GENERAL TERMS OF SALES - EMMESTEEL s.r.l.
Art. 1.
Recitals
EMMESTEEL
s.r.l.
–
hereafter
the
“Seller”
–
does
not
accept
any
term
and
condition
other
than
those
expressly
set
forth
in
this
document,
and
sells
only
upon
the
terms
and
conditions
contained
herein.
No
other
term
and
condition
that
may
otherwise
contain
in
any
other
document
of
the
Purchaser
shall
modify
or
contradict
these
terms.
Art. 2.
Orders
The
transmission
of
an
order
implies
the
acceptance
by
the
Purchaser
of
the
present
General
Terms
of
Sale.
The
order
has
to
be
communicated
via
telefax,
via
e
‐
mail,
via
phone,
via
web
site
by
the
Purchaser
;
the
Seller
shall
send
the
Order
Confirmation
form
back
to
the
Purchaser,
who
shall
check
and
confirm
the
Order
by
written
signature.
If
within
3
calendar
days
shall
not
follow
other
communications,
the
Order
Confirmation
shall
become
binding
for
the
starting
of
the
productive
processes.
Requests
of
quotations
transmitted
by
phone,
e
‐
mail,
telefax
or
web
site,
shall
not
be
considered
in
any
case
as
“Purchase
Order”.
Changes
and
cancellations
of
orders
are
subject
to
the
Seller’s
written
approval,
being
it
factored
by
the
status
of
the
Order
production.
All
costs
due
for
changes
or
cancellation
requested
by
the
Purchaser
shall
be
credited.
Orders
with
a
definite
term
of
delivery
can
be
cancelled
or
changed
within
the
delivery
date
only,
and
in
accordance
with
the
herein
described
conditions.
Art. 3.
Terms of delivery
If
the
term
of
delivery
should
not
be
carried
out
for
whatsoever
reason
not
depending
on
Seller’s
will,
or
for
changes
requested
by
the
Purchaser
when
the
productive
processes
are
in
progress
–
see
art.
2.
–
the
latter
shall
not
have
the
right
to
claim
for
damages
or
for
order
cancellation.
The
Seller
shall
promptly
notify
the
new
term
of
delivery
to
the
Purchaser.
The
Seller
shall
deliver
the
products
by
means
of
reliable
carriers,
or
by
its
own
personnel,
unless
otherwise
agreed
with
the
Purchaser.
Any
further
or
different
term
of
delivery
herein
contained
has
to
be
agreed
beforehand
between
Purchaser
and
Seller,
and
approved
and
confirmed
by
the
latter
through
the
Order
Confirmation.
Art. 4.
Limitation of liability - Shipping
All
the
sales
are
EX
‐
WORKS
Emmesteel
s.r.l.
(Incoterms
2000)
,
free
Seller’s
company
:
the
whole
transportation
is
at
Purchaser
expense
since
the
very
moment
of
loading,
even
when
directly
delivered
by
Seller’s
personnel;
all
sales
do
not
include
shipping
,
insurance
and
packaging
costs,
or
other
delivery
charges
‐
inspection
fees
and
all
other
charges
levied
after
the
loading
is
completed.
;
the
Seller
shall
not
be
liable
for
damages
occurred
during
the
transport
,
the
unload
of
the
goods
at
destination,
and
during
all
further
steps
after
the
departure
of
the
goods
from
the
Seller
company;
the
Purchaser
assumes
all
the
risks
for
:
transportation,
even
when
the
carrier
is
charged
by
the
Seller
on
Purchaser
behalf
;
all
stocking
costs
by
the
carrier
warehouse
because
of
the
refusal
of
the
Purchaser
to
receive
the
goods,
or
because
the
Purchaser
is
absent
from
destination
during
the
working
days.
Product
safety
and
integrity
is
warranted
by
a
special
packaging
consisting
of
a
laminar
packaging,
which
protects
the
products
from
external
collisions,
plus
catchall
polystyrene
supports
which
protect
and
avoid
the
shifting
of
the
product
inside
the
box.
Art. 5.
Prices and Payments
The
price
list
is
indicative
and
may
be
changed:
the
Seller
reserves
the
right
to
change
prices,
and
shall
communicate
it
promptly
to
the
Purchaser.
