Validity

These general conditions apply to all our sales and shall prevail over any other understanding or agreement, tacit or express, between the parties, unless derogations have been established by mutual agreement and in writing

Acceptance

Orders sent are subject to our written or telephone acceptance. Modifications to orders must be expressly accepted by us. Orders, if not expressly accepted by us, may be withdrawn without penalty and at any time. Orders contained in the order confirmation/proposal must be considered irrevocable.

Delivery and delivery terms

Unless otherwise indicated, delivery terms refer to INCOTERMS 2000 ICC.
Delivery terms possibly appearing in contractual documents must be considered purely indicative. However, should we foresee that we will not be able to deliver the products on the indicated date, we will notify the purchaser. Any delay due to force majeure (art. 6) or to acts or omissions of the purchaser is not considered attributable to us.

Shipment

Unless otherwise agreed, the supply of goods must be considered ex works, even when it has been agreed that shipment or part of it will be handled by us. In any case, whatever the delivery terms agreed by the parties, risks pass to the carrier upon delivery.

Ownership and risks

Ownership of the goods sold will transfer to the purchaser upon payment of the price in full.

Force majeure

We shall not be liable for delays in delivery or for non-delivery, damages or losses or for any non-performance due to causes not attributable to us or to force majeure (unforeseeable impediments independent of our will such as e.g. strike, boycott, lockout, fire, war (declared or not) civil war, riots, revolutions, requisitions, embargo, power interruptions, plant failures, delays in delivery of components or raw materials) or for supervening technical impossibility or for sudden and demonstrable increase in production factor costs subsequent to price confirmation or for obvious loading or typing error in the preparation of the offer or order confirmation. It is understood that the occurrence of a circumstance as above must be communicated to the purchaser.

Warranty

We guarantee the conformity of the goods sold to our production standards (or expressly agreed contractually). No other implicit or explicit warranty is provided in relation to our products sold.

Limits of liability

Our liability for losses or damages suffered by the purchaser due to defects in the goods, or for any other cause giving rise to our liability, shall be limited to reimbursement of the purchase price of the defective goods plus transport costs paid by the purchaser, excluding any other compensation. We reserve the right to replace, at no additional cost to the purchaser, the defective goods. Shipping costs will be borne by us only if we have requested the return of the goods.

Complaints

Any shortage in the goods or evident damage suffered by them or other recognizable defect must be recorded strictly by noting the observations on the transport document and the related complaint must be made in writing within 8 days of delivery. In the absence of notation on the transport document, the complaint will not be accepted. Any other complaint must be made in writing within 8 days of discovery of the defect or of the occurrence of the event on which the complaint is based and in any case no later than 15 days from delivery. Complaints not addressed in writing to the seller or made after the expiry of the terms indicated above will not be accepted.

Governing law and language

Our contracts are governed for all purposes by Italian law. In case of disputes regarding the interpretation and application of these provisions (and of any other company document), those written in Italian shall prevail.

Competent court

For any dispute relating to the supply, the court of Cremona shall have jurisdiction.