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CONDIZIONI GENERALI
General sales terms & conditions • Allgemeine verkaufsbedingungen • Conditions générales • Condiciones generales
GENERAL SALES TERMS & CONDITIONS
1 - SUBJECT AND SCOPE OF APPLICATION OF THESE STANDARD CONDITIONS
1.1 These standard conditions shall govern all present and future contractual and pre-contractual relations between parties concerning the supply of hydraulic and pneumatic components, equipment and systems. They shall be co- ordinated with any special conditions agreed in writing by the parties or inserted in the Supplier’s written confirma- tion of acceptance of order.
1.2 Unless specifically approved in writing by the supplier, de- viant general or special conditions included or referred to by the Customer in his communications to the Supplier shall however be deemed null and void.
2 – FORMATION OF CONTRACT
2.1 The supply contract comes into force upon written confir- mation of acceptance of order by the Supplier.
2.2 However, if the conditions indicated in the Customer’s order differ from those in the Supplier’s written confirma- tion, the latter shall count as a new proposal and the con- tract shall be deemed completed at the moment in which the Customer starts to execute it or accepts the products supplied without express written reservation.
2.3 Every further Supplier’s offer shall be deemed valid only within the period of time it itself states and exclusively for the complete supply the offer rates.
3 - TECHNICAL DATA, DRAWINGS AND DOCUMENTS PERTAINING TO THE SUPPLIES
3.1 The data and illustrations resulting from the catalogues, brochures, circulars or other illustrative documents from the Supplier shall be of an indicative nature. This data shall have no commitment value unless expressly mentioned as such in the confirmation of order.
3.2 The Supplier reserves the right to make any modifications to his own products at any moment as he deems appro- priate, giving notice to the Customer if they affect the in- stallation.
3.3 If the Customer proposes modifications so that it be- comes compulsory to implement them, there shall be full written agreement between the parties on the variations which such modifications may cause to prices and delivery periods previously established. Moreover, the prices could vary in case the ordered quantities should be reduced or the Customer should ask for a more prompt delivery.
3.4 TheCustomershallexpresslyundertakenottouse,forpur- poses other than those envisaged in the supply contract, the drawings, technical information and discoveries relat- ing to the supply which shall remain the Supplier’s property and which the Customer shall not be able to deliver to third parties nor reproduce without written permission.
3.5 Should there be any particular normative law to respect in the Country of destination of the Supply, the Customer is bound to inform the Supplier before the stipulation of the contract.
4 - EXCLUSIONS
4.1 Unless otherwise agreed in writing, the plan of the sys- tem, the installation of equipment supplied, special test-
ing, manuals and trading courses, assistance with start-up and all services and costs not mentioned in the Supplier’s written confirmation of acceptance of the order shall not be included in the supply.
4.2 Likewise the costs of packing, taxes, stamp duties, cus- toms expenses, duties and any other extra expenses shall not be included in the prices unless otherwise stated in the Supplier’s written confirmation of acceptance of order.
5 - DELIVERY
5.1 Unless there is agreement to the contrary, the supplies shall be deemed to be goods supplied ex works, without packing.
5.2 With handover of the equipment to the Customer or car- rier the Supplier shall be released from the obligation to deliver and all risks on the equipment itself shall pass to the Customer even in the event where the Supplier is re- sponsible for the despatch or assembly for working.
5.3 The delivery deadlines shall be regarded as an indication and shall be reckoned in working days.
5.4 Unless otherwise agreed by the parties, the deadlines shall start to run from the moment of conclusion of the contract, unless the Customer has to meet part of the price on an account basis because then the elapse of the deadlines shall be suspended until he has paid this.
5.5 It shall be understood that the delivery deadlines are auto- matically extended:
1) if the Customer does not supply in reasonable time the data or equipment necessary to the supply or requests changes during execution or, even, delays in meeting the request for approval of the drawings or working diagrams; 2) if causes independent of the goodwill and diligence of the Supplier, including delays of sub-contractors, impede or render excessively difficult delivery in the terms estab- lished.
5.6 In the event the Customer is not in order with payments relating to other supplies, the elapse of the deadlines shall be suspended and the Supplier may delay delivery until the Customer has paid the sums due.
5.7 It shall be understood that the delivery deadlines are set to favour the Supplier; the Customer may not therefore refuse to take delivery of products before the date set.
5.8 Unless prescribed under Art. 11 below, in the event of fail- ure to take delivery of products by the Customer for rea- sons for which is he is to blame or, in any case, for a rea- son independent of the Supplier’s goodwill, the Customer shall bear the risks and expanses for their safe keeping.
5.9 If the parties have agreed that, in the event of delayed delivery, the Supplier is obliged to pay a sum as a penalty, the Customer may not ask for sums in excess of the pen- alty as compensation for damages suffered because of the delay
6 - TESTING AND ASSEMBLY WORK
6.1 Special testing which may be provided in the written con- firmation of acceptance of order shall be carried out at the Customer’s expense on the premises indicated by the Supplier.
6.2 Assembly and working testing, if requested, shall be car- ried out by the Supplier at the Customer’s expense as.
7 - PAYMENTS
7.1 Unless otherwise agreed, payments shall be made by the Customer within the terms provided in the written confir-
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