- GENERAL PROVISIONS
1.1 These General Conditions have been prepared to be applied to the sales contracts of Edilizia Servizi S.r.l., except for any exceptions agreed in writing by the contractors.
1.2 Any exceptions or additional conditions will be valid only if agreed in writing.
1.3 In compliance with the provisions on the protection of personal data, CPR Giunti S.r.l informs the Purchaser that the personal data collected will be kept and used solely for the purposes of the contracts stipulated, the commitments connected therein and the conclusion of future business, in accordance with ‘information pursuant to and by effect of art. 13 of EU regulation 2016/679, published on the contact page https://cprgiunti.com/it/contatti
- CHARACTERISTICS OF THE PRODUCTS
2.1 All the characteristics and technical data of the products (technical data sheets, including assembly instructions) are subject to the control plan provided for by the internal Quality System of Edilizia Servizi S.r.l.
2.2 The Seller reserves the right to make changes to the Products, as well as to their packaging, which, without altering their essential characteristics, should prove necessary or appropriate, without any prior notice.
- TERMS OF DELIVERY
3.1 Any delivery dates indicated by the Seller will be considered indicative only, unless the Seller specifically undertakes in writing.
3.2 By submitting an order, the Buyer accepts that delivery times are not an essential element and waives any request for compensation for delays in delivery or cancellation of the order.
- SHIPPING – PACKAGING
4.1 Unless otherwise agreed, the sale is understood to be made FCA-FREE CARRIER (Incoterms® in force), Via Ferrari n.7, int. 122, 41043 Formigine (Modena), Italy and this occurs even when it is agreed that the shipment or part of it is taken care of by the Seller.
4.2 Unless the seller expressly agrees to different conditions in writing
(i) the risk of loss or damage to the Products will be transferred to the Buyer when the Seller delivers the Products properly packaged for transport to a carrier,
(ii) the Seller will not be required to take out insurance covering the Products shipped,
(iii) any provisions adopted by the Seller, at the request of the Buyer, with the carriers or shippers regarding the shipment, will be implemented exclusively on behalf of the Buyer and exclusively at the expense and risk of the latter;
(iv) any forwarder in charge of this shipment will be considered the only person in charge of the Purchaser in all respects.
4.3. Standard packaging is understood to be included in the sale price. The special and / or fumigated packaging will be provided only by prior written agreement, including by exchange of emails, between the Seller and the Buyer. In the absence of this agreement, the Seller will deliver the goods to the Carrier in standard packaging.
- COMPLAINTS – RETURNS
5.1 Any complaints relating to the state of the packaging, quantity, number or external characteristics of the Products must – under penalty of forfeiture – be immediately challenged to the carrier in the transport document and then promptly notified to the Seller by registered letter with return receipt. o PEC message, again under penalty of forfeiture, within eight days from the date of receipt of the Products.
5.2 Any complaints relating to defects that cannot be identified through a diligent check upon receipt (hidden defects), must be notified to the Seller by means of a letter A.R. o PEC message, under penalty of forfeiture, within eight days from the date of discovery of the defect and in any case no later than twelve months from delivery.
5.3 In any case, any complaints subsequent to installation will not give the right to any compensation. Without prejudice to the possibility of obtaining the replacement of the product upon written agreement, again by exchanging e-mails, between the Seller and the Buyer.
5.4. It is understood that any complaints or disputes will not entitle the Buyer to suspend or otherwise delay payments for the disputed Products, nor, much less, for other supplies.
5.5. The return of the products will take place exclusively upon written agreement, also by exchange of e-mails, between the Seller and the Buyer, who will bear all the charges and costs thereof. In the absence of such written agreement, the seller will be entitled to refuse the delivery of returns.
- PRICES AND TERMS OF PAYMENT
6.1 Unless otherwise agreed, the prices are intended for packaged products, FCA (FREE CARRIER) (Incoterms® in force), in Via Ferrari n.7, int. 122, 41043 Formigine (Modena), Italy, it being understood that any other expense or burden will be borne by the Buyer.
