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  • General terms of supply

General terms of supply

PRECONDITIONS: The supplies include only what is expressly specified in the confirmation of acceptance of the order of the supplier company and are regulated by the present general conditions, except for exemptions resulting from explicit written agreement. Any changes and communications during the course of the supply will not constitute a novation of the contract. Once the order has been received, the supplier will have 10 days to transmit the relative acceptance, during which the order itself will remain irrevocable on the part of the customer. At any time the execution of the supply may be suspended in the event of a change in the patrimonial conditions of the client pursuant to and in accordance with article 1461 of the Civil Code.

PRICES: Prices are to be understood in the manner expressly specified in the confirmation; they do not include services and charges not mentioned and in particular the taxes of various kinds and municipal taxes in force in the place of destination. Packets are not received back, unless otherwise agreed.

PRICE VARIABILITY CLAUSE: Supply prices must be considered variable with the application of the ANIE price variation clauses of the related sectors. These clauses are based on the "Variazioni Carico Salariale" and the "Materials Price Bulletin" published by the Association.

TERMS OF PAYMENT: The payment of the supply (pro quota in case of partial delivery of separate parts) is carried out, in the form expressly specified in the confirmation, to the domicile of the supplying company, always remaining at the risk of the Customer the transmission of sums, whatever the chosen means. If a change of order is agreed, both the discount interest and the related fees and commissions shall be borne by the Principal. For no reason whatsoever and under no circumstances can the Customer defer payments beyond the agreed deadlines, particularly as a result of delays in the delivery of materials or in the assembly or in disputes of any kind. On the delayed payments will be counted, with full rights and without any formal notice, the interest to the extent provided by the Legislative Decree 09.10.2002 n. 231 and its subsequent amendments, without the Buyer being able to defer the payments.

RESERVATION OF PROPERTY: The Fornitrice Company retains ownership of the products, plants and machinery supplied, up to the total payment of them and any act of the Customer which, apart from the explicit written consent of the Fornitrice company, impairs the right of the Supplier to resell the materials, will be subject to statutory penalties.

DELIVERY: The delivery period starts from the day of the agreement on each contract detail and does not start before the payment installment is received to the order, when it has been agreed. It is intended as an adequately prolonged right if the Customer does not fulfill the contractual obligations on time and in particular:

  • - If payments are not made on time;
  • - If the Customer requests variations during the execution of the order;
  • - If the Customer does not provide any materials supplied by him in good time;
  • - If causes arise independent of the goodwill and diligence of the Supplier, including proven delays of subcontracting;
  • - If the delay in delivery is due to force majeure;
  • - The delivery, according to article 1510 of the Civil Code it is agreed upon in the manufacturer's workshops and carried out directly against the customer or the carrier, even if the price includes transport and if the Supplier assumes the assembly in place. However, if for any reason the goods object of sale can not be delivered for independent facts of the Company, the delivery means to every effect performed with the simple notice of goods ready. Once all risks to the material have been delivered, the Purchaser's right in the case of a delayed delivery, not for his own, to charge the Customer for the costs of storage, custody, insurance, etc., is transferred to the Customer. if sold carriage free, travel at risk and danger of the Customer.

TECHNICAL DATA: The machines, the equipment and the materials, except for particular different requirements to be agreed in writing, correspond to the CEI standards. Weights are indicated for information only, except in the case of supply whose price is agreed with explicit reference to weight. The company reserves the right to make changes to its products at any time that are not substantial that it deemed convenient, but notifying the customer if they affect the installation. If the Customer proposes technical changes to the provisions of the Supply Company on offer or in the presented drawings, in order for the same to become mandatory, the parties must fully agree in writing on the variations that such modifications may have on prices or delivery period previously established; the submission of a proposed amendment does not suspend the contractual clauses. The Customer expressly undertakes not to use them, for reasons other than those provided for in the supply contract; drawings, technical information and discoveries relating to the supply, which remain the property of the Supplier and which the customer can not deliver to third parties or reproduce without prior written authorization.

TEST: And in the faculty of the Customer, ask, in good time, to attend to his expenses, during normal working hours, the normal testing of the products / plants / machinery in the workshops of the Supplier who will promptly notify the date of testing, in the absence of the Customer's intervention, the tests will be carried out by the Supplier and the results will be communicated to the Customer. If type tests are required, these will be carried out at the expense of the Customer. Within 30 days from being put in place by the Supplier, the Customer may request the testing, in place, of the plants / machinery to verify its regular operation. All related expenses will be charged to the Customer and the tests will be performed at his own risk. Once the test has been carried out with a favorable outcome or the aforementioned term has elapsed without the Customer having requested the test, the supply is understood as being accepted by the Customer, subject to the guarantee of the Fornitrice Company as specified below. If the test results that the supply does not correspond to the essential characteristics established in the contract and the Fornitrice company is not able to fulfill it, it has the right to renounce the order with the sole obligation to recover the products, plants and machinery eventually delivered returning the sums receipts, without interest, and without the Customer being able to claim damages or compensation for damages.

