All supplies and services therewith are made exclusively on the basis of supply and payment. The sales conditions also apply to all future transactions. Differing or contrary orders or conditions from the buyer will not be accepted, even if they do not alter the original order. Any deviation from these delivery and payment terms require the express written approval of the Seller.
1. For all orders the applicable contracted prices are to be used. If the seller in the period between contract and delivery revises the prices for the products to be delivered, the seller is entitled to apply the delivery day prices or payment terms. In the event of a price increase, the purchaser is entitled to withdraw within 14 days of notification of the price increase from the contracted prices.
2. The quantities produced can differ by up to 15% +/- of the requested order amount and will be delivered in full. The delivery is sent accordance with the agreed terms in the contract trade clause. At the conclusion of the contract be prepared for their interpretation INCOTERMS to be applied.
3. The invoices of the vendor are payable 30 days after the invoice date, unless special conditions have been agreed. The payment shall not be deemed to have occurred if the seller cannot fulfill the full amount.
4. Failure to pay the purchase price when due constitutes a breach of contractual obligations. In the case of defects or other complaints, the buyer may withhold relevant payments only.
5. If the Purchaser is in arrears the seller is entitled to charge interest at the applicable base rate of the European Central Bank plus 7%.
6. Were there are defective goods and were there has been a full investigation, please notify the seller within 5 days of receipt of said goods in writing, stating the nature and extent of the defects.
7. If the buyer should have received defective goods and has duly notified the Seller in accordance with item 6, the seller initially has the right to a choice of either the defect or supply Buyer defective merchandise. If subsequent deliveries also fail, the buyer may either withdraw from the contract or demand a reduction of the purchase price.
8. In order to eliminate defects, the buyer shall grant the seller the necessary time and opportunity, at their own discretion, to implement changes so as to not have the defects occur. If this is refused, the seller is exempt from liability.
9. Warranty claims against the seller are applicable only to the direct purchaser and are not transferable.
10. The delivered goods until full payment of the purchase price and repayment of all claims from the business relationship, including ancillary claims and claims for damages, remain the seller’s property (reserved goods).
11. There is no obligation for the seller as manufacture for the processing or transformation. In connection of the ownership of the seller of the goods , it is hereby agreed that the ownership a proportional value of the goods in a uniform order passes to the other items of the seller. The buyer keeps the co-ownership of the seller’s products free of charge.
12. The buyer is entitled to process the reserved goods for re-sale in the ordinary course of business. The sale of the reserved goods is returned in full to the seller, even in as far as the goods are processed. Pledges or collateral assignments are inadmissible. Of any seizure of the seller stating the pledge must be notified immediately.
13. The buyer may, as long as he fulfills his payment obligations towards the seller, move until further notice, the receivable amounts. With a suspension of payments, the filing or opening of bankruptcy, judicial or extrajudicial composition proceedings or effected seizure, the right to resell or process the reserved goods and to collect the receivable items expires.
14. A possible return of goods in contradiction of contract (especially with the delay of payment) is always a precautionary measure only. Even if subsequently partial payments are made, there can be no withdrawal from the contract.
15. The seller is liable in principle for damages under statutory provisions. In the case of a simple negligent breach of contract, the liability of the seller, however, is limited to compensation for typical, foreseeable losses in the case of a negligent violation. The seller is excluded liability from non essential contractual obligations.
16. All events and circumstances which prevent or impede the manufacturing or shipping, such as force majeure, war, strikes, raw material and energy shortage, traffic and operational disruptions, remove the vendor for the duration of the disruption and the extent of its impact from their contractual obligations. If these circumstances last longer than one month, the seller same as the buyer may withdraw from the contract.
17. Italian Law will take precedent on any substantiated claims. Performance and jurisdiction for both parties is Latsch (Bolzano).
18. Should any of the aforementioned provisions be wholly or partly ineffective, the validity of the remaining provisions or contractual agreements will not be affected.