General Conditions of Sale
San Giovanni Lupatoto, Verona, Italy, 22 September 2016
CONTENTS
- General
- Orders
- Prices
- Packaging
- Transport
- Payments
- Guarantee
- Returns of material
- Responsibility
- Jurisdiction
- Guarantee Terms
1 – General
These general conditions of sale regulate the contractual relations between Exor International S.p.A. and the Customer, except for what is specifically established in special agreements between the parties.
The agreements must be authorised by a legal representative, prepared and signed – also digitally – on Exor International S.p.A. headed paper. That provision is solely to the benefit of Exor International S.p.A.. The latter may autonomously and unquestionably decide not to use it.
On assigning the order, the Customer fully accepts these general conditions of sale which become binding for the parties.
The agreements must be authorised by a legal representative, prepared and signed – also digitally – on Exor International S.p.A. headed paper. That provision is solely to the benefit of Exor International S.p.A.. The latter may autonomously and unquestionably decide not to use it.
On assigning the order, the Customer fully accepts these general conditions of sale which become binding for the parties.
2 – Orders
The purchase order is irrevocable and binding for the Customer.
Exor International S.p.A. reserves the right to accept the order or not.
Each order must be received in a written document and can only be cancelled within 8 hours of receipt, at no expense for the Customer, for the standard products in the price lists. Orders for special materials or for items not present in the price list may not be cancelled.
Withdrawing from orders for standard materials within 5 days of receipt will be invoiced at 30% of the total value, whereas they will be invoiced at 50% from the sixth day till delivery to cover overheads, logistics and production programs.
Minimum amount billable: € 150.
Exor International S.p.A. reserves the right to accept the order or not.
Each order must be received in a written document and can only be cancelled within 8 hours of receipt, at no expense for the Customer, for the standard products in the price lists. Orders for special materials or for items not present in the price list may not be cancelled.
Withdrawing from orders for standard materials within 5 days of receipt will be invoiced at 30% of the total value, whereas they will be invoiced at 50% from the sixth day till delivery to cover overheads, logistics and production programs.
Minimum amount billable: € 150.
3 – Prices
Prices indicated are net of VAT which will be applied at the rate in force at the billing date.
Price lists are intended for goods delivered ex our warehouse in San Giovanni Lupatoto (VR).
Price lists are intended for goods delivered ex our warehouse in San Giovanni Lupatoto (VR).
4 – Packaging
The goods are all delivered in standard carton packaging.
All supplementary accessories, for example specific pallets or wooden crates must be returned within times and using methods agreed and, unless specified otherwise, will be charged to the Customer once 30 days from delivery have gone by.
All supplementary accessories, for example specific pallets or wooden crates must be returned within times and using methods agreed and, unless specified otherwise, will be charged to the Customer once 30 days from delivery have gone by.
5 – Transport
Products will be delivered at the transport conditions and cost established in the offer. Unless a different delivery service should be required and agreed by the Customer with our sales office.
The goods will travel at the Customer’s risk even if sold carriage paid.
When goods are delivered to the shipper all risks are transferred to the Customer and Exor International S.p.A. will be relieved of all responsibility even for damage, theft or vandalism occurring during transport.
The Customer is obliged to examine the goods received at the time of delivery, immediately declaring any suitable written reserves or not hiding the damage on packaging in the bill to the shipper. Otherwise, any product flaws or defects must be reported within 8 calendar days.
There will be no follow-up to claims without prior immediate complaint after discussion with the shipper.
If the Customer should not make the aforementioned notification, the products will be definitely accepted and compliant with what was established in the sales contract.
The delivery terms are to be considered indicative, referred to the time of delivery to the shipper and do not imply any binding commitment for Exor International S.p.A..
No event or non compliance with delivery terms by Exor International S.p.A. on any grounds may legitimise cancelling the order or claims for compensation from Exor International S.p.A.
The goods will travel at the Customer’s risk even if sold carriage paid.
When goods are delivered to the shipper all risks are transferred to the Customer and Exor International S.p.A. will be relieved of all responsibility even for damage, theft or vandalism occurring during transport.
The Customer is obliged to examine the goods received at the time of delivery, immediately declaring any suitable written reserves or not hiding the damage on packaging in the bill to the shipper. Otherwise, any product flaws or defects must be reported within 8 calendar days.
There will be no follow-up to claims without prior immediate complaint after discussion with the shipper.
If the Customer should not make the aforementioned notification, the products will be definitely accepted and compliant with what was established in the sales contract.
The delivery terms are to be considered indicative, referred to the time of delivery to the shipper and do not imply any binding commitment for Exor International S.p.A..
No event or non compliance with delivery terms by Exor International S.p.A. on any grounds may legitimise cancelling the order or claims for compensation from Exor International S.p.A.
6 – Payments
All payments shall be made to Exor International S.p.A. by the terms stated in the invoice, without the Customer being able to demand any compensation, deduction or counter claim.