WARRANTY: The Company guarantees the good quality and the good construction of its products, plants and machinery by obligating during the warranty period specified below, to repair or replace for free as soon as possible those parts that due to poor quality of material or defect workmanship or imperfect assembly (if the assembly was taken by it) proves to be defective, provided that this does not depend on natural wear and tear, due to failures caused by the Client's inability or negligence, by overloading beyond the contractual limits, by interventions unauthorized, by tampering performed or made to be carried out by the Customer, by lack of maintenance, by fortuitous events or force majeure. The technical staff will intervene within the time limits granted by the needs of the Supplier. If the consignment of machines or equipment dismantled in pieces has to be provided for construction or transport needs, the Supplier does not grant any guarantee if the assembly is not carried out by you. The warranty period is 12 months from the delivery referred to in Article 6 (6 months for machinery and equipment operated day and night) and ceases at the expiration of the deadline even if the machinery / plants were not for any reason, put into service. Exceptions may be made to some parts of the equipment that have warranty terms other than 12 months which will be indicated in the product supplier catalog. The prompt intervention under warranty by the Supplier remains subject to compliance with the payment conditions by the Customer. The works related to the repair or replacement under warranty will be, in the opinion of the Supplier, performed in the workshops of the Supplier or third parties, or on the spot, with the only charge for travel expenses, board and lodging, travel hours round trip from the place of intervention. All the time necessary to replace the defective part will be under warranty. This fee does not apply if the intervention is carried out at our or from a company authorized by us, but the transport and packaging costs will be borne by the Customer. For works to be carried out on site, the Customer must prepare, at his own expense, the personnel of the Supplier, all the necessary means and auxiliary personnel, as well as all ancillary works, walls, blacksmith, carpenter etc. Nothing will be due to the Customer for the time during which the plant will remain idle, neither he can claim compensation or compensation for claims expenses, for direct or indirect damages caused to people, animals or things of any kind, as well as caused by the aforementioned repairs or replacements. The replaced parts remain the property of the Company and must be returned by the Customer, carriage paid. All transport relating to the operations carried out under warranty take place at the risk and danger of the Customer. For the parts that the Company has purchased from other suppliers, the guarantees given by them to the Supplier will be applied to the Customer. Materials and parts subject to continuous wear are excluded from the warranty, such as: glass parts, light bulbs of various kinds, fuses, voltage dischargers and all those protection components which due to their type of operation may deteriorate, all electronic circuits, the removable parts and all the components operating at a temperature higher than that indicated in the wiring diagram or operating manuals, and in any case at a temperature higher than 50 degrees. Under no circumstances can extended terms of expiry and prescription as per article 1512 be understood. Civil Code. This is the only valid guarantee, no one is authorized to change its terms.

ASSEMBLY: If the supply includes the assembly in place the "General Conditions for the assembly of electrical machines and appliances A.N.I.E.", together with those present, form an integral part of the supply contract.

DISPUTES: Contracts, even if stipulated with foreign citizens or for materials supplied abroad, are governed by current Italian legislation. Jurisdiction is only that having jurisdiction in the registered office of the supplier even in derogation of articles 32 and following. Cod. Proc. Civ., Excluded for the Purchaser the possibility to refer the Judicial Authority to another place also by way of guarantee or connection of the case, but without prejudice to the right of the Supplier to perform, as an actress, a action in the place of residence, in Italy or abroad, of the Client. Any disputes do not exempt the Customer from observing the agreed payment terms and do not imply any extension of the agreed terms. Contract expenses, registration and possible transcription are charged to the Customer.

WORKING CONDITIONS TO PROTECT THE WORKER: The working conditions and relative safety conditions in which our collaborators will have to work in the various sites, must comply with all the regulations in force in Italy. These working conditions must be respected even if they operate abroad. Any unsuitable conditions for work will be communicated briefly and will give reason for the suspension of the work, without this from the customer giving reasons for any type of technical and commercial rivalries, or rather, the possible extension of the construction site , caused by the above-mentioned reasons, will charge the purchaser of the higher costs and expenses derived from this derivative.

SOFTWARE AND FIRMWARE LICENSES: Together with the machinery and equipment indicated in the order confirmation, the Supplier grants the sole right to use indefinitely and in a non-exclusive way the software and firmware program modules running on PCs (personal computers) or connected microprocessors. These forms are not granted for sale, but granted in use to the Licensee in the version existing at the time of delivery and provided with an activation key to protect the rights of the Supplier (hardware or numerical key). This license for use issued to the Licensee therefore refers only to the right to use the firmware-software product indicated in the order confirmation. This license will be considered expired 30 days after the expiry of the payment deadline and may be blocked by the Supplier, in the event of default by the Customer, without the need for prior formal notice. The software is supplied with all the functionalities to use the machine as foreseen by the manufacturer. Links to third-party operating systems, future updates and antivirus protection are excluded.

CONFIDENTIALITY CLAUSE: Il Committente si impegna a non divulgare le specifiche tecniche dei macchinari e degli impianti a terzi ed in particolare ai potenziali concorrenti della Ditta Fornitrice, a non divulgare i software-firmware, i disegni ed i progetti d'installazione delle macchine, a non pubblicare le fotografie o filmati dei macchinari e degli impianti senza il preventivo consenso scritto della Ditta Fornitrice, che tutelerà i propri diritti nei modi e con le forme previste dalla legge. Resta inteso che la presente clausola di riservatezza si riferisce a qualsiasi comportamento del Committente che, direttamente od indirettamente, sia idoneo a svelare qualsiasi particolare tecnico, di metodo o di design frutto della specifica attività inventiva e/o di progettazione della Ditta Fornitrice.

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