sales and guarantee terms
1. SUBJECT - SCOPE
1.1 These General terms govern the contracts concerning the sale and supply of Opacmare products (hereinafter referred to as Contract Products). These General Terms apply in general to all sales contracts stipulated by Opacmare.
1.2 Without detracting in any way from the general validity of these General Terms, it remains understood that specific written agreements entered into by Opacmare and the Buyer, in the event of conflicting provisions, shall prevail over the former.
2. TECHNICAL CHARACTERISTICS OF THE PRODUCTS
The technical characteristics of Opacmare products, deemed valid for contractual purposes, are as given in the latest catalogue currently in force, for the product models in the current product range. Opacmare reserves the right to make changes to its products or introduce variants, without warning, if deemed necessary to adapt its products to manufacturing or company strategy requirements.
3. ORDERING PROCEDURE
Orders must be transmitted in writing (by mail or fax) to Opacmare S.p.A. Orders placed verbally can be accepted exceptionally, as long as they are confirmed in writing within 24 hours. If they are not, Opacmare shall not be responsible for any errors or misunderstandings as may arise from such orders.
4. DELIVERY
It is agreed that the delivery of Contract Products shall be “free at the Opacmare plant”. When the goods are passed on to the Buyer or the first carrier, the risks associated with the Contract Products are transferred to the Buyer, even if the goods are delivered free at destination or by billing the delivery charges in the invoice; accordingly, no claim on any ground can be asserted against Opacmare for damage, theft, delays and/or any other harmful events taking place during transport. The terms of delivery are always indicative; hence the Buyer is not entitled to demand any sum by way of reimbursement for damages arising from delayed delivery of Contract Products. If a Buyer, having been informed of the availability of the products ordered, fails to collect the products at once or to accept the product being delivered, all the expenses and costs arising from said failure shall be borne by the buyer, subject to Opacmare’s right to seek further damage. Furthermore, if a Buyer fails to collect/accept the products delivered, Opacmare shall be released from any responsibility for the storage of the products.
5. PRICES - PAYMENTS
5.1 The information on the Contract Products contained in Opacmare catalogues and/or price lists hare not binding, and have a purely indicative value, Opacmare reserving the right to change the technical data and the prices of the Contract Products at any time. Unless otherwise specified, the prices quoted in the price lists shall not include packaging, transport and insurance costs, nor any additional charges (taxes, duties, etc.) to be paid for by the Buyer.
5.2 Payments must be made upon delivery, unless otherwise agreed upon in writing. The ownership of Contract Products is transferred to the Buyer when the price of the product has been paid in full. In the event of delayed payment, subject to the seller’s right to request the resolution of the contract and to seek damage, the Buyer shall be under an obligation to pay, as of the date the payment becomes due, interests for late payment at the ABI prime rate valid at that time, increased by 2 percentage points. If the Buyer fails to pay the Contract Products within the established time limits, Opacmare shall be entitled to discontinue at once the execution of any sales contract stipulated with the Buyer until the latter has paid the amounts due in full.
5.3 The amounts of money paid by the buyer before the delivery of the goods will be retained up to 50% of their full value as bargain money and commemcement of payment. These amounts will be considered down payment in case of correct accomplishment from the buyer and as a contrary they will be definitely retained from Opacmare in case of unfulfilment from his side.
6. WARRANTY - TERMS OF APPLICATION
6.1 Within the limits of the provisions given below, Opacmare undertakes to remedy any flaw in the Contract Products due to defective design, materials or processing, for a time period of twelve months of the date of delivery of the products. The existence of flaws or defects shall not entail the resolution of the contract, nor the Buyer’s right to seek damage, or any other right, save for the right to obtain, at the discretion of Opacmare, the repair or replacement of the defective product. In this connection it is expressly agreed that the Buyer shall not be entitled to claim anything from Opacmare, other than in the event of fraud or serious fault on the part of the latter. This warranty does not cover the defects arising from normal deterioration of the Contract Products.
6.2 For the warranty to be effective, the Buyer shall communicate in writing the flaws or defects observed in the Contract Products within 8 days of their delivery: in this connection, if the product are collected by the Buyer at the premises of Opacmare, the 8-day period shall start from that time; if the goods are delivered by a carrier, said period shall start from the date the Buyer signs the consignment note.
6.3 At all events, the Buyers lose their warranty rights if: a) the price is not paid within the established time limits; b) the instructions supplied by Opacmare on the use, installation and maintenance of Contract Products are not complied with; c) the Contract Products are modified without Opacmare’s prior consent; d) the Contract Products are used for purposes other than their intended use.
6.4 The products stated to be defective shall be returned to Opacmare free at destination, with a regular delivery note indicating the carriage note and/or invoice issued by Opacmare. The products stated to be defective shall be returned to Opacmare complete in all parts (including packaging) and in perfect conditions; failing this, any missing part and/or damage shall be charged to the Buyer.
6.5 The warranty under this article shall not include, under any circumstances, transport, shipment, travelling and subsistence costs incurred by Opacmare personnel.
7. COMPETENT COURT
Any dispute as may arise in connection with these General Terms of Sale, or the sales governed by the latter, shall be subject to the sole jurisdiction of the Court of Turin.
Under and pursuant to articles 1341 and 1342 of the civil code, we accept and approve specifically the following provisions: 3. (Ordering procedure) - 4. (Delivery) - 5. (Prices - payments) - 6. (Warranty - terms of application) - 7. (Competent Court)