GENERAL SALES CONDITIONS

  1. GENERALITY
    1. These GENERAL SALES CONDITIONS govern the relationships between FIZNER AUTOMAZIONE S.A.S. ("The Company") and its CUSTOMERS.
    2. The issuance of any order by the Customers, will entail for the Customers the full and unconditional acceptance of these GENERAL CONDITIONS and the automatic renunciation of their possible GENERAL PURCHASING CONDITIONS.
    3. Any agreement that differs from the provisions of the GENERAL SALES CONDITIONS will only take effect if explicitly proposed or accepted by the Company in writing by the Administrator.
    4. Contracts are considered completed only following an ORDER CONFIRMATION written by the Company.
    5. Withholding the order confirmation after five days from receipt, implies full acceptance of all written and printed conditions.
    6. The fact that the Company does not make use of any of the provisions contained in the GENERAL CONDITIONS, cannot be interpreted as a waiver of the same to use it later.
  2. DELIVERY, RISKS, TRANSPORT, PACKAGING
    1. Delivery times are not binding. Any delays cannot give rise to claims for damages or to cancellation or termination of the contract.
    2. In the absence of specific and shared instructions from the Customer, the Company will forward them to the place indicated in the order by the means it deems most suitable.
    3. Even if sold “ex works”, the goods are considered delivered when it leaves our warehouses. The goods travel at the risk and peril of the buyer who, in his own interest, must assert his possible reservations only against the carrier.
    4. No damage or shortages occurred during transport are reclaimed.
    5. Unless otherwise agreed, the packaging will be charged at cost.
  3. PRICES, PAYMENTS
    1. Prices are excluding VAT and will be subject to change if there are appreciable changes in the cost of raw materials or labor.
    2. The Company’s price lists are subject to change without notice.
    3. The prices and conditions of sale are valid for orders of not less than € 100.00 net and payments are considered made only at our PADUA address.
    4. Failure to pay the price at one of the scheduled deadlines entails the automatic expiry of the term and the entire price becomes immediately due.
    5. In the event of late payments, the Company will have full right to reimbursement of any credit and interest recovery costs in accordance with Legislative Decree 231 of 09/10/2002 and gives the Company the right to terminate the contract and to claim damages in addition to the claim action.
    6. In all cases of default, the Company's right to:
      • Change the payment terms agreed for new supplies or completely suspend them
      • Issue a sight draft with expenses for arrears due to it and also for any unexpired balance
      • Take any other precautionary or executive order until the full recovery of your credit
  4. RESERVED OWNERSHIP
    1. All materials sold remain the exclusive property of the Company until they are fully paid with the right for the same to claim the unpaid materials.
  5. FEATURES AND DESCRIPTIONS
    1. Numeric references and names when necessarily conforming to the original ones are shown for information only.
    2. The Company declines all responsibility for any inaccuracies, errors or omissions in which it may have incurred in compiling its catalogs, price lists and technical publications.
    3. Any weight indications are purely indicative.
  6. WARRANTY AND LIABILITY
    1. The guarantee starts from the delivery date indicated in the relative transport document.
    2. Defects or faults must be declared within 8 days from the date of receipt of the products, under penalty of forfeiture by registered letter or fax to our address in the PADUA office.
    3. The warranty is expressly limited to the replacement or repair or reimbursement of the price of products recognized to be defective by the Company. The choice between the various options is entirely up to the Company and any refund will be made on the basis of the purchase price. Disassembly and assembly costs are not included in the warranty.
    4. Even if the reason for the return is recognized as well founded, the material must be sent at the expense and care of the customer to our warehouse and only upon notice and our express authorization.
    5. The warranty applies for the period provided by the manufacturer of the specific product sold and according to the conditions that are reported in the relative documentation or catalogs.
    6. The warranty is to be considered excluded if the defects of the product are attributable to incorrect installation, to abnormal conditions of use, to defective maintenance, to use not specified at the origin or contrary to the intended use, to unsuitable storage , to an assembly that does not comply with the instructions or specifications or contrary to the rules of art or normal wear.
    7. Complaints against the Company do not confer on the customer any right to cancel orders or to suspend payments relating to the claimed products until the complaint has been defined.
    8. The Company cannot be held responsible for any direct and indirect damages of any nature, including intangible ones such as the loss of customers, turnover, production, profit or image or that possibly deriving from actions taken by third parties or resulting from conviction Of these.
  7. ORDER MANUFACTURE
    1. For this type of supplies and also in the case of continuous orders, the Company reserves the right to supply the entire quantities produced even if in excess of those ordered, without prejudice to the Customer's obligation to notify the Company with sufficient notice in in the event of termination of orders and this in order to be able to exhaust any reasonable supply of semi-finished or finished materials and products that do not find different use in the short term.
  8. INVALIDITY
    1. In the event that one of the provisions of these TERMS OF SALE is declared void, the other provisions will continue to produce their effects.
  9. APPLICABLE LAW AND COMPETENT COURT
    1. For all matters not expressly regulated by these GENERAL SALES CONDITIONS, the provisions of Italian law will apply and for any judicial action the exclusive jurisdiction of the PADUA court will be recognized as of now.
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