These general conditions apply to all Invernizzi spa sales and shall prevail over any other agreement or understanding between the parties, whether tacit or express, except for those exceptions which shall be agreed to in writing by the parties.
All orders received by us are subject to our written or phone acceptance. Subsequent changes to orders have to be accepted by us clearly. Orders, which are not clearly accepted, can be cancelled without penalties and whenever we want. Orders in the confirmation have to be intended as irrevocable.
Delivery and conditions of delivery
Except different indication, delivery terms are concerned to INCOTERMS 2000. Delivery terms written on contacts are indicative. Nevertheless, if we expect not to respect the indicated date, we’ll advise immediately the buyer. The parties agree at the time of the order that any delay due to unpredictable events beyond the producer’s control (read point 6 “Force majeure”) or to the buyer’s acts or omissions shall generate any refund requests or claims for damages or loss of profit from either the buyer either any of his customers or business partners.
Except different agreement, the goods are sold EXW our mill in Solarolo Rainerio (CR) Italy and this is also when we agreed with the buyer to organize the freight (even only a part of it) on his behalf . Anyway, the risk pass to the carrier with the delivery to him.
Property and risks
The property of the goods will be of the buyer when he pays the due amount.
We won’t be responsible for delays in the delivery or failure in the delivery, for damages or losses or for other breaches which are not due to us or which are due to “force majeure” (unforeseeable events beyond our control, such as strikes, boycotts, lock-outs, fires, war, either declared or not, civil war, riots, revolutions, requisitions, embargo energy black-outs, out of order machineries, delay in delivery of components or commodities or either for the upsurge technical impossibility either for a sudden evidenced raise in the costs of production factors following to the order’s confirmation issuing either for a clear mistake in typing numbers or values in our offer or order confirmation). It’s understood that if one of the a.m. condition occurs, it shall be told to the Buyer.
Payments must be done in the agreed terms which are also indicated on the invoice.. Payments are to be made according the way and through the bank indicated in the invoice. Bank charges and interests due to delays in payment are to be borne by the Buyer.. All bank charges outside Italy are to be borne by the Buyer.
We guarantee the conformity of the goods to our production standards (or to agreed standards). No other implicit or explicit guarantee is given concerning our products.
Limitations of responsibility
Our responsibility for losses or damages occurred to the Buyer due to defective goods, or for any other reason which gives rise to our responsibility, is limited to the reimbursement of the purchase price of the defective merchandise plus the freight cost paid by the Buyer and do not include any other liability. We hereby reserve the right to replace the defective merchandise at our expense. We shall sustain the freight costs only if we ask for the return of the defective goods.
Any shortage in the goods or any obvious damage occurred to the merchandise or any other recognizable must be noted on the document of transport and the claim must be made in writing within 8 days from delivery. Any other claim shall be made in writing within 8 days from the discovery of the defect or from the occurrence of the event on which the claim is based and in any case not later than 15 days from the delivery. Claims which are not made in writing to the Seller or which are made after the a.m. terms shall not be accepted.
Governing law and language
This Agreement is governed for all purposes by Italian Law. In the case of controversy on the interpretation and application of these standards (and of any other document of Invernizzi spa) will prevail those written in Italian language.
All controversies arising from this Agreement are to be submitted only to the Courts of Cremona (Italy).
The above indicated selling conditions are deemed to be read and accepted , unless written communication of the Buyer within 2 days from the receipt of our (or of the Agent on our behalf) order confirmation.