Page 646 - Demo

GENERAL CONDITIONS OF SALE
1. GENERAL REGULATIONS
Fervi SpA is a company that markets its own products such as machine tools, accessories, measurement instruments and products generically called hardware items.
The general conditions of sale, reported below, are undertaken by Fervi SpA and are considered valid for any order received and to be applied to all sales of products by
the same.
Fervi reserves the right to modify these general conditions of sale at any time and without prior notice. Any amendments, exemptions and/or particular conditions in
regards to these clauses deriving from the Client shall not be in any way binding for Fervi unless expressly agreed in writing and duly signed by both parties.
2. DEFINITIONS
For the purposes of these general conditions of the contract of sale (hereinafter referred to as “Conditions of Sale”), the following terms are understood as follows:
• “Fervi/The Vendor”: Fervi SpA;
• “Client(s)/Purchaser(s)”: any company, body or registered entity that purchases Fervi products;
• “Product(s)”: the goods produced, assembled, sold and/or distributed by Fervi;
• “Order(s)”: each and any written request and/or offer of purchase of the products forwarded from the Client to Fervi by fax, email, sales representative or by any
other means recognised by Fervi;
• “Sale(s)”: each contract of sale concluded by Fervi and the Client, also through a sales representative;
• “Goods”: quantity and type of product contained in the Client order;
• “Catalogue”: illustrative volume of the Fervi products;
• “Returns”: all products and goods returned by means of the procedure provided by Fervi
• “Trademark(s)”: all of the trademarks of which Fervi is owner, title holder and/or licensee;
• “Intellectual Property Rights”: all intellectual and industrial property right of Fervi including, without any limitation, the rights pertaining to licences for inventions,
drawings or models, utility models, trademarks, logos, knowhow, technical specifications, data, whether registered rights or not, in addition to any application or
registration relative to said right and every other right or form of protection of a similar nature or having an equivalent effect.
3. PRODUCTS AND MODIFICATIONS
The weights, dimensions, prices, colours and any other characteristic and date even of a figurative nature inserted in the catalogue, price lists, brochures, illustrations,
flyers, offers, advertising material in general and/or other illustrative documents by Fervi, are approximate indications and are not in any case binding for Fervi.
The Vendor reserves the right to vary its products’ technical or manufacturing data at any time and without prior notice and to perform any modifications considered
necessary.
The Vendor is not required to make modifications that have subsequently been agreed upon to an order should the products have been already produced or be in the
process of production.
The type of products and their availability may vary at any time without this incurring any liability for Fervi.
Any modification to the products by Fervi does not give the client grounds to file complaints in any case.
4. PRICES
The price is expressed in Euros and the price for each individual product is indicated in the catalogue and/or on the Fervi website; it is merely indicative and can therefore
be subject to change without prior notification to the client.
In the event of promotional offers by Fervi, the price will be that indicated in these offers and may be subject to change for certain products, where specified.
Unless agreed otherwise in writing between the parties, the goods will be invoiced at the prices applicable at the time of the order.
The prices are net of VAT, taxes, tolls, customs and tax charges or any type arising from the contract which are the exclusive responsibility of the Client.
The cost of packaging is included in the price while shipping costs are always excluded.
5. ORDERS
These conditions of sale are read and approved by the Client upon the submission of the order, which is in any case received by Fervi with the clause “Subject to Company
Approval.”
The order must be defined in all its parts and all of the technical and administrative indications must be completed, including any tax relief. The item code and the relative
quantities must be specified.
The minimum order quantities for each item are indicated in the catalogue/website.
Orders that do not correspond to this, or multiples of these amounts, will be automatically adjusted by Fervi without prior client authorisation.
Unless otherwise agreed in writing between the parties, the order is deemed irrevocable pursuant to and in accordance with Article 1331 of the Italian Civil Code.
Fervi reserves the right, at its sole discretion, to refuse or accept, in whole or in part, any variations to the order proposed by the purchaser after the submission of the
order.
Fervi confirms that the client is prohibited from unilaterally withdrawing from an order and sale. In the event that the client withdraws from the order confirmed by Fervi,
the client is liable in any case for the full amount of the goods.
6. ORDER ACCEPTANCE/CONFIRMATION
Upon submission of the order, the client remains committed to the prices and conditions indicated in the catalogue applicable at the time of the order.
Fervi can accept the order by shipping the goods pursuant to Article 1327 of the Italian Civil Code, without any obligation to notify the client, notwithstanding the provision in
the 2nd paragraph of the aforementioned article. Fervi has the right, following the acceptance of the order, if deemed appropriate, to send the client an order confirmation
by way of acceptance.
7. PARTIAL PROCESSING OF THE ORDER
Fervi reserves the right to process the order in full or in part or in various batches, taking into account the availability of products, without guaranteeing the final balance.
The remaining products will be sent to the Client, based on Fervi’s availability, in accordance with the terms and conditions agreed upon by the parties in writing.
8. RETURNS
The Client is required to inform Fervi (fax: +39 059 763 037; email:assistenza@fervi.com) if the goods are returned within 8 days of receipt.
Fervi shall accept any return of goods only if approved and authorised in advance by the vendor in writing and the relative costs are fully incurred of the client.
In any case the reason for the return, the authorisation number received and the purchase invoice must be specifically indicated in the accompanying document.
The goods must be returned in their original packaging.
Unauthorised returns or returns performed using different methods from those agreed upon will not be accepted by Fervi and will be returned to the clients at their own
expense.
Damaged, altered and/or modified products will not be accepted.
The aforementioned returns must be sent to Fervi SpA, Via del Commercio No. 81, 41058 Vignola (MO) Italy.
9. CLAIMS/COMPLAINTS/NON-COMPLIANT PRODUCTS
The client, through the people assigned to receive the goods, is required to check the goods, the state of the packaging or any other faults that are evident at the time of
delivery in the presence of the transporter in addition to verifying the integrity of the parcels delivered and their corresponding number.
If the packaging is damaged, goods are missing or other faults are detected, the purchaser is required to file a claim in writing with the transporter immediately upon
receipt of the goods at the designated space provided on the transporter slip, specifying the grounds for the claim.
The aforementioned slip, duly signed with a legible signature, must be delivered directly to the transporter.
Upon completion of the aforementioned procedure, the client is required to inform the vendor about problems in writing by fax or email, upon penalty of expiry, within 4
days from the date of receipt of the goods, indicating the order number and the date of receipt of the goods.
Any complaints regarding defects that cannot be identified through a diligent check upon receipt of the goods (visible faults) must be reported in writing to the vendor by
fax or email, under penalty of expiry, within 15 days from the date the fault is discovered and, in any case, no later than twelve months from the date of receipt of the goods.
The complaint must, in any case, specify the fault encountered, the products to which it refers and the details of the purchase invoice.
If the products delivered do not comply with the order, the purchaser is required to inform the vendor, in writing, under penalty of expiry, within 8 days from the date of
receipt of the goods in order to arrange the replacement.
The goods returned must be accompanied by the corresponding delivery slip with the words “goods non-compliant with order”.
The return of the goods to Fervi by the purchaser, regardless of the reason, is in any case subject to written authorisation by the vendor, which will report the return
method and schedule.
The goods must be returned in their original packaging, accompanied by the authorisation number received from Fervi.
Any complaints and/or disputes do not give the purchaser the right to suspend or, in any way, delay payment of the products that are the subject of the complaint and/