Price
list,
available
on
request
and
at
Seller’s
discretion,
are
intended
in
EURO
currency
and
VAT
excluded,
which
shall
be
applied
with
the
current
rate
in
the
invoice.
The
Purchaser
has
to
pay
the
invoice
according
to
the
terms
stated
in
the
invoice;
in
no
event
shall
such
invoice
be
dated
earlier
than
the
date
of
shipment.
Seller
reserves
the
right
to
require
alternative
terms
of
payment
–
letter
of
credit,
payment
in
advance.
Late
payments
shall
imply
the
application
of
the
moratorium
interests.
The
Seller
reserves
the
right
to
change
the
terms
of
payment,
at
his
discretion,
in
case
the
Purchaser
has
solvency
problems.
Whether
the
parties
have
agreed
for
payment
in
advance,
and
the
Purchaser
would
not
have
provided
with
the
payment
due,
the
Seller
shall
reserve
the
right
to
subordinate
the
delivery
of
goods
to
the
payment
of
the
invoice,
without
in
any
way
to
claim
damages.
Property
rights
of
Seller
are
in
force
until
the
receipt
of
payment
by
the
Purchaser.
Further,
the
seller
reserves
the
right
to
take
back
the
goods
upon
goods
unpaid.
Art.6.
Warranty on products
The
Seller
warrants
5
years
all
the
products
for
manufacture
faults,
hydraulic
tight,
and
metal
corrosion,
and
2
years
for
faults
on
the
electric
devices
applied
to
the
heaters
and
towel
warmers,
and
enforcement
the
date
indicated
in
the
serial
number
present
behind
each
towel
warmer
and
outside
of
the
packaging.
.
The
Seller
shall
replace
all
the
returns
free
of
charge
and
within
this
period
of
warranty
after
an
accurate
check
made
in
Seller’s
location.
The
products
shall
not
be
warranted
in
all
these
cases:
-
If
faults
are
due
to
inappropriate
and
carelessness
modalities
of
transport;
-
For
an
unfit
storage;
-
For
an
unfit
installation
,
handling
and
use,
different
from
what
indicated
in
the
manual
of
instructions;
-
If
the
wiring
connection
is
not
done
according
to
the
instructions
of
this
manual
(look
at
the
wiring
diagram
at
STEP
11,12)
:
any
other
order
of
electric
bridges
will
cause
electric
shocks
,
burning/breaking
of
the
towel
warmer;
-
If
the
towel
warmers
are
not
connected
to
the
sanitary
hot
water;
-
For
repairing
or
tampering
carried
out
without
a
written
authorization
of
the
Seller;
-
If
the
installation
is
carried
out
by
non
‐
qualified
personnel;
-
If
the
barometric
rate
of
pressure
exceeds
from
what
indicated
in
the
technical
data;
-
For
an
incorrect
use
of
the
electrical
devices;
-
For
non
‐
domestic
use;
-
For
any
use
that
differs
from
what
is
indicated
in
the
manual
of
instructions
for
the
installation
and
use
of
the
towel
warmers;
-
For
incorrect
cleaning
made
through
inappropriate
materials;
-
For
any
circumstance
not
related
to
faults
for
wrong
manufacture
due
to
the
Seller.
-
Lack
of
respect
for
the
general
rules
of
art;
The
warranty
is
limited
to
the
repair
or
the
replacement
of
the
faulty
products,
excluding
every
further
obligation
for
direct
or
indirect
damage.
Keep
the
“Warranty
Certificate”
in
order
to
make
it
valid,
in
which
you
find
the
Seller’s
company
name,
the
features
of
the
product
and
the
purchase
date.
This
is
the
warranty
for
the
Seller
products:
no
one
is
authorized
to
change
its
terms
or
deliver
different
ones,
either
verbal
or
written.
Art. 7.
Complains and returns
Any
complain
or
returns
do
not
give
the
Purchaser
the
right
to
suspend
or
delay
the
payments
due.
The
Purchaser
cannot
raise
exceptions
or
bring
an
action
against
the
Seller,
unless
the
Purchaser
has
settled
both
the
pending
payment,
and
the
payment
of
the
claimed
goods.
Complains
Procedure:
the
Purchaser
shall
promptly
notify
the
claim
to
the
Seller,
who
shall
check
the
gravity
of
the
problem;
the
Seller
shall
offer
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Summary of Contents for RL 545008-S2121P
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