blocks, etc.);
- should the duration of these circumstances extend
beyond six months, both parties reserve the right to
withdraw from the contract, excluding any and all
claims for damages;
- if the BUYER delays with the ful
filment of the
contractual obligations, in particular if the payment
terms are not met.
Even when a binding delivery term has been expressly
agreed, GENERAL FITTINGS shall not be considered
to be in default until after the expiry of an additional
delivery term of not less than one month expressly
noti
fied to it in writing by the BUYER.
After this period has expired to no avail, the Buyer may
withdraw from the contract and shall not be entitled
to any compensation for damages, unless the Buyer
proves that they are attributable to GENERAL FITTINGS
by intent or gross negligence.
7. PRICES AND DELIVERY
The prices indicated in the quotations and order
con
firmations are in Euros, excluding VAT.
The prices valid at the time of delivery shall apply.
Unless otherwise stated, prices are net ex works
(Incoterms 2010).
The place of delivery is at the Seller’s premises or the
warehouse expressly indicated in the offer and where
not speci
fied is Ex Works (Incoterms 2010).
Delivery shall take place by entrusting the goods to
a carrier or forwarding agent. Risks shall pass to the
Buyer with delivery or, at the latest, as soon as the
goods leave the Seller’s warehouse, and this shall also
apply if delivery ex-works or similar clauses have been
included, or if assembly on site has been included, or if
transport is organised or directed by the Seller.
If dispatch is delayed for reasons not attributable to the
Seller, the transfer of risk to the Buyer shall take place
upon noti
fication that the goods are ready.
Transport, insurance and other additional costs in
connection with delivery and dispatch (e.g. taxes,
duties, customs fees) shall be borne by the Buyer. Any
packaging, transport, insurance or other additional
costs indicated by GENERAL FITTINGS in the offer or in
the order con
firmation shall be adjusted appropriately
in the event of a change in the relevant charges.
No liability is attributable to the Seller for loss or
damage of any kind caused by stowage, loading and/
or transport. Any special requests regarding shipment
and/or insurance must be noti
fied to the Seller in
advance. Failing this, shipment shall be carried out
at the Seller’s discretion and in any case without any
liability on its part.
No liability is attributable to the Seller even when the
Buyer provides for transport of the goods with his own
vehicle or with carriers chosen by him.
The Buyer shall be responsible for inspecting the
incoming goods. Packaging is not included in the price
and is the Buyer’s responsibility.
The return of products is only possible with prior
written authorisation.
GENERAL FITTINGS reserves the right to charge the
Buyer a penalty of 30% of the value
of the returned goods for errors not attributable to it.
8. LACK OF SHIPPING DATA
The Buyer who has not provided precise shipping
details must collect the goods no later than one week
after notification that the goods are ready. Failure to do
so shall entitle the Seller to invoice the goods, provide
for storage of the material and charge the Buyer for the
costs thereof.
9. WITHDRAWAL
The Seller has the right to withdraw from the Contract
if facts occur (such as, by way of example
example: difficulty in accessing production factors,
increase in the price of raw materials, organisational
problems, etc.) that, in the unquestionable judgement
of the Seller, are such as not to permit the useful
continuation of the contractual relationship. In
this case, the Buyer shall not be entitled to any
compensation or indemnity.
10. COMPLAINTS
Claims for defects of the goods must be made in
writing within and no later than 8 (eight) days from
receipt of the same and addressed to the e-mail
address varmo@general
fittings.it.
Failing this, the products shall be deemed to comply
with the concluded Contract and the Seller shall not
be liable for errors, defects, lack of quality. Even in the
event of a claim, the Buyer is obliged to pay the amount
of the invoice when due and before having made such
payment, the Buyer may not propose, not even by way
of exception, any actions that may be brought against
the Seller. Any claims or disputes concerning individual
deliveries of goods shall not release the Buyer from the
obligation to collect the remaining part of the goods
within the limits of the order.
SALES CONDITIONS
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