SALE GENERAL CONDITIONS
1. The goods are always sold in accordance with the following sale conditions. Then, the Customer withdraws to its own eventual sale conditions. We consider, in fact, the sale conditions as accessory part of the quality of our products, that the Customer accepts by choosing the same one. Eventual derogation from these conditions must be agreed by the mean of a personalized contract between the two companies’ general managements.
2. Our offers must be understood without commitment and the eventual orders, also if settled by our Agents or representatives, will be considered as final after our written and regular confirmation only.
3. In any case our order confirmations are valid, that must be checked by Customer. The Customer can, eventually, complain the order confirmation within 3 days from the reception of the faxed or e-mailed order confirmation.
4. The terms agreed for deliveries are not binding. A possible delay will not lead the purchaser to cancel the order or to claim any compensation for damages or interests. The delivery terms attachments date will start after the order will be confirmed by us. The terms attachments will be extended if the Customer does not comply on time with the contract terms, if he delays the payments or if causes out of will arise, as delivery delays from our suppliers.
5. Our company will be able to stop, anytime, the supply or to change the agreed payment terms if the Customer’s assets conditions change.
6. The invoicing prices will be as showed in the order confirmation. They will change in case of increase of raw materials or manpower costs, and however the Customer will be immediately informed via fax about the increase, and a new order confirmation will be sent to him. The Customer will be able to cancel the orders for the items not yet under production.
7. The shipment is under Customer full risk, also if it is a “free your warehouse ” supply. Then, we are not liable for any claim, weight loss or damage due to the transport or the unloading. The freight forwarder is responsible for all these matters, and the consignee must revert to him all papers of the case, before goods acceptance.
8. If the Customer or a freight-forwarder (entrusted by the Customer) will be charged of the transport (ex-works goods), the delivery is understood after the “Goods ready” notice will be faxed or e-mailed. Upon delivery accomplishment, the risks for the materials are transferred to the Customer. We reserve the right to charge the Customer of storage expenses or other ones, after ten days of delay (to pick-up the goods) from the delivery.
9. The production is statistically controlled using, for operations and safety, UNI 4842-66 standard. Simple sampling with LQA 1% normal severity degree (with exception for what is different prescribed by specific products standards). The eventual material defects, also if imputable to us, and recognized by us, will entitle to replace as soon as possible only the failed item. No indemnities will be given for direct or indirect damages of any type.
10. Not agreed restitution will be considered as arbitrary, and not accepted unless agreed and authorized by our sales department.
11. The drawings and other technical characteristics as showed in the catalogue can be changed without prior notice. We suggest to our Customers to contact our Technical Department to receive the specific tolerances of the used items, if they are part of critical couplings. The drawings are “All rights reserved” and cannot be transmitted to third parties without our authorization.
12. The claims must be transmitted within 8 days from the goods reception.
13. Any complaint does not justify the payments refusal as agreed.
14. Eventual strikes, wars, epidemics, wagons unavailability, railway interruptions, material scarcity, machinery failures or other causes that could force to stop, also partially, the production inside our shops, must be understood as “force majors” allowing the contracts performance suspension.
15. The goods will remain E.M.C. Colosio S.p.A.. property until fully paid.
16. The invoice payment will be performed, cash and upon the due date, at our office of Provaglio d’Iseo (BS) via Ugo La Malfa n° 4. No discounts or deductions are allowed unless agreed with our Sales Department. After the due data, without notice or demand for payment, it will reckon the official interest plus 5%. This condition is valid for partial payments also. The total or partial failed payment will bring to the suspension of the payment extensions orders to be filled, without Customers claims.
17. No charges will be accepted. Eventual agreed discounts, deductions, claims for damage will be accomplished by the means of credit notes issued by us.
18. The Brescia’s law courts will be competent for any litigation.