Terms of sales
Terms of sales
SUBJECTAND PARTIESTOTHE CONTRACT
The General Sales Terms hereby rule all the sales of products (from now on the ” Products” manufactured or sol d by t he manufacturing company or the supplier (from now ” The Seller”) to the customer owner of the related invoices (from now on ” The Customer”) and take priority on every different clause or forecast (even though not specifically disputed by THE SELLER) which is inserted in modules, offerings or other documents. The Sellers reserves the right to change Its Products – at any time and without notification – or to improve them as it sees fit or necessary.
ORDER – APPROVAL
The Customer ‘s order, that must be written using the ordering forms prepared by THE SELLER, must be considered as a proposal and it is irrevocable from The Customer for 30 (Thirty) days after it has been sent to The Seller. The order becomes binding once the Customer receives the written order confirmation from the Seller, which has approval value and it is the only document binding the two parts and ruling the contractual relationship, concerning everything not stated in the “General Sales Terms” hereby. If the order confirmation includes the supply of different type of Products and/or multiple shipping, every type and/ or shipping is to be considered autonomous in respect to the other by virtue of contract.
MATERIAL DELIVERY, SHIPPING AND TRANSPORT
The delivery terms stated in the order confirmation are calculated in working days, they are not essential and they can be subject to changes; the Seller will notify the Customer those changes as soon as possible. Anyway a tolerance of 15 days is allowed. Moreover, partial deliveries are always allowed.
The Seller will not be held responsible to the Customer for delays, losses, damages, costs or expenses caused by for instance, but not limited to – industrial actions (even if business strikes), lockouts, transport blocks or suspensions, chance, fires, import prohibition s, raw material delays or lack of supply, power source limitations, raw material scarcity or absence, adaptation to law regulation, government measures, right full or not, insurrections, war or similar, natural catastrophes, embargo, and any circumstances beyond reason able control. The Seller will not be held responsible for those events not even if, when they happened, the delivery were already late in respect to the contractual terms. If the causes of the delay last beyond 30 (thirty) days, the Seller will have the option to rescind the contract without this implying the Customer’s right to be refunded for t he loss attributable directly o r not to t he delay. When t he agreed terms of delivery expire, within 15 (fifteen) calendar days from t he reception of t he Product -ready notification, the Customer will have to pick up the ordered Products, or, in case of recipient delivery, the Customer will have to request the shipping.
Once this date is expired, the Products can be stocked outdoors, and this will relieve the Seller of any responsibility for the Product contingent flaws in consequence of the exposition to the weather; any warranty for the Customer will expire and he will be charge d extra movement and stocking cost of 1% of t he Product value per stocking w eek. The sellers has also the right to ship t he Products in a port assigned to the Customer, or to stock them at the expense of the Customer, or, finally, to sell the Products that we re not picked up promptly by the Customer to third parties charging the former for possible payments or greater damage. After 8 (eight) days f rom the issuing of the read y Product notification, the invoice will be issued anyway and the payment terms will transpire. Possible evident flaws or missing Products must be reported at the delivery taking not e on the customer receipt or the warranty will expire.
PACKAGING AND PROTECTION
The Products are provided without packaging. Possible packaging must be requested when issuing the order and they will be charged in the invoice. The choice of the packaging type – which has to be made by the Customer, according to the need of Product transport stocking and destination – and all the related responsibilities resulting from that choice are exclusively and totally the customer ‘s responsibility, with express exclusion of any Seller responsibility. The Customer is notified that using wrong or inadequate methods of shipping, transport, stocking, movement or assembly can cause condensation and oxidation phenomena and it can compromise severely – and sometimes permanently – the Product quality.
To ensure the panel and the prepainted ribbed sheet aesthetical integrity, it is essential that those surfaces during manufacturing, movement, transport and assembly are protected with a polyethylene sticky film which must be removed by the Customer before assembling the Products, anyway, within 8 (eight) days from t he Product delivery. If the Customer does not remove the film within the terms mentioned above, this can cause extreme film stickiness removal issues, and sometimes-unexpected interactions with the organic layer below, compromising the Product quality and aesthetic. The Customer asking or accepting ribbed painted sheet or panel without that protection supply, accepts the responsibility and relieves the Seller for any kind of damage.
