Terms of sale
Acceptance
The purchase order shall contain all information necessary for the proper supply of the goods listed therein.
We otherwise reserve the right to adjust the price of our offer or charge the amount corresponding to the increase in costs incurred after confirmation.
The purchase order is always subject to our acceptance by sending our written confirmation.
Packaging
Unless otherwise specified in our quotation, or in the order confirmation, we consider packaging at cost according to our standard specification.
Limits of the contract
Our offer and order confirmation refer only to the goods, accessories and services specified therein.
Information of a technical nature, descriptive and shipping specifications, drawings and details of weights and dimensions sent with our offer, are intended only as a guide. The descriptions and illustrations contained in our catalogs, price lists or other advertising material are intended to give only a generic representation of the products described therein and do not in any way constitute an integral part of the contract. Following the transmission of the order and its confirmation, the relevant technical documentation may be supplied on request.
Inspections and testing
Our products are carefully inspected and subjected to standard tests in the production company. Special tests other than the standard tests normally carried out by us in the production company, or carried out in the presence of the customer or a third party appointed by the customer, will be carried out if requested in the order and accepted by us in order confirmation at the customer's expense.
Delivery
The delivery period shall commence upon receipt by us of a written order and all information and technical data necessary to enable us to proceed with production, such period shall be stated in our order confirmation and shall be deemed, unless otherwise communicated in writing received within the stipulated period, to have been tacitly accepted by the customer after 3 days from receipt of our order confirmation. The delivery period may be extended for a reasonable period if the delay is due to the lack of instructions inherent in the delivery, or to labor disputes or to events dependent on fortuitous circumstances or force majeure. If the goods are not delivered by us on time, we shall in no way be liable for loss and damage of any kind resulting from the delay, the delivery period having to be regarded as NON-essential.
Prices
Sales prices are those indicated in our order confirmation and refer to the conditions expressly specified therein. The prices quoted are understood to be agreed ex-works. In case of changes or interruption of work due to instructions or lack of instructions from the customer, the Contract price will be changed accordingly. It shall be our exclusive right, without the customer being able to oppose any exception whatsoever, to refuse or suspend deliveries in the event the customer is in default of any amount owed to it, including past and otherwise, or if its financial or asset situation deteriorates subsequent to the conclusion of the contract and again in the event that it is unable to any receivables except upon full payment of its debts. IN the event that the customer fails to pay, on the contractually established due dates, even a single part of the total consideration for the supplies, it is expressly understood that the same shall automatically forfeit the benefit of the term for the amounts not yet due and must therefore provide for the immediate full payment of its debt - even that which is due - including the principal, interest and all expenses (including legal expenses), consequent thereto.
Payments
Unless otherwise implemented in writing, full payment must be made within the terms stated in our order confirmation, the goods remain our property until the relevant invoice is paid in full.
Warehousing
In the event that we do not receive sufficient delivery instructions within 14 days of the notice of ready goods, the customer shall take delivery of the goods or arrange for their storage. Otherwise, we shall be entitled to arrange for the warehousing of the goods on your behalf either with us or at another suitable location. Expenses related to storage costs, insurance and delays will be borne by the customer in full.
Returns
Claims for incomplete or damaged delivered goods must be in writing within 7 days after delivery of the supply. Returns will not be accepted unless pre-authorized by our company , in writing.
Defects after delivery and product warranty
We shall bear the cost of repairing the goods or replacing them in the event of defects which become apparent within a period of twelve months from the notice of ready goods and only in those cases in which such defects turn out, on the basis of an inspection carried out by us, to be attributable to design errors, improper material or faulty workmanship, and provided that the defective products have, if requested, been returned to us. The defect in the goods must be immediately communicated to us in writing and in any case not later than 8 days from its discovery under penalty of forfeiture of the relevant right, this being a peremptory term.
Repairs will be made at such place as we deem most suitable and carried out by our Service Department or by third parties designated by us for the purpose.
We shall not be liable for any expenses incurred as a result of the removal or replacement of any goods shipped to us for inspection or for any expenses resulting from the installation and fitting of any replacement product supplied by us.
Excluded from our liability are defects due to improper maintenance or installation, or to improper use in relation to the provisions of the use and maintenance manual attached to each product, to work on the goods or their repairs carried out by the customer or third parties authorized by the customer without our prior written consent.
Our presentation under guarantee is subject to the regular fulfillment of obligations undertaken by client, including, but not limited to, regular compliance with payments.
Our liability contemplated in this section supersedes any warranty provided by law for the quality and suitability of goods.
Except as provided in this clause, all our liability with respect to defects in the delivered goods, any damage or loss resulting from the defects themselves or from related activities shall remain excluded.
Any disputes or claims for incomplete or incorrect deliveries or for recognizable and manifest defects must be reported to our company in writing within 8 days of their discovery, under penalty of forfeiture of the relevant right, since this is a peremptory deadline.
In the case of warranty work, the costs of transportation, packaging, assembly, reassembly as well as any travel expenses associated with the warranty work will be borne in full by the customer. The duration of the warranty shall not be deemed extended nor the validity of the warranty renewed as a result of warranty repairs or replacements.
Responsibility
Any liability on our part in any capacity whatsoever for contractual losses, plant downtime, loss of profit or for any other economic loss in connection with warranty work and in general for failure or defects in the products supplied is understood to be excluded. For losses of any other nature, the liability of C.IM.I. Srl is understood to be limited to the contractual value of the goods supplied.
The customer, therefore, declares that he/she is solely responsible for any damage to himself/herself and/or third parties for loss occurring after delivery even if by accident and/or force majeure or other events involving the goods referred to in the supply even if the same are subject to reservation of title .
Consequently, he agrees to hold our company harmless from any claims, actions and demands .
Reservation of property
The ownership of the delivered products will remain with our company until the invoice is paid in full, even after the goods are delivered to the customer.
If the customer defaults on payment in full or even in part for the supplies, in the manner and within the contractually fixed terms, our company may repossess the delivered products (at the customer's expense) by simple written request.
In the event of third party initiatives on the products subject to the retention of title (by way of example: foreclosure, seizure and any other execution), our company must be informed without delay.
Personal data processing
Privacy policy
In compliance with the provisions of Legislative Decree 196/2003, the customer authorizes our company to use and process his personal data, declaring that he is aware of and has been informed of the purposes and methods of processing and the optional nature of their conferment. The customer also declares that he/she has been informed, pursuant to art. 7 of Legislative Decree 196/2003, that he/she is the holder of the rights provided for by the aforementioned law and the procedures for their exercise.
The customer consents and authorizes our company to disclose his/her personal data to companies of the same subsidiaries and affiliates for statistical, commercial, marketing, credit protection, credit management and assignment purposes, through consultation, processing and communication of the same for credit protection purposes and always within the scope of this contract.
Applicable Law, Jurisdiction and Competent Forum
This contract is governed by Italian Law and shall be interpreted according to the dictates thereof. For any dispute arising from the supply relationships governed by these general conditions or in any case connected with the same, the Court of Turin (Italy) shall have exclusive jurisdiction, with express, concurring exclusion of any other possibly competing and/or alternative Court.
The above conditions are understood to be valid and accepted according to current European directives. Other types of regulations of other non-EU countries will not apply.