Sales Terms

Acceptance

The purchase order must contain all the information necessary for the correct supply of the goods listed therein.

We otherwise reserve the right to adjust the price of our offer or to charge the amount corresponding to the increase in costs incurred after confirmation.

The purchase order is always subject to our acceptance through the sending of our written confirmation.

Packaging

Unless otherwise specified in our offer or order confirmation, packaging is considered to be cost-effective according to our specific standard characteristics.

Contract Limits

Our offer and order confirmation refer only to the goods, accessories and services specified therein.

Technical information, descriptive and shipping specifications, drawings, and weight and size details sent to you with our offer are intended to be indicative only. The descriptions and illustrations contained in our catalogs, price lists, or other advertising materials are intended to provide only a general representation of the products described therein and do not constitute an integral part of the contract. Following the order's submission and confirmation, the relevant technical documentation can be provided upon request.

Checks and tests

Our products are carefully inspected and subjected to standard testing at the manufacturing facility. Special tests other than the standard ones we normally perform at the manufacturing facility, or performed in the presence of the customer or a third party appointed by the customer, will be performed if requested at the time of ordering and accepted by us in the order confirmation at the customer's expense.

Delivery

The delivery deadline begins upon our receipt of a written order and all the information and technical data necessary to proceed with production. This deadline is indicated in our order confirmation and, unless otherwise communicated in writing within the specified timeframe, is deemed to be tacitly accepted by the customer 3 days after receipt of our order confirmation. The delivery deadline may be extended for a reasonable period if the delay is due to a lack of instructions regarding the supply, or due to labor disputes, or to events resulting from unforeseeable circumstances or force majeure. If we fail to deliver the goods within the expected timeframe, we will not be liable for any loss or damage of any kind resulting from the delay, as the delivery deadline is NOT essential.

Pricing

Sales prices are those indicated in our order confirmation and refer to the conditions expressly specified therein. The prices indicated are understood to be agreed upon ex-works. In the event of changes or interruptions to work due to instructions or lack thereof from the customer, the Contract price will be adjusted accordingly. We shall have the exclusive right, without the customer being able to raise any objection, to refuse or suspend supplies in the event of the customer's default on any amount owed, including past dues or otherwise, or if the customer's financial situation deteriorates after the conclusion of the contract, or if the customer is unable to repay any debts without full payment. In the event of the customer's failure to pay, by the contractually established deadlines, even for only a portion of the total price of the supplies, it is expressly understood that the customer will automatically forfeit the benefit of the term for the amounts not yet due and will therefore be required to immediately pay in full all its debt – including that which is yet to fall due – including the principal, interest and all resulting costs (including legal costs).

Payments

Unless otherwise agreed in writing, full payment must be made within the terms indicated in our order confirmation. The goods remain our property until the relevant invoice has been paid in full.

If even one invoice is not paid, C.IM.I. Srl will not be able to deliver any further materials ordered for the company concerned until all outstanding balances have been paid in full.

Warehousing

If we do not receive sufficient delivery instructions within 14 days of the notification that the goods are ready for delivery, the customer will be responsible for collecting the goods or storing them. Otherwise, we will be entitled to arrange for the goods to be stored on their behalf, either at our premises or at another suitable location. All costs related to storage, insurance, and delays will be borne entirely by the customer.

Return Policy

Complaints for incomplete or damaged goods must be submitted in writing within 7 days of delivery. Returns will not be accepted unless pre-authorized in writing by our company.

Defects after delivery and product warranty

We will repair or replace the goods if any defects become apparent within twelve months of notification that the goods are ready for delivery, and only if such defects, based on our inspection, are attributable to design errors, improper materials, or faulty workmanship, and provided that the defective products have been returned to us, if requested. The defect must be reported to us immediately in writing, and in any case no later than eight days after its discovery, under penalty of forfeiture of the relevant right, as this is a mandatory deadline.

Repairs will be carried out at the location deemed most suitable by us and performed by our Service Department or by third parties designated by us for this purpose.

We will not be liable for any expenses incurred as a result of the removal or replacement of any goods sent to us for inspection or for any expenses resulting from the installation and fitting of any replacement products supplied by us.

Our liability does not cover defects due to incorrect maintenance or installation, or improper use with respect to what is provided for in the use and maintenance manual attached to each product, or interventions on the product or repairs carried out by the customer or by third parties authorised by the customer without our prior written consent.

Our warranty claim is conditional upon the customer's regular fulfillment of their obligations, including, but not limited to, regular payment.

Our liability under this clause replaces any statutory warranty as to the quality and suitability of the goods.

Except as provided in this clause, we shall not be liable for any defects in the goods delivered or for any damage or loss resulting from such defects or from any related activities.

Any disputes or complaints regarding incomplete or incorrect deliveries or recognizable and obvious defects must be communicated to our company in writing within 8 days of their discovery, under penalty of forfeiture of the relevant right, as this is a peremptory deadline.

In the event of warranty work, transportation, packaging, assembly, reassembly, and any travel expenses associated with the warranty work will be borne entirely by the customer. The warranty period is not extended, nor is its validity renewed, following warranty repairs or replacements.

Responsibility

We exclude any liability of any kind for contractual losses, plant downtime, loss of profits, or any other financial loss related to warranty work and, in general, for failures or defects in the products supplied. For losses of any other nature, C.IM.I. Srl's liability is limited to the contractual value of the goods supplied.

The customer, therefore, declares to be solely responsible for any damage to himself and/or third parties for losses occurring after delivery even if due to fortuitous events and/or force majeure or for other events affecting the goods supplied even if the same are subject to retention of title.

Consequently, you undertake to indemnify our company from any request, action and claim.

Retention of title

Ownership of the products supplied will remain with our company until the invoice has been paid in full, even after the goods have been delivered to the customer.

Should the customer default on full or partial payment for supplies, in the manner and within the terms established in the contract, our company may repossess the delivered products (at the customer's expense) upon simple written request.

In the event of any third-party actions against the products subject to retention of title (for example: seizures, confiscations and any other enforcement actions), our company must be informed without delay.

Personal data treatment

Privacy policy

In compliance with the provisions of Legislative Decree 196/2003, the customer authorizes our company to use and process their personal data, declaring that they are aware of and have been informed of the purposes and methods of processing and the voluntary nature of providing them. The customer also declares that they have been informed, pursuant to Article 7 of Legislative Decree 196/2003, that they are the holder of the rights provided for by the aforementioned provision and of the procedures for exercising them.

The customer consents and authorizes our company to communicate his/her personal data to its subsidiaries and affiliates for statistical, commercial, marketing, credit protection, credit management and assignment purposes, through the consultation, processing, and communication of the same for credit protection purposes and always within the scope of this contract.

Applicable Law, Jurisdiction and Competent Court

This contract is governed by Italian law and shall be interpreted in accordance with its provisions. Any dispute arising from the supply relationships governed by these general conditions or in any way connected to them shall be subject to the exclusive jurisdiction of the Court of Turin (Italy), expressly excluding any other competing and/or alternative jurisdiction.

The above conditions are considered valid and accepted in accordance with current European directives. Other regulations from non-EU countries will not apply.