Terms & Condition
General conditions defined hereto must be considered essential part of each Euroviti S.r.l. (hereinafter referred to as “Company”) supply orders from the present date, even if not included in the single order, until otherwise imposed, and replace any conditions previously imposed by the Company or by the Buyer ( hereinafter also " Customer" ) .
1.1 The supply includes the processes, materials, machineries, equipment and quantities specified in our order confirmation.
1.2 All data included in our catalogues, web-sites, photographs and in general in every Company documents must be considered demonstrative and not binding. Only information provided and signed by the Company should be considered binding.
1.3 Drawings, illustrations and technique data enclosed in product supplies shall be considered of exclusive property of the Company and any unauthorized use is not allowed.
1.4. These general conditions of supply also apply in case of work performed on the basis of technical information or materials shared between the Customer and the Company.
2 Order Procedure
2.1 Orders must be received in writing and must be completed with all the information required for the proper execution of the supply, including any information about the materials to be used in the subsequent production phase.
2.2 Euroviti S.r.l. is dispensed from every liability referred to the accuracy of the information sent by the Customer.
3. Prices and Proposal
3.1 Product prices are established into every CRIPPA’s Order Confirmation. VAT and any others taxes or fees shall not be included into prices, unless expressly stated.
3.2 Unless otherwise agreed in writing, all costs of transport, packaging, insurance and other costs will be charged to the Customer separately (EXW).
3.3. Any increase of costs, customs and taxation applicable from the time of subscription to the payment will be charged to the Customer.
4. Order Confirmation
4.1 If the order confirmation EUROVITI S.r.l. presents differences in its individual items, with respect to agreements or to the order received, the customer has to claim them in writing within five days from the receipt, otherwise the order will be deemed to be accepted.
5. Delivery Terms
5.1 Delivery Terms defined into the Company’s Order Confirmation shall be considered approximate and not binding.
5.2 Company delay does not justify a contract termination.
5.3 Under no circumstances the Company shall be considered liable both in damages or penalty for delay. The Parties declare to have understood that the delivery deadlines are approximate.
5.4 Notwithstanding the above, the Company shall do everything in its power to avoid any delays.
6 Delivery procedure
6.1 Delivery of the products is agreed ex works Euroviti S.r.l.
6.2 With the delivery of the goods to the Customer or to the carrier, all the material risks inherent the products are transferred, even in case of a free port or chargeback invoice: consequently, no request for any reason will be enforceable against Euroviti S.r.l. for damage, theft or delay and /or other adverse events occurred during the transport;
6.3 Customer's lack of collection and/or refusal to delivery exempts the Company from any liability related to the products detention, without any obligation to report.
7.1 The Customer must inform the Company, within 5 working days and in written (with proof of receipt), about partial delivery and/or product defects clearly identifiable. Otherwise contract and legal warranties shall not be effective.
7.2 In case of Complaints, the Customer shall not use the products, which shall be properly preserved otherwise the Customer risk to lose the warranty.
8.1 Within the limits of the provisions of these general conditions and timely notification, EUROVITI s.r.l. undertakes to remedy any imperfection related with the contractual products that is a related with the material or the mechanical processing, for a period of 18 months from the date of delivery of each individual piece or 12 months from the start of its use.
8.2 Any defects and deficiencies of Company products do not involve the termination of the contract or any Customer’s rights to claim for damages compensation but only the right to obtain, at the option of EUROVITI S.r.l., repair or replacement of specific defective product, to be delivered EXW factory Euroviti (Incoterms 2000). In the latter case, the piece replaced will be property of the Company.
8.3 For all the reasons above-mentioned, the Customer here declares to have understood that any further claim towards the Company for any reasons, and in particular based on loss of earning and on damages, shall not be raised.
8.4 Defects descended by the irregular use or/and by the normal decline of the products are excluded from warranty hereto.
8.5 If the material used for the delivery is owned by the Customer, the Company shall not be responsible for its possible defects.
8.6 The products exposed as defective should be given back - carriage free – to Euroviti (INCOTERMS 2000). The defective products must be returned with a regular shipping note, containing the trade invoice or the trade seal issued by the Company.
8.7 The present warranty does not include the cost of transport, sending and possible trips of Euroviti employees.
8.8. In no event any dispute on the material shall entitle the Customer to delay or suspend, in whole or in part, the payment terms agreed.
8.9 Given the different production conditions of each installation, the descriptions of the services and the characteristic of the materials produced, based on estimates, will not be subject to the guarantees of these conditions guarantees sales.
8.10 In reviewing cylinders and screws, only our mechanical manufacturing and our carry-welding will be guaranteed exclusively.
9.1 The terms and conditions of the payment are defined inside the order confirmation.
9.2 The payment delay after the deadline – even only partial - shall cause the charge of the interest ex D.lgs. 231/2002, without any notice of default.
9.3 It is understood that the non-payment or delayed payment of even a single invoice will result in lost of the terms of payment originally granted, so that the corresponding amounts will be considered immediately due and payable.
9.4 In such cases EUROVITI will be entitled to considered temporarily suspended or permanently terminated the contract, not giving effect to any current orders, without the right of the buyer to claim compensation or other kind of indemnity for any reason or cause.
10. Retention of title
10.1 In the event that the payment, by contractual agreement, is to be made, in whole or in part, after the delivery, the products delivered will remain property of EUROVITI until full payment of the price, the sale agreement must be intended as “a retention of title agreement” ex art. 1523 italian civil code.
11.1 The buyer declares to be aware and informed of his rights under Articles 7 and 13 of D. Lgs. 196/2003 and consequently gives its unconditional consent to the processing, communication and dissemination of personal data for the sole purpose of management activities, commercial, promotional, advertising, transmission of commercial, technical, market research and especially for all those uses fit to ensure greater protection and safety of the goods purchased.
12.1 The Customer commits itself to keep in confidentiality all the information known in the execution of its commercial relation with the Company.
13. Court and Jurisdiction
13.1 Any dispute concerning the execution or validity of this contract will be referred exclusively to the Court of Brescia and the applicable law will be the Italian law.
14.1. No integration, modification or waiver to the present general conditions will be valid unless approved in writing by the parties.
14.2 These General Conditions will apply to any contract signed by both parties, being understood that in the event of discrepancies between the provisions of these General Conditions and of each specific contract agreement, will prevail those of the General Conditions.
14.3 These Terms and Conditions have been translated into English. In case of discrepancies between the Italian and English version the Italian text will prevail unless otherwise agreed in writing between the parties.