GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale set out below shall uniformly regulate the relationships between the Seller MACH-TRADE S.R.L - and the Buyer regarding the supply of machineries, parts and accessories (even if separately sold ) from the Seller.
Accessories are never supplied together with the sold goods nor included in the price though a contrary written agreement between the parties shall be allowed.
The setting and alignment of the sold goods at the buyers' site, including the assembling and the electric power connection as well as every other accessory operation necessary for the start up or testing phase is excluded from this contract object, though a contrary written agreement between the parties shall be allowed.
The seller shall be tied only to those conditions undersigned by legally authorized individuals endowed with necessary representation power while it is the buyers duty to verify the existence of valid powers of representation of the people he deals with.
Opinions and engagement expressed from the employees, representatives, travellers or other collaborators of the seller, as the release of sketches, illustrations and similar, shall be considered as simple non binding informations.
The seller is not responsible for the adaptability of the machines, accessories or sold parts to the special manufacturing processes to which the buyer intends to use them.
The data and the characteristics described in the catalogues, lists and in the advertising material of the seller shall be considered as simple non binding informations
Rescission of the seller from the contract The seller is allowed to recede from any order even if confirmed, within 30 days from the date of said confirmation by registered letter.
The buyer is allowed to demand the restitution of a possibly done advance payment deposit connected with the explicit renouncement to every further claim especially damage compensation.
Retention of Title The machines, parts and accessories supplied, shall remain in the property of the Seller until the date of the full payment by the Buyer of the entire price of the Products and of all amounts due to the Seller.
The buyer shall inform the seller where the goods are stored. For the lack of said information the seller is allowed to suspend the contract.
- (Obligation) until the date of full payment of the entire price, the buyer is constrained not to move the machine from the place indicated in the previous article if not formally allowed by the seller through a written act. If this essential duty is not observed by the buyer it causes the resolution of the contract.
- (Delivery) The delivery of the goods is ex works from the sellerís firm. The transport of the goods is at the buyers peril.
- (Transport) Any costs arising from the transport including the insurance coverage shall be at the expense of the Buyer,though a contrary written agreement between the parties shall be allowed.
(Eviction) It shall be excluded any warranty of the seller regarding the eviction of the sold goods, except what the art. 1487, last paragraph C.C. Of Italian Civil Law Book establishes.
(Defects) The warranty which regards brand new good covers only and exactly the warranty described in the booklet assigned by the seller.
Used goods are sold in the state of fact they were during sale and and bought as seen. Therefore every warranty on used machines shall be excluded, except in case of contrary written agreement of the parties. The buyer shall inform the seller by registered letter about defects within three days from their discovery. The date of the delivery is considered the date of the defect's discovery if the defect is obvious.
(Damages) the warranty shall not be valid for the functioning of the goods, a contrary written agreement between the parties shall be allowed.
The buyer shall report to the seller any damage within 3 days from the discovery by registered letter, otherwise he looses the right of assertion of claims. In any case an assertion of claims shall be prescribed within six months from a damage discovery.
- (Extinction of warranty). The given warranty expires on the established date, the warranty shall expire before that date if the goods or parts of them are altered, modified or repaired by the buyer or his appointees without a written authorization of the seller. The buyer shall never have the right to demand the refund of expenses preventively sustained for reparations not authorized by the seller.
- (Warranty Limits) The warranty shall not be valid if a defect, damage or not conformity will prove to be depending on not correct or on not suitable applications of the product because of bad maintenance, negligence or malice aforethought or because of consumption.
In case of conflict arising on the cause of the defects or damages, the parts will appeal to the mere will of the technician of the manufacturing company ex 1349 Cod. Civ., Italian Civil Law Book.
Warranty The buyer's default with his payments allows the suspension of the warranty services by the seller. The suspension of the services does not suspend the term of the warranties end.
Any report of damage during a payment default of the buyer shall not be considered.
The seller shall be free to opt for the rescission from the contract or for the remedy of the found damage or its reparation. In case of rescission from the contract, the buyer will subordinately have the right to the restitution of the payments done after the restitution of the good.
In case of repair, the costs will be at the sellerís expense. In every case, the buyer cannot claim any compensation for the damage of the good. Particularly, as an example, the refund of the costs for production down-times, the damages to the production, the damages to the business image, the damages from missed profit, etc.
- (Accessory operations on the goods) If the seller contractually obligates himself to do the machine's assembling and the connected operations for the start up, the buyer takes the goods in deposit until the very end of the assembling operation. The buyer shall not be allowed to use the goods in deposit. The violation of this interdiction constitutes cause of resolution of the contract for guilt of the buyer.
- (The buyer's rescission) The terms fixed by the seller shall be intended as approximate and shall not be essential parts of the contractual goals. In case of delay, the buyer is allowed to establish for the seller a term to accomplish not inferior to one month, to be communicated by registered letter. Where the Seller does not accomplish its contractual duties within the fixed date by the buyer, he can recede from the contract, excluded in every case the resolution for guilt of the Seller. In case of recess of the buyer, he can ask the restitution of the advanced payment deposit, excluding any claim of reimbursement of any damage.
- (Instalments) Missed payments due from the buyer of one or more instalments amounting to an eighth or more of the total price provoke the loss of the possibility of paying by instalments, starting from the following instalment, which means, the buyer is forced to pay the remaining price in full.
The seller shall be free to resolve the contract for buyers guilt.
- (Resolution of contract) In the case of resolution of the contract for guilt of the buyer the received instalments shall remain as a compensation to the seller, aside however to reimbursement for further damages.
- (Renunciation) The buyer shall not be allowed to submit any demand to court in case he is in default of payment.
- (Expenses) The buyer shall bear the expenses for the present General terms and conditions of sale agreement.
- (Place of jurisdiction) Any dispute arising between the parties in connection with the interpretation, validity or performance of the present General Terms and Conditions of Sale and of all the relevant agreements, shall be of the exclusive competence of the referred to the Court of Vicenza - branch of Bassano del Grappa.
(Delay) For all issues which are not treated sufficiently in the present agreement it shall be applied the Italian Civil Law Book.