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home  /  News Archive  /  GENERAL TERMS OF SUPPLY

GENERAL TERMS OF SUPPLY

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00 - GENERAL DISPOSITIONS
All transactions for the supply of any goods by us will be deemed to be agreement to these general terms of supply. Any condition of a Purchaser’s order in conflict with or additional to these general terms of supply is not accepted unless previously agreed otherwise in writing.

01 – ORDERS AND PRICES
All the orders are subject to our evaluation and acceptance. Any order may be varied or cancelled by the Purchaser in writing and will be so only after our consent within 8 days from order. We reserve the right to charge any out-coming cost due to such variation or cancellation taking into account expenses incurred and commitments made by us and all other losses. Unless otherwise agreed, we will apply the price list in force at the time of delivery or shipment of the goods. Prices do not include V.A.T. and refer to packaged units.

02 - TECHNICAL DATA AND APPLICATIONS
Technical data specified in our literature, are to be intended as indications. We reserve the right, without prior notice, to make to any data all the no essential variations or improvements that we deem useful and convenient. For information related to any technical feature and product specific application field, always refer to our technical handbook and strictly follow the instructions reported thereon. For customized products, a user’s manual is not provided; the seller will provide OEM’s with the corresponding technical data-sheet of the product.

03 - DELIVERY DATES
Delivery dates shall be treated as barring accidents and as estimates only. Delays cannot lead either to Purchaser’s cancellation of the contract or claim for damages and/or interests. If we are unable to deliver all or any part of an order for any reason beyond our control, we reserve the right to cancel the order or any undelivered balance by notice in writing and the Purchaser shall have no claim for or arising out of our inability to supply.

04 - DELIVERY TERMS
If not otherwise agreed in writing on the subject, the delivery term of our goods is always ex our factory and shipping rest at Purchaser’s risk and danger even when goods are sold free destination, unless the In.Co. Terms I.C.C. 2010 delivery terms are expressly named.

05 - PAYMENT TERMS
Payment terms, as agreed by the parties, must be binding. If the payment conditions are not respected, we shall act for the settlement of the price as well as additional expenses and default interests calculated on the bank rate named Prime Rate ABI plus fi ve points. In such cases we will have the right to consider the other open contracts and open orders as cancelled or suspended by Purchaser’s fault releasing us from any obligation. We will also have the power to ask the Purchaser for payment in advance on any other eventual open supply. Any sale is to be meant in accordance with the conditional sale pact in our favour as per the Italian code of law art. 1523 and followings, therefore the property of materials is ours until the total price has been paid.

06 - CLAIMS
All claims are to be made us by written notice within 8 days from the date of arrival of the goods. In case of loss, deficit, damage, etc., the Purchaser has to make prompt note to the forwarder.

07 - RETURNED GOODS
No returned goods will be accepted without previous claim notice by the Purchaser and without our written instructions authorizing to return such goods. Goods to be returned must be carriage paid, free of any additional cost and properly packaged. No returned goods from third parties will be accepted.

08 - GUARANTEE
Any product manufactured by MC Elettronica S.r.l. is guaranteed against manufacturing defects for 12 months from the date of production, which can be read on the label stick on each item. During such a period we commit ourselves to repair or at our convenience replace, free of charge, in the shortest possible time, those parts which prove, in our judgment, to be defective in design or material or workmanship under normal and proper use unless such defects to be caused by incorrect installation, misuse, natural wears, corrosion, failures due to inexpertness or negligence by the Purchaser, overloads beyond the indicated limits, unjustified interventions, tampering or acts of God. If a defect should develop within the guarantee period, products must return at Purchaser’s risk and free to our factory or appointed assistance centers, where they will be checked and repaired or replaced according to our judgment (our guarantee covers both spare parts and labor). Possible requests for local assistance will generate costs related to two ways trip expenses, food, lodge and travel time of our personnel, to be charged to the Purchaser. Repairing or substitution in conformity to our guarantee terms, do not extend or restart the guarantee period. Any part of or complete component replaced, become of our property. In case of repairing or substitution we do not consider ourselves as liable for direct or indirect damages of any nature or reason. Labor costs related to the unit substitution in the Purchaser’s equipment to be borne by the Purchaser. Should the Purchasers not respect the payment conditions, they will automatically lose the right to the guarantee. Any guarantee will involve MC Elettronica S.r.l. and the Purchaser only, excluding therefore any relationship with the end user unless this one is the Purchaser himself.

09 - COMPETENT COURT AND ARBITRATION
Any controversy arising from supplies ruled by the present terms will be regulated by the Italian Law to which these terms shall in all respects be construed and operated in accordance with. The sole competent jurisdiction Court will be Rovigo - Italy. Whenever agreed by the parties, as alternative to the common jurisdiction, any controversy may be submitted to the Rovigo Chamber of Commerce and settled in accordance with the simplified Unioncamere Conciliation and Arbitration Rules.

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