TERMS OF SALE
CONTRACT R1455

1. The Seller guarantees the product to be free from defects in material and workmanship under normal use in accordance with the directions given in the technical literature for a period of 12 months after delivery to customer and agrees to repair or replace, at its option, the product at no charge should it become defective and which its examination shall disclose to be defective and under warranty. All defective products shall be returned to Seller. carriage paid. The guarantee shall expire 12 months after delivery to customer even in the event that the product has not been used for whatever reason.
2. All descriptive specifications and particulars of weights and dimensions laid down in catalogues. quotations or order confirmations are approximate only. The Seller reserves the right to make any modifications and improvements to its products which it may deem desirable or opportune without prior notice.
3. The guarantee does not extend to any of the Seller’s products which have been subjected to neglect, misuse. incorrect maintenance, tampering with on the part of the Purchaser or of third parties, improper installation, or to use in violation of instructions supplied by the Seller, or any other reasons whatsoever beyond Seller’s control. The Seller shall not be held responsive for damage to goods during loading, transport and unloading, all claims for any such damage must be put forth to the carrier at the time of delivery. Goods shall be properly packed and protected.
4. In the event that Purchaser sells the goods to third parties, Purchaser shall undertake to provide any such third parties with all technical information and instructions furnished to it by the Seller, otherwise the guarantee shall became null and void. The guarantee shall not cover any damage or failures resulting from exceptional circumstances.
5. Any claim for damage or latent defects must be made in writing within eight days from the date of discovery, otherwise they shall not be considered.
6. Whenever products are returned, this shall not mean automatically that they were found to be defective unless a specific claim to this effect has been put forth.
7. Should a defect be suspected, Purchaser shall submit to Seller a request for repair or replacement of the defective product and Seller shall repair or replace at no charge any such product which its examination shall disclose to be defective In material and workmanship, Any such defective products shall be repaired at the Seller’s works. Any defects in a particular product shall not form the subject of a claim for a full consignment of products that includes several types of products. Purchaser shall not therefore be entitled to withhold payment of any products other than those which are the subject of the claim.
8. In respect of the guarantee, Seller shall not be responsible to Purchaser for any charges other than those specified herein.
9. In no case shall Purchaser have the right to request inspection or repair on a site other than the Seller’s premises.
10. Delivery dates shall not be binding and may be subject to change for any unforeseeable events.
11. Should the Purchaser fail to make payment (s) on due date (s), then and in such event delayed payment will be subject to overdue interest at the rate of three points above the “ABI prime rate”. In such event. the guarantee shall be withheld until full payment has been made but its expiration date shall not be postponed accordingly.
12. the Seller shall not be held responsible in the event of delayed delivery due to circumstances beyond the reasonable control of the Seller, such as (but not limited to) force majeure, strikes, unrest, accidents or conflicts, including any delay by the product manufacturing subcontractors or other, the Seller will have the right, as it chooses, either to extend the permitted delivery period for a period equal to the duration of said cause or to cancel the sale, and in both cases will be exempt from all liability vis-à-vis the Purchaser in relation to the delayed or failed delivery. Under no circumstances will the Seller be liable for delayed or failed delivery due to shortage of products.
13. If any question, dispute or difference in connection with the contract arises between Seller and Purchaser, the same shall be referred to the Court of Milan. However, Seller may. at its option, submit any such question. dispute or difference to the Court of jurisdiction of the Purchaser.
14. These general conditions of sale supersede all previously issued terms and conditions. and no variations hereto can be accepted unless approved in writing by the Seller.