6.2 Unless otherwise agreed, the Seller’s list price – VAT will apply. excluded – in force and from the date of conclusion of the contract and payment will be due upon receipt of the Seller’s invoice.
6.3 Payment must be made in accordance with the conditions set out in the order confirmation and / or invoice.
6.4 In the event of late payment, the Seller will have the right to suspend deliveries and may, at its discretion, terminate the contract.
6.5 The Buyer will then be required to pay the Seller the default interest from the moment in which the payment should have taken place, regardless of the formal notice, to the extent indicated pursuant to and for the purposes of art. 1284 of the Italian Civil Code.
- RESERVE OF OWNERSHIP
7.1. The Products supplied will remain the property of the Seller until full payment is received by the latter.
7.2. The Buyer is required to cooperate with the Seller in the measures that the latter intends to take to protect his right on the Products supplied. If and when third parties intend to establish or assert a right on the Products in question, the Buyer must promptly notify the Seller, under penalty of compensation for damages that the Buyer suffered from the same or from the latter’s customers.
- WARRANTY FOR DEFECTS
8.1. No guarantee will be given for products installed in a manner different from the assembly instructions contained in the technical data sheet, provided by the Seller, assuming in this case the sole fault of the Buyer.
8.2. In any case, any complaints subsequent to installation will not give the right to any compensation. Without prejudice to the possibility of obtaining the replacement of the product upon written agreement, again by exchanging e-mails, between the Seller and the Buyer.
8.3. Always subject to the provisions of paragraphs 8.1. and 8.2., the Seller undertakes to remedy any defect, lack of quality or lack of conformity of the Products attributable to him, which occurred within twelve months of delivery of the Products, provided that they have been promptly notified in accordance with art. . 5 and their existence has been ascertained by the same Seller.
8.4 Except in the case of willful misconduct or gross negligence, the Seller, in the event of defects, lack of quality or lack of conformity of the Products, may choose whether to repair or replace the Products or refund the price paid for the defective Products. It is understood that the aforementioned guarantee includes and replaces the guarantees or responsibilities provided for by law, and excludes any other liability of the Seller in any case originating from the Products supplied (e.g. compensation for damage, loss of earnings, collection campaigns, etc.). Products replaced or repaired under warranty will be subject to the same twelve-month warranty, from the date of replacement or repair.
8.5 No Product may be returned by the Buyer without prior written authorization from the Seller.
8.6 The Seller guarantees the compliance of the Products with particular specifications or technical characteristics or their suitability for particular uses and / or uses only to the extent that such characteristics have been expressly agreed in writing.
8.7 The Seller will not be held responsible for damages that the Buyer, or third parties who are in title by the latter, claim to have suffered from the use of the Products if it is ascertained that the damage does not depend on the quality or intrinsic characteristics of the Product, but from the choice of use made by the Buyer.
8.8 The Buyer will forfeit the warranty if he uses the Products in a way that does not comply with the Seller’s instructions. The Purchaser will also forfeit the warranty if he autonomously proceeds, without the authorization and / or control of the Seller, to disassemble, modify or attempt to repair the Products.
8.9. No guarantee will be recognized in favor of the Buyer in the event of the sale of non-standard products, therefore in the case of products made on specific request of the Buyer.
8.10. Likewise, no guarantee will be recognized to the Buyer in the event of the sale of products made by third parties and only marketed by Edilizia Servizi S.r.l. . In this case, the Buyer will enforce the guarantee against the Manufacturer.
- APPLICABLE LAW AND JURISDICTION
9.1 Any matter relating to this contract that is not expressly or implicitly resolved by these general conditions or by any specific conditions agreed between the parties is governed by the United Nations Convention on the International Sale of Goods (Vienna Convention of 1980) and for matters not covered by this convention by Italian law.
9.2 Any dispute deriving from this contract or connected to it or in relation to the Products will be exclusively submitted to the judgment of the Court of Modena. However – notwithstanding the foregoing – the Seller reserves the right to bring the dispute to the competent Judge at the Buyer’s headquarters.
- FINAL CLAUSES
Any partial or total invalidity of a clause of these general conditions of sale will not result in the invalidity respectively of the entire clause or of the same General Conditions of Sale.