Page 116 - EUROTIS - CATALISTINO VALVOLE 2022 - FIDRA

General sales conditions

1. VALIDITY. The present international conditions apply to all the 8. CLAIMS AND DISPUTES. Possible claims regarding quantity or
contracts that is to the commercial negotiations between Eurotis type of supplied goods have to be make known in written form to
SRL and its customers that have as subject the delivery of goods Eurotis SRL within 8 days from the receiving of the goods or from
to customers whose registered office and main domicile are lo- the discovery in case of non apparent defect, through a descrip-
cated in Italy or abroad. tion of the type of defect found.
The offer, its acceptance and the order confirmation are subject to Claims received after the reasonable term of 8 days will not be
the present sales conditions. considered valid.
It is excluded the applicability of any condition complementary In case of sale to customers whose registered office or main dom-
or different from the ones included in offer, acceptance or other icile is not located in Italy the terms as above are extended to 15
declaration given by the customer who gives up his own general days.
purchase conditions considered individually or in the main.
9. DECLARATIONS OF THE SELLER. Eurotis SRL declares that its
2. ORDERS. All the orders are intended to be taken as bookings products have characteristics appropriate for the use they are in-
without any commitment by Eurotis SRL. tended for, that are conform to the given descriptions and that
In any case will not be dispached orders not issued in written have the requested qualities described in the Catalogue and in the
form. Price List already in hand of the customer.
In case after verification carried on by Eurotis SRL is determined
3. PRICES. The prices applied by Eurotis SRL are expressed only in the existance of a defect in the goods attributable to Eurotis SRL
Euro, non including VAT, package costs, freight charges, insurance on the basis of the presend sales conditions and this same defect
and, where needed, custom taxes. Those are to be intended all at is make known to Eurotis SRL within the terms as per previous
customer’s expenses. point no. 8, Eurotis SRL has the right to make a replacement or
The prices are intended as agreed upon the terms and conditions repair supply without any additional burden.
of the Price List of Eurotis SRL effective at the moment of the de- In case Eurotis SRL would not want to remove the defect or make
livery. The prices, with prior written notice given by Eurotis SRL, a replacement supply, the customer might ask, once in vain
may change in consideration of the variation of the raw material passed the 30 days term from the reception of the communica-
costs, of the production costs and tax rates. tion as per previous point no. 8, the reduction of the prices or the
resolution of the contract.
4. SHIPMENT AND DELIVERY TERMS. With exception of different In any case the guarantee is completely acquitted with the repair
and specific written agreement, the delivery of the goods to the or the free of charge supply made by Eurotis SRL for the same
customer is intended as done with the set up of the carrier for the quantity of goods claimed and found defected.
departure at Eurotis SRL warehouse (EXW) and with no duty to
load it on the mean of transport. 10. USE OF THE PRODUCT AND EXCLUSION OF RESPONSIBILI-
The goods are always shipped on behalf of the customer and at TY. It is excluded any reponsability of Eurotis SRL even for possi-
his own risk. The delivery terms, even if approved by Eurotis SRL ble damages claimed by third parties, for the use that the custom-
are always intended as purely suggestive and never essential. The er does of the sold goods when this happens without the respect
customer authorizes Eurotis SRL to draw up the transport contract of the related assembly system, of the indicated components and
for the delivery of the goods to the customer himself, with the of the directives of technical specifications given by Eurotis SRL
charge of the related costs to the customer and at his own risk. and also of the international and national normatives.
5. RETENTION TITLE. The transfer of the property of the goods The possible costs of translation in the adopted languages in the
to the customer will happen, with all the subsequential effects, at territories of use of the products of Eurotis SRL that might be nec-
the full payment of the price. Up to that moment there will be, on essary afford are at the customer own expenses.
the goods, the retention of title in favour of Eurotis SRL. Therefore It is excluded any responsibility of Eurotis SRL for the missed re-
the customer is only depositary of the goods and is binded not spect of this commitment of guarantee from the customer.
to even transfer the detention and to make known to the bailiff in
case the same would be subjected to conservative or executive 11. FORCE MAJEURE. Eurotis SRL will have, in any case, the fac-
acts. ulty of resolution of the contract for force majeure causes and in
general for physical or political events, strikes, accidents of bio-
6. PAYMENT. The conditions, terms and payment modalities logical, phisical or chemical nature beyond Eurotis SRL control.
agreed are to be considered binding.
The possible acceptance of payments made in a different way 12. JURISDICTION AND APPLICABLE REGULATION. Any contro-
from the ones as above, will be considered as only tolerated by versy may arise between the parties in the interpretation and ex-
Eurotis SRL and will not imply the giving up of the matured inter- ecution of the
ests that will therefore remain as due to the customer. contractual relationship will be submitted to the exclusive juris-
The payments are due in the agreed terms also in case of delay in diction of the Court of Milan. In case of sale to customers whose
the arrival of the goods, of breakdowns or of total or parial losses registered office
happened during the transport, and also in case the goods made and main domicile are not located in Italy is appliable the regula-
available for the customer in Eurotis SRL warehouse would not be tion of the Convention of the United Nations on the Contracts of
collected from the customer himself. International Trade, adopted in Wien on the 11th April 1980 and for
The failure to pay within the agreed terms will cause the debit to what non included in it, the Italian law.
the customer of the interest to be calculated on the interest rate The application of the mentione Convention is excluded in case
applied by the European Central Bank to its main operations of of sale to customers whose registered office and main domicile
refunding increased of the 7%. are located in Italy.
Except from different written indications, the payment of the In case the customer would be also final user, in observance of
goods will have to be issued to the registered office of Eurotis the art. 1469bis c.c. and of the dispositions in the area of use, the
SRL. dispositions of the civil process law are applicable.
7. SUSPENSION AND RESOLUTION. In case of missed compli-
ance of the customer even in one of the agreed sales conditions
or in case of variations of any kind in the firm name, in the con-
stitution or in the commercial capacity of the same (here included
the winding up) and also in case of observed difficulties of the
customer in the payments and also towards third parties, Eurotis
SRL may suspend further deliveries.

116 Condizioni generali di vendita - General sales condition