If payments should not be made within times agreed, Exor International S.p.A. reserves the right to apply default interest at the “Prime Rate” published in “Il sole 24 ore” on the billing date, increased by two points. In that case, all credits owed by the Customer to Exor International S.p.A.at that moment, even referred to other supplies, will become collectable in full immediately, as any extended payments granted by Exor International S.p.A.shall be considered revoked.
If payments should not be made within times agreed, Exor International S.p.A. reserves the right to apply default interest at the “Prime Rate” published in “Il sole 24 ore” on the billing date, increased by two points. In that case, all credits owed by the Customer to Exor International S.p.A.at that moment, even referred to other supplies, will become collectable in full immediately, as any extended payments granted by Exor International S.p.A.shall be considered revoked.
7 – Guarantee
The guarantee is established as twelve months from the date of delivery, except for specific products whose details will be highlighted in the offer made to the customer.
More details can be found in the annex Guarantee Terms.
More details can be found in the annex Guarantee Terms.
8 – Returns of material
Returns of special or off-price list materials are not accepted.
Returns of standard material that have not been authorised by our sales offices are not accepted.
Material returns, authorised by our sales office in writing, must be addressed to our warehouse, with transport at the customer’s expense, unless specifically agreed otherwise.
Material returns must be complete with the original Exor International S.p.A. packaging.
Standard material will be charged a 20% flat rate fee for control, handling and administrative expenses if fully intact and complete with the original packaging.
Returns of standard material that have not been authorised by our sales offices are not accepted.
Material returns, authorised by our sales office in writing, must be addressed to our warehouse, with transport at the customer’s expense, unless specifically agreed otherwise.
Material returns must be complete with the original Exor International S.p.A. packaging.
Standard material will be charged a 20% flat rate fee for control, handling and administrative expenses if fully intact and complete with the original packaging.
Exor International S.p.A. responsibility is limited solely to any direct damages and may in no way exceed the amount paid to Exor International S.p.A. for the product supplied.
In no way may Exor International S.p.A. be deemed responsible for any indirect damages, including lack of earnings, or for any other damage of any kind for any right or title and on any grounds.
In no way may Exor International S.p.A. be deemed responsible for any indirect damages, including lack of earnings, or for any other damage of any kind for any right or title and on any grounds.
10 – Jurisdiction
Verona court of law shall have sole jurisdiction for any dispute related to the supply contract between Exor International S.p.A. and the Customer.
11 – Terms of Guarantee
As long as the product supplied has been assembled, positioned, used and maintained as indicated by Exor International S.p.A. in its assembly instructions and manuals, Exor International issues a 12 months “guarantee” to its customers (unless agreed otherwise by the parties) starting from the date of delivery for the entire range of Exor International S.p.A products.
The guarantee is intended as ex our San Giovanni Lupatoto (VR) registered office.
If any malfunctioning should occur to the product in the 12 months guarantee period from the delivery date (authenticated by the Transport Document), Exor International S.p.A. will take action at its discretion through a phone service or by replacing the defective equipment or by another suitable measure. Exor International S.p.A. will avail itself of the right to supply the spare parts needed to solve the problem.
Subject to the fact that the malfunctioning took place during correct, suitable use of the product purchased, the guarantee includes:
- any replacement of the defective equipment
- sending spare parts (the spare parts supplied free of charge are original, functioning spare parts. The defective parts replaced will be collected by Exor International unless agreed otherwise)
All the additional expenses (transport, labour, other costs not indicated therein) shall be considered as at the customer’s expense based on the official Exor International S.p.A. price list.
The assumptions for providing the guarantee are as follows:
- the equipment in question can be clearly identified by its serial number.
- any external causes are excluded; for example: fire, vandalism, unauthorised intervention, high temperatures, etc. or normal wear.
- the equipment was examined solely by authorised Exor International S.p.A. personnel.
- the equipment was installed and is used solely as indicated in the assembly instructions.
- installation, service, repairs and maintenance take place in compliance with data indicated by Exor International S.p.A.
In detail this means:
- installation, construction and assembly comply with use and assembly instructions by qualified personnel.
- Repairs under guarantee are performed solely by Exor International S.p.A. personnel or service partners.
- the device in question is connected solely to compatible products.
- the damage was not caused by unauthorised personnel.
The guarantee conditions do not foresee:
- measures taken by the customer or third parties to resolve malfunctioning, service errors, improper treatment or inadequate technical actions.
- expenses for spare parts subject to wear, consumable and data support material.
- repairs of accessories, changes, installation of other devices.
- electrical intervention not included in the products.
- maintenance done in environmental conditions that are not contemplated in the documents provided.
Based on that guarantee, the operational anomalies must be reported to Exor International S.p.A. in writing within 8 (eight) days from the failure occurring.
The guarantee lapses if all payments due have not been settled by the customer.
All guarantees required by law remain valid.
