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CONDIZIONI GENERALI
General sales terms & conditions • Allgemeine verkaufsbedingungen • Conditions générales • Condiciones generales
mation of acceptance of order at the Supplier’s domicile or with the Bank indicated by him: in the event of delay, the Customer shall be bound to pay interest on arrears, in any case reserving to the Supplier the option to request com- pensation for greater damage suffered and termination of the contract as per Art. 11 below.
7.2 Any disputes which may arise between the parties shall not release the Customer from the obligation of observing the payment terms and conditions.
8 - GUARANTEE
8.1 The Supplier shall guarantee conformity of the products supplied, which shall mean that they are without defects in their materials and/or processing and that they corre- spond to the provisions of the specific contract agreed to by both parties.
8.2 The duration of the guarantee shall be twelve months counting from the delivery of the products and, for sub- stituted products or components, from the day of their substitution.
8.3 Within this period the Supplier to whom the Customer has reported in writing the existence of evident defects no lat- er than eight days from their delivery and the existence of hidden defects no later than eight days from their discov- ery shall undertake, at his choice, to repair or substitute free the products or parts thereof which have proved to be defective. The return of not conforming goods shall be always authorized in writing by the Supplier and shall have to keep the original packaging.
8.4 The substitutions or repairs shall as a rule be carried out ex-works: the costs and risks for transport of faulty prod- ucts shall be at the Customer’s expense. However, if the Supplier, in agreement with the Customer, deems it more appropriate to carry out the necessary work for substitu- tion or repair on the Customer’s premises, the latter shall bear the travelling and accommodation expenses of the technical staff made available by the Supplier and shall supply all means and auxiliary staff requested for carrying out the operation in the quickest and safest way.
8.5 The guarantee shall cease whenever products have not been correctly assembled or used, or have received in- sufficient maintenance or have been modified or repaired without the Supplier’s permission. Moreover, the Supplier shall not be held responsible for the conformity defects of the products caused by the ordinary wear of those parts which are normally subject to continuous and rapid wear.
9 - SUPPLIER RESPONSIBILITY
9.1 The Supplier shall be solely responsible for the good op- eration of the hydraulic and pneumatic equipment sup- plied as regards features and performances expressly indicated by himself. He shall not, however, assume any liability for any faulty operation of machines or systems made by the Customer or third parties with hydraulic and pneumatic components from the Supplier even if the in- dividual hydraulic and pneumatic equipment have been
assembled or connected according to diagrams or draw- ings proposed by the Supplier, unless such diagrams and drawings have been the subject of separate remunera- tion, in which case the Supplier’s liability shall in any case be limited to what is contained in the above/mentioned drawings or diagrams.
9.2 In any case, outside the cases governed by the Italian D.P.R: May 24th, 1988 no. 224, and except what provided by the art. 1229 of the Italian Civil Code, the Customer shall not be able to request compensation for indirect damage, loss of profits or production, nor shall he be able to claim entitlement to compensation of sums in excess of the value of the equipment supplied.
10 - RESERVATION OF OWNERSHIP
10.1The Supplier shall retain ownership of the products sup- plied until full payment of the price agreed.
11 - TERMINATION CLAUSE AND RESOLUTORY CONDITION
11.1 The contract for supply shall be terminated automatically, according to art. 1456 of the Italian Civil Code, through simple written declaration by the Supplier that he wishes to avail himself of this express termination clause if the Customer:
1) omits or delays payments due;
2) delays or fails to take delivery of the products in the times provided under art. 5 above;
3) does not fulfil the obligations of confidentiality provided under art. 3.4.
11.2 The contract shall be deemed terminated automatically if the Customer is put into liquidation or is subject to any bankruptcy proceedings.
12 - WITHDRAWAL BY AGREEMENT
12.1 If the Customer reduces the guarantees ha had given or does not provide the guarantees he had promised, the Supplier shall have the option of withdrawn from the con- tract.
13 - LAW APPLICABLE
13.1Every supply contract entered into among the parties, even with foreign countries, shall be regulated by these standard conditions and governed by the Italian law.
14 - COMPETENT COURT
14.1 For any dispute pertaining to the execution, interpreta- tion, validity, termination or cessation contracts entered into between the parties, if the action is brought by the Customer, the Supplier’s Court exclusively shall be com- petent; if, however, the action is brought by the Supplier, as well as the Court of the Supplier himself, any other Court established by law shall be competent.
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