OP S.r.l.
25131 BRESCIA - Via Serpente, 97 - Tel. 030/3580401 - Fax 030/3580838
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26
GENERAL CONDITIONS OF SALE
1.
Contract
These general conditions of sale (hereinafter indicated as the “
General
Conditions
”)
shall govern the sale contract between
OP S.r.l.
(hereinafter “
Seller
”) and the
client
(hereinafter “
Client
”) relating to the products manufactured by or on behalf of the
Seller (hereinafter “
Products
”).
Each individual sale of Products shall be valid only after Seller’s acceptance, in written
form, of the order received by the Client (hereinafter “
Order Confirmation
”). Client
will inform the Seller, upon the placement of any order, on the existence of any
regulations and/or technical standards required in manufacturing and/or delivering the
Products, imposed by the legislation of the country of final destination. The Seller shall
evaluate, at its sole discretion, the feasibility of the adaptations and/or modifications
required to make the Products compliant with the standards required. Should the Seller
decide to implement such adaptations/modification, it shall confirm them in the Order
Confirmation. In no circumstance the Seller shall be bound to adapt the Products to the
standards required and/or indicated by Client, as this choice remains at the Seller’s
complete and sole discretion.
These General Conditions and each individual sale between Seller and Client made
pursuant these General Conditions shall, in no circumstance, imply the creation of any
agency, representation, continuous supply, tender or any other agreements between
the Parties which shall remain, at any material time, independent contractual parties in
a sale and purchase agreement. Moreover, these General Conditions and each individual
sale regulated by them, will not establish any relationship of exclusivity between the
Parties, mutual or unilateral, related to the sale and purchase of Products.
These General Conditions, acknowledged and approved by Client, represent the whole
agreement between Seller and Client and shall regulate each sale of Products between
Seller and Client even if concluded orally, by letter, on other printed forms or in any
other form whatsoever. Each and any change on the General Conditions shall be valid
and effective only if made in writing between Parties or by the Seller in its Order
Confirmation.
2.
Definitions
“Client”
: means everyone that purchases the Products and accepts these General
Conditions;
“General Conditions”
: means these General Conditions of sale;
“Order Confirmation
”: means the written acceptance by the Seller of the order of
Products received by Client;
“
Parties
”: means the Seller and the Client under these General Conditions;
“
Product
”: means the machinery, the partly completed machinery, the technical
equipment, precisely identified in the Client's purchase order and in the Seller’s Order
Confirmation, object of these General Conditions;
“Seller”
:
means
OP S.r.l., as a manufacturer and Seller of the Products or any other
subject instructed by OP S.r.l. to act on its behalf.
3.
Orders
The purchase order that the Client transmits to Seller constitutes a binding offer for a
period of 12 (twelve) months from the date of its receipt by the Seller.
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