General sales conditions
1. VALIDITY. The present international conditions apply to all the
contracts that is to the commercial negotiations between Eurotis
SRL and its customers that have as subject the delivery of goods
to customers whose registered office and main domicile are lo-
cated in Italy or abroad.
The offer, its acceptance and the order confirmation are subject to
the present sales conditions.
It is excluded the applicability of any condition complementary
or different from the ones included in offer, acceptance or other
declaration given by the customer who gives up his own general
purchase conditions considered individually or in the main.
2. ORDERS. All the orders are intended to be taken as bookings
without any commitment by Eurotis SRL.
In any case will not be dispached orders not issued in written
form.
3. PRICES.The prices applied by Eurotis SRL are expressed only in
Euro,nonincludingVAT,packagecosts,freightcharges,insurance
and, where needed, custom taxes.Those are to be intended all at
customer’s expenses.
The prices are intended as agreed upon the terms and conditions
of the Price List of Eurotis SRL effective at the moment of the de-
livery.The prices, with prior written notice given by Eurotis SRL,
may change in consideration of the variation of the raw material
costs, of the production costs and tax rates.
4. SHIPMENT AND DELIVERY TERMS. With exception of different
and specific written agreement, the delivery of the goods to the
customer is intended as done with the set up of the carrier for the
departure at Eurotis SRL warehouse (EXW) and with no duty to
load it on the mean of transport.
The goods are always shipped on behalf of the customer and at
his own risk.The delivery terms, even if approved by Eurotis SRL
are always intended as purely suggestive and never essential.The
customer authorizes Eurotis SRL to draw up the transport contract
for the delivery of the goods to the customer himself, with the
charge of the related costs to the customer and at his own risk.
5. RETENTION TITLE. The transfer of the property of the goods
to the customer will happen, with all the subsequential effects, at
the full payment of the price. Up to that moment there will be, on
the goods, the retention of title in favour of Eurotis SRL.Therefore
the customer is only depositary of the goods and is binded not
to even transfer the detention and to make known to the bailiff in
case the same would be subjected to conservative or executive
acts.
6. PAYMENT. The conditions, terms and payment modalities
agreed are to be considered binding.
The possible acceptance of payments made in a different way
from the ones as above, will be considered as only tolerated by
Eurotis SRL and will not imply the giving up of the matured inter-
ests that will therefore remain as due to the customer.
The payments are due in the agreed terms also in case of delay in
the arrival of the goods, of breakdowns or of total or parial losses
happened during the transport, and also in case the goods made
available for the customer in Eurotis SRL warehouse would not be
collected from the customer himself.
The failure to pay within the agreed terms will cause the debit to
the customer of the interest to be calculated on the interest rate
applied by the European Central Bank to its main operations of
refunding increased of the 7%.
Except from different written indications, the payment of the
goods will have to be issued to the registered office of Eurotis
SRL.
7. SUSPENSION AND RESOLUTION. In case of missed compli-
ance of the customer even in one of the agreed sales conditions
or in case of variations of any kind in the firm name, in the con-
stitution or in the commercial capacity of the same (here included
the winding up) and also in case of observed difficulties of the
customer in the payments and also towards third parties, Eurotis
SRL may suspend further deliveries.
8. CLAIMS AND DISPUTES. Possible claims regarding quantity or
type of supplied goods have to be make known in written form to
Eurotis SRL within 8 days from the receiving of the goods or from
the discovery in case of non apparent defect, through a descrip-
tion of the type of defect found.
Claims received after the reasonable term of 8 days will not be
considered valid.
In case of sale to customers whose registered office or main dom-
icile is not located in Italy the terms as above are extended to 15
days.
9. DECLARATIONS OF THE SELLER. Eurotis SRL declares that its
products have characteristics appropriate for the use they are in-
tended for, that are conform to the given descriptions and that
have the requested qualities described in the Catalogue and in the
Price List already in hand of the customer.
In case after verification carried on by Eurotis SRL is determined
the existance of a defect in the goods attributable to Eurotis SRL
onthebasisofthepresendsalesconditionsandthissamedefect
is make known to Eurotis SRL within the terms as per previous
point no. 8, Eurotis SRL has the right to make a replacement or
repair supply without any additional burden.
In case Eurotis SRL would not want to remove the defect or make
a replacement supply, the customer might ask, once in vain
passed the 30 days term from the reception of the communica-
tion as per previous point no. 8, the reduction of the prices or the
resolution of the contract.
In any case the guarantee is completely acquitted with the repair
or the free of charge supply made by Eurotis SRL for the same
quantity of goods claimed and found defected.
10. USE OF THE PRODUCT AND EXCLUSION OF RESPONSIBILI-
TY. It is excluded any reponsability of Eurotis SRL even for possi-
ble damages claimed by third parties, for the use that the custom-
er does of the sold goods when this happens without the respect
of the related assembly system, of the indicated components and
of the directives of technical specifications given by Eurotis SRL
and also of the international and national normatives.
The possible costs of translation in the adopted languages in the
territories of use of the products of Eurotis SRL that might be nec-
essary afford are at the customer own expenses.
It is excluded any responsibility of Eurotis SRL for the missed re-
spect of this commitment of guarantee from the customer.
11. FORCE MAJEURE. Eurotis SRL will have, in any case, the fac-
ulty of resolution of the contract for force majeure causes and in
general for physical or political events, strikes, accidents of bio-
logical, phisical or chemical nature beyond Eurotis SRL control.
12. JURISDICTION AND APPLICABLE REGULATION. Any contro-
versy may arise between the parties in the interpretation and ex-
ecution of the
contractual relationship will be submitted to the exclusive juris-
diction of the Court of Milan. In case of sale to customers whose
registered office
and main domicile are not located in Italy is appliable the regula-
tion of the Convention of the United Nations on the Contracts of
InternationalTrade, adopted in Wien on the 11th April 1980 and for
what non included in it, the Italian law.
The application of the mentione Convention is excluded in case
of sale to customers whose registered office and main domicile
are located in Italy.
In case the customer would be also final user, in observance of
the art. 1469bis c.c. and of the dispositions in the area of use, the
dispositions of the civil process law are applicable.
116 Condizioni generali di vendita - General sales condition
