Art. 1 - Validity and right of variation
All the contracts made by the Seller shall be subjected to these terms and conditions of sale which supersede any earlier terms and conditions of sale. The Seller doeshereby reserve the right to add, to amend or vary the conditions as herein set out, by including such additions, variations or amendments to the quotation or in any written correspondence addressed to the Buyer.
Art. 2 - Order confirmation
Orders’ acceptance and Seller’s disclaimers of liability for any information held by the Seller shall have the right to refuse any order within fi fteen days from receipt. Verbal or telephone orders and any amendments to orders must be confirmed in writing by the Buyer, otherwise the Seller will not accept responsibility for mistakes or consequent misunderstandings.
Art. 3 - Price changes
The Seller shall have the right to increase prices, with prior notice, in accordance with any change of the raw materials and labor costs which may take place between the date of order and the delivery.
Art. 4 - Transportation
The goods, sent to any place fixed by the contract and with any kind of carrier has to transit at own risk and cost of the buyer.
Art. 5 - Interests and charges
In case of delayed payment, the Seller shall charge default interest charges in right of the legal rate subject of the new body of legislation (D.L. N. 192/2012), besides cashing charges, bank rights and legal expenses.
Art. 6 - Payments and expiry
Payments must be made only to the head office in Castegnero (VI, Italy). Bills’ acceptance or issue of drafts, even if these are stated on the contract, do not involve either departure or novation of payment’s place located in Castegnero (VI, Italy).
Art. 7 - Retention of title
Until the full payment has been received by the Seller for all products to be supplied, all goods remain property of the Seller. The Seller shall have the right at any time to revoke the Buyer’s right of disposition by written notice to the Buyer, in case the Buyer is in default for any sum due to the Seller for more than seven working days.
Art. 8 - Suspension of deliveries
If the Buyer fails to make payment in due time according terms stated by the Seller or he becomes insolvent or has a receiver appointed or passes a resolution for winding up, the Seller may suspend, at its option, every delivery.
Art. 9 - Defective goods
Any kind of defect of the goods, due to faulty raw materials, manufacturing, and any other possible fault of the products, tolerances and usage excepted, will be solved with the simple change of the faulty parts, only after the evaluation of the Seller’s Quality Department. At his own judgement the Seller have the right to close the issue with a credit note for the value of the faulty goods, with exception of any other possible collateral damage. Only the claims coming to the Seller within 7 days from the delivery date will be considered. In any case the shipment of faulty goods must be previously agreed between the Parties, with particular attention to the transport costs. Any goods coming back to Trafimet without the previous agreement of the Seller, will be sent back to sender at its own costs.
Art. 10 - Return of goods
Return of the goods and shipment charges must be previously agreed by the Seller. Goods returned without written authorization will be refused and sent back to the Buyer. It is otherwise clear that only new and unused products, in perfect conditions and provided with original boxes can be returned to the Seller.
Art. 11 - No liability for late delivery
The Seller shall endeavor to complete the contract and/or deliver the goods within the time agreed (if any) but it shall not be liable for any loss or any kind of damage whatsoever caused directly or indirectly by any delay in completing of the contract or delivery of the products.
Art. 12 - Applicable law and settlement of disputes
All contracts with the Seller shall be deemed to have been made in Italy and shall in all respects be construed and interpreted in accordance with the Italian law. Any dispute shall be referred to the Tribunal of Vicenza, provided however that the Seller, at its own discretion, may elect to waive the competence of the Italian law and the Tribunal of Vicenza to bring an action against the Buyer before any court of competent jurisdiction, in the domicile of the Buyer itself, the applicable law being the law of the country of the Buyer’s domicile.
Art. 13 Validity
These sales conditions cancel and replace any other sales condition that could be mentioned in our documents, if the latter are different from the above mentioned conditions.