The ComInTec Srl General Partnership saves herself to change at any moment her quotations (even if they are confirmed) if it would be necessary in consequence of changing market and production situations or because of miscalculations/spelling mistakes. Prices make reference to goods returned ex our warehouse, unless different in writing settlements.
Any purchase order is valid if we confirm it in writing. For each order we confirm are valid the terms here stated. The supply includes only the performances specified in the document above-mentioned. The packages are invoiced at the actual cost.
TERMS OF DELIVERY:
The non-delivery for Act of God or contingent delays for any reason, as regards the date fixed by our offer or confirmation, don’t cause our responsibility for direct or consequential damages.
CONSIGNMENT AND CARRIAGE:
Goods are always sent on principal’s behalf and at principal’s risk, even if dispatched free destination. In the occurrence of insurances, they will be charged to the client and they have to be explicitly requested in the purchase order. In default of indications, the consignments will be made with the means that we consider the most suitable, but we have no responsibility with regard to this choice.
Payments have to be made at our place of business within the terms specified on the invoice. The promissory notes acceptance and the issue of bills of exchange don’t cause derogation from the place of payment and they don’t give rise to novation. They are considered means of payment subject to collection. The buyer can’t delay the payment due on no account and he can’t raise any exception, unless the payment is wholly accomplished. The non-payment within in the fixed term entitles the society ComInTec Srl General Partnership to debit to the client the moratory interests as provided for by the articles 4 and 5 of the legislative decree no. 231 dated 9.10.2002 as per modification provided for by the article 1, comma 1, letter e) of the legislative decree no. 192 dated 9.11.2012, the same thing for the extensions unanimously fixed with our society, after the maturity of the original term. Entitles also to debit to the client the forfeit amount of Eur 40,00 at a flat rate as compensation for damage provided for by the article 6 of the legislative decree no. 231 of 09.10.2002 as per modification provided for by the article 1, comma 1, letter f) of the decree with the force of law no. 192 dated 9.11.2012, with the exception of the compensation for higher damage.
Will be replaced all the parts we consider defective because of the material or the manufacture, provided that these parts aren’t altered or employed in a different way compared to the instructions and on condition that more than two years isn’t elapsed since the invoice’s date. The client who has regularly paid is the only one that has right to the substitution of the defective parts. At all events, our responsibility is strictly limited to the substitution; in fact we are not responsible for any consequence or direct or consequential damage that furnished goods caused to the client, included the labor for the assembly and disassembly and for the contingent purchasing of additional parts.
The contested goods have to be returned to the ComInTec Srl General Partnership’s registered office, free of charge and subject to a written authorization.
RESERVATION OF TITLE:
All our materials are sold with reservation of title. Therefore, materials are our property, until the invoices will be paid, as provided for by the article no. 1523 Italian Civil Code.
For any controversy between us and the client the competent Court is only Bologna’s Law-Court, in fact it’s excluded the competition of other Courts, if provided for by law.
SPECIFICATIONS AND PATENTS:
The specifications included in the catalogues or other communications have to be considered by way of example only and they don’t cause any firm effect for the seller. We notify, for all legal purposes, that there’s a great demand all over the world of patents with regard to the technical solutions about the limiting device and the joints of transmission, specified in the catalogues.
The above-mentioned conditions annul and replace all the previous ones. These conditions have to be considered integrally accepted through the issue of written orders, our specific derogations excepted.