GENERAL TERMS OF SALE
1 Contract and prices
1.1 An order shall be deemed to be an irrevocable proposal of the customer
1.2 The contract is completed with the written acceptance of F.lli Marinelli s.r.l.
1.3 If the order confirmation, to be sent by registered mail, by e-mail, or by fax, contains differences with respect to the order and the customer fails to notify F.lli Marinelli s.r.l. of any objections to such differences within 15 days of receipt of the order confirmation, the changes shall be deemed to have been accepted in full.
F.lli Marinelli s.r.l. and the customer conventionally agree that the customer's silence protracted beyond 15 days from the date of reception of the order confirmation shall be deemed to constitute a declaration of acceptance.
The prices are shown in Euro net of VAT
2 Drawings supplied by F.lli Marinelli
2.1. All drawings, photocopies, photographs, sketches and all other materials remain the intellectual property of F.lli Marinelli s.r.l. and must be returned.
3 Technical data
3.1 All technical data supplied by F.lli Marinelli s.r.l. are purely guideline and must always be checked by the customer.
4 Terms of delivery
4.1 The terms of delivery, calculated in working days, are purely guideline and will anyway be suspended for the duration of any contractual default by the purchaser or in the event of the occurrence of events outside the control of F.lli Marinelli s.r.l. and due to events of force majeure.
4.2 If the purchaser remains in default for a period longer than 180 days, F.lli Marinelli s.r.l. can exercise its right to consider the contract to be terminated.
5.1 F.lli Marinelli s.r.l. shall repair or replace, free of charge, any machines or parts of machines that it considers, at its sole discretion, to be unfit for purpose.
5.2 Any defects must be reported within 7 days from the date of discovery by means of a registered letter with notification of receipt, specifying the defects encountered in detail.
5.3 Replaced or repaired machines or parts will be shipped ex works free at SIGILLO in exchange for the defective articles to be repaired or replaced.
5.4 Unless otherwise agreed, the costs and risks for shipping of defective parts and repaired or replaced parts shall be borne by the customer.
5.5 Any and all possible claims for damage compensation are herewith excluded.
5.6 The customer's warranty coverage shall lapse immediately and irrevocably if the customer is in breach of contract at the time of the claim.
5.7 The customer shall not be entitled to suspend the regular fulfilment of its contractual obligations, even if the goods are subject to dispute.
5.8 CONSUMABLE PARTS OF THE MACHINES ARE NOT COVERED BY THE WARRANTY
6 Seller's limited liability
6.1 The seller is released from all liability arising from damage to property other than the contractual goods, except in the case of malice or gross negligence.
7 Contract termination on the customer's initiative
7.1 If the customer wishes to withdraw from the contract, it shall be required to cover all the costs incurred by F.lli Marinelli s.r.l. up to the moment of receipt of the withdrawal notice, in addition to an amount equivalent to 25% of the order price.
7.2 The customer can request contract termination for just cause only if the goods, despite any repairs carried out, are deemed to be unfit for purpose.
8.1 Conventionally and except in the presence of separate agreements between the parties, payments shall be made at the headquarters of F.lli Marinelli s.r.l.
8.2 In the case of payments in instalments, extended payment interest will be charged at the official interest rate in force at the time of delivery of the goods, plus three percentage points.
Interest must be paid in cash or using an equivalent method.
8.3 If the customer is granted the faculty to pay also interest charges on an extended basis, they shall be settled in such a way that the net income, calculated with the method of commercial discount to the rate mentioned above, is identical to the deferred capital amount.
8.4 Payments made after the agreed term will attract late payment interest at the official interest rate in force at the time, increased by four percentage points.
8.5 In the case of extended payment terms, non-payment of instalments (or even a single instalment of an amount greater than one eighth of the total price) shall cause the customer to forfeit its use of the extended payment term.
8.6 In the case of payment with bills of exchange, to secure delivery of the goods the customer must first send the seller the agreed debt coverage guarantee.
9 Contract termination
9.1 A reduction of the Customer's financial guarantees or non-payment of instalments or even of a single instalment of an amount greater than one eighth of the total price, if extended payment terms have been granted, shall entitle F.lli Marinelli s.r.l. to terminate the contract, informing the customer by means of a registered letter with return receipt.
9.2 The instalments already paid will be withheld by F.lli Marinelli s.r.l. by way of indemnity, without prejudice to its right to claim compensation for any additional damages.
10 Court of jurisdiction and applicable law
10.1 The law court of Perugia shall have sole jurisdiction for any disputes or legal proceedings.
The contract and the obligations arising from it shall be governed by the articles of Italian law
In compliance with articles 1341 and 1342 of the Italian civil code, the customer hereby confirms its specific approval of the conditions set down above and, in particular, of the following clauses:
1 CONTRACT AND PRICES
4 TERMS OF DELIVERY
6 LIMITATION OF SELLER'S LIABILITY
7 CONTRACT TERMINATION ON THE CUSTOMER'S INITIATIVE