If the above-mentioned expedient will not be adopted, the possible protest for affirmed sticky film anomalies and/or consequences directly and/or indirectly imputable to the already-mentioned film will not be accepted by the Seller.
The customer accepts the tolerances noted on the catalogue and/or on the Seller technical sheets (last edition).
The Seller guarantees to the Customer the Product compliance to the specifications found in the catalogues and/or in the Setter technical sheets (last version), and also the flawlessness of materials and Product manufacturing, within the tolerances and within the technical specification given by the Customer. The warranty stated above lasts 12 (twelve) months after the Product delivery date. Possible protests concerning evident flaws in the Product or shortage must be enrolled (through notified registered mail or early faxed telegram) by the Customer to the Seller within 3 (three) days from the Product delivery. Possible hidden flaws not revealed at the delivery must be reported by the Customer- in the same ways for the evident flaws – within and not after the expiring one year warranty date and, at penalty of forfeiture, within 8 (eight) days from the discovery or from the moment they should have been discovered using ordinary care. The protests must be detailed to allow the Seller a prompt and complete check. The Products subject to protest must be at Customer disposal exactly how they have been delivered, respecting the movimentation, handling and stocking legislation hereby and possible particular instruction provided by the Seller. It is understood that, in any case, the following cases cannot be considered Product flaws: Oil the presence of possible cunning imperfection with less than 1,5 mm protrusion in relation to the metal support plane.
Oil the presence – when manufactured with overlapping to allow the element lengthwise overlapping – of expanded material residual on the metal surface after the automatic removal of the insulation (the removal from the naked metal must be completed on the working site during the building and it will be charged to the Customer) Condition alto the above provisions fulfillment, in case of prompt flaws complaint by the Customer and Acknowledgement of those flaws by the Seller, the latter will proceed according to the necessary steps and by its own undisputable choice to freely repair and/or substitute the Products Ex Works (EXW), or to refund the Customer a sum co responding to the difference between the ordered Product price and the product price degraded by the flaws (being understood that, In any case, the sum refunded by the Seller to the Customer according to hereby paragraph (ii) can never exceed the flawed product original price). The repaired or substituted product warranty according to the hereby paragraph will expire at the original intended date set by the original Customer purchase. Whereas complaints issued by the Customer concerning flawed Products should reveal themselves false, the Seller will charge the Customer all the costs sustained by the former for reviews, inspections, and possible surveys (also made by third parties).
The warranty mentioned above is the warranty offered by the Seller to the Customer in relation with the Product sales, it will have validity and it will not be interrupted or extended in any case. No other type of warranty and/or refunding, whether convention al or legal can be requested by the Customer to the Seller. In particular every responsibility of the Seller for direct, in direct, accidental or consequential damages which the Customer may experience from the Product defectiveness and/ or non-conformity (as for delays in the delivery) is excluded. The right of refund of these damages, limited by law, is to be considered renounced by the Customer. The Customer’s right to terminate the contract based on possible Product flaws is excluded. In case of separate deliveries, possible protests, even if promptly made, related to some of the products delivered do not relieve the Seller from the obligation to recall the remaining Products ordered. In dispensation of what is stated above, no warranty is issued by the Seller for metal layer Products without organic covering, except for the warranty of Product correspondence to the regulation in force; the Seller is then relieved from any responsibility related to the possible (and likely] oxidation phenomena occurring on those Products .
Likewise, no warranty is issued relating to used or secondhand Products, or to Products purchased with the “seen and liked “system, made of available material (whether it is first choice, second choice or junk material) by the Seller’s factory and sold at lowered prices. The warranty described in paragraph 6 automatically expires (and any Product warranty expires as well) in case of:(i) use and/or placement of Products declared flawed by the Customer after the notification expiring date or flaw onset, whichever happens first; (ii) use of Products not according to the related “performance” features; (iii) use, stocking, maintenance, movement or assembly of Products not according to the “movement. (iv) Installation with systems or accessories not according to the Seller technical sheets (last edition) or with accessories (for instance: fixing systems, tampons, ribs fixer, ridges, flashings, etc. which are not provided and/or explicitly approved by the Seller ;(v ) Product s on which intervention of any kind has been made by third parties other than the Seller.