PRICES: The prices are valid for goods delivered ex-works, without VAT and for payment cash on delivery; any delay in payment will cause automatically the charge of the interests. In any case all the costs and expenses relating to the sale such as, for example, the packaging, transport, insurance, local taxes, etc.. are at buyer’s charge.
PAYMENTS: Payments must be made at the seller’s headquarters under the terms and conditions contractually agreed and can not be deferred for any reason or cause; even in the event of disputes arising, the purchaser has not the right to suspend or delay payments. Every provision for which has been agreed the payment of a deposit is subjected, for its execution, at the effective payment of the deposit. In defect the delivery will be suspended. The payments must be received as total amount shown on invoice, no bank costs at our charge are admitted.
INTERESTS: Without prejudice to all agreed in the contract and in these general conditions, in case of late payment will be applied default interest pursuant to Legislative Decree n. 231/2002.
DELIVERIES: The vendor meets all the performance by delivering the good ex works. After loading of the good (departure from seller) the transfer of risk will be held by the buyer. The shipment of goods is always made at the risk of the buyer, by any means it has been done. The packaging is at the charge of the buyer.
TERMS OF DELIVERY: The delivery terms are intended indicative and not binding for the seller and are expressly agreed with the clause “barring unforeseen circumstances”. The Terms are intended as work days with effect from the signing of the contract; any amendment or integration of the contract will have as result a new running of time. The seller will not respond in any case of late delivery (or for any damages arising) except in case of gross negligence against him. Any liability for delay is excluded in the following cases: – Failure to observe the terms of payment from the buyer. The seller uses art. 1461 cc – Force majeure, including strikes, transport delays, and weather events; – Failure or delay in delivery of materials by suppliers.
CLAIMS: The buyer has the responsibility to check the goods on receipt, to verify the correspondence with the order and to forward any complaints, under penalty of forfeiture, within eight days of its receipt.
SALES UNDER OWNERSHIP RESERVE: ORSI Group Srl reserves sole ownership of the goods sold until they have been paid in full as sales are made under ownership reserve for sense of art.1523 and following modification. The buyer acquires ownership of the goods with its total payment but bears the risks of owning from the time of delivery, pledging to keep the goods with all diligence, responding also to damage by fire, theft, and more. Until full payment of the price the buyer can not sell or pledge the equipment or rent it or rent it to third parties. The buyer will also have the obligation to immediately notify the seller any action of third parties on the goods (eg .. foreclosures, seizures, etc.).
WARRANTY: Warranty terms and conditions according to the law in force, except different written agreement between the parties. The warranty is limited to the free replacement of the parts that presented defects in materials or workmanship that make them unsuitable for their intended use.
The parts to repair or replace must be sent to the headquarters of the seller at the expense and risk of the purchaser; repaired and replaced parts will be delivered free of establishments selling, remaining packaging to the buyer, as well as the costs for the intervention. The buyer loses the right to the warranty: – If he does not observe the terms of payment; – If the claimed defects are originated by the facts of the buyer, its employees or third parties in general, also in case of misuse; – If first of complaint to the seller, the buyer directly or through third parties, worked on the parts under warranty; – If he fails to perform to contractual services No guarantee will be due in the event of defects arising from bad maintenance, negligence or incompetence in the use, modification or tampering performed by the purchaser as well as force majeure. Excluded are normal wear and normal wear and tear. In none of the cases provided from this article the purchaser may demand the termination of the contract or damages, direct or indirect, of any nature. Any dispute, subject to revocation, will have to be made to the seller in writing and with specific indication of the defects complained, within eight days of discovery.
DAMAGES: Without prejudice to any other rights and powers, in the event of termination of the contract due to the fault of the buyer, the seller may retain, as a penalty, the sums already received or anyway a sum equal to 35% of the total amount of the machine, subject in each case the refundability of any further damage, including that one for the depreciation of the sold machines.
MODIFICATIONS: In order to offer ever improved machinery and for marketing reasons, the company ORTOMEC Srl has the right to modify its products at any time without prior notice. This does not give the customer the right to terminate the contract. The updated catalogues and price lists are available on www.ortomec.com.
JURISDICTION: For any dispute or controversy related to the conclusion, execution, interpretation of the supply contract, however dependent or related, even for cases of continence and connection of causes, the parties elect as Exclusive jurisdiction the Court of Venice, with the express exclusion of other competitors jurisdiction.
THE ORTOMEC MATERIAL MATCHES THE “CE” STANDARDS Photos, drawings and technical data are approximate and not binding Features and specifications are subject to change without notice.