buyer with transport costs at the buyer’s expense.
For details regarding “Product’s return terms and conditions” please contact
the Export Sales Department (export@friulsider.com).
7 LAW
7.1 The contract between the Buyer and FRIULSIDER S.p.a. will in all respects
be governed by the Italian Law.
7.2 The two parties agree that any dispute will be submitted to the Italian
Judicial Authority and particularly to the “Court of Udine”.
8 CODE OF ETHICS - MOG231
FRIULSIDER has adopted the Organizational and Management Model provided
for under Italian Legislative Decree 231/2001 and the company’s related
Code of Ethics. The Code of Ethics sets out FRIULSIDER’s commitments and
responsibilities in all its activities and at all levels of its business with regards
to its shareholders, employees, clients, commercial partners and the wider
community, and reconciles market competitiveness with compliance with
the law, social responsibility, environmental protection, the proper use of
resources, and the dignity of the person. By accepting these FRIULSIDER Terms
and Conditions of Sale, the client undertakes not to engage in any conduct
which breaches Italian Legislative Decree 231/2001 and to comply with the
requirements of the FRIULSIDER Code of Ethics in their commercial relationship
with the latter. The Code of Ethics is published on the www.friulsider.com
website.
All rights reserved.
This catalogue is the exclusive property of Friulsider S.p.A. and can not be copied,
modified or published, even partially, without explicit authorization. Any violation will
be prosecuted according to law. The images are for illustrative purposes and may not
exactly correspond to the real product. Designs are indicative and illustrate the product
use. For correct installation consult the Friulsider Technical Sheets also available on the
website www.friulsider.com/download.html . Friulsider S.p.A. is constantly engaged in
product development and reserves the right to carry out technical modifications without
prior notice. Friulsider SpA is not responsible for any printing errors.