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Hydraulikzylinder • Hydraulic cylinders • Vérins hydrauliques • Cilindros hidráulicos
PAYMENTS
7.1 – Unless otherwise agreed, payments shall be made by the Customer within the terms provided in the written con- fimation of acceptance of order at the Supplier’s domicile or with the Bank indicated by him: in the event ofdelay, the Cus- tomer shall be bound to pay interest on arrears, in any case reserving to the Supplier the option to request compensation 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.
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 correspond to the provisions of the specific contact agreed to by both par- ties.
8.2 – The duration of the guarantee shall be twelve months counting from the delivery of the products and, for substituted products or components, from the day of theirsubstitution. 8.3 – Within this period the Supplier to whom the Customer has reported in writing the existence of evident defects no later than eight days from their delivery and the existence of hidden defects no later than eight days from their discovery shall undertake, at his choice, to repair or substitute free th- eproducts or parts thereof which have proved to be defective. The return of not con-forming goods shall be always author- ized in writing by the Supplier and shall have to keep the origi- nal packaging.
8.4 – The substitutions or repairs shall as a rule be carried out ex-works: the costs and risks for transport of faulty products 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 substitution or repair on the Customer’s premises, the latter shall bear the travelling and accommodation expensesof 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 ceasewhenever products have not been correctly assembled or used, or have received insuffi- cientmaintenance or have been modified or epaired 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.
LIABILITY OF THE SUPPLIER
9.1 – The Supplier shall be solely responsible for the good operation of the hydraulic and pneumatic equipment supplied as regards fea-tures and performances expressly indicated by himself. He shall not, however, assume any liability for any faulty operation of machines or systems made by the Cus- tomer or third parties with hydraulic and pneumatic compo-
nents from the Supplier even if the individual hydraulicand pneumatic equipment have been assembled or connected according to diagrams or drawings proposed by the Supplier, unless such diagrams and drawings have been the subject of separate remuneration, in which case the liability of the Sup- plier shall in any case be limited to what is contained in the above/mentioned drawings or diagrams.
9.2 – In any case, outside the strict and im-perative cases provided by current legislation regarding the liability of the Supplier, and except what provided by the art. 1229 of the Italian Civil Code, the Customer shall not be able to request compensation for direct and indirect damage, loss of prof- its or poduction, nor shall he be able to claim entitlement to compensation of sums in excess of the value of the equipment supplied.
RESERVATION OF OWNERSHIP
10.1 – The Supplier shall retain ownership of the products supplied until full payment of the price agreed.
TERMINATION CLAUSE AND RESOLUTORY CONDITION
11.1 – The contract for supply shall be termi-nated automati- cally, 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 Cus- tomer: 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 he obligations of confidentiality po- vided under art. 3.4.
11.2 – The contract shall be deemed terminated automati- cally if the Customer is put into liquidation or is subject to any bankruptcy proceedings.
WITHDRAWAL BY AGREEMENT
12.1 – If the Customer reduces the guarantees ha had given or does not provide the guaran-tees he had promised, the Supplier shall have the option of withdrawn from the contract.
LAW APPLICABLE
13.1 – Every supply contract entered into among the par- ties, even with foreign countries, shall be regulated by these standard conditions and governed by the Italian law.
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 Custom- er, the Supplier’s Court exclusively shall be competent; 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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