GENERAL SALES CONDITIONS APPLICABILITY
The contractual relationship following the completion of each order is governed by the provisions contained in these general conditions of sale. The buyer renounces any own general conditions of purchase, unless otherwise agreed specifically accepted in writing by Besenzoni spa.
Besenzoni S.p.a. guarantees from the date of delivery that the products are free from faults, defects in materials and / or manufacture and are fit for their use, as determined by the technical documentation provided at the time of order confirmation. In the event of faults and / or defects affecting their functional use of the obligation of our company is understood the conditions set forth in our Terms of Warranty and Besenzoni will replace or repair (partially and / or totally) the defective products at its sole discretion. The costs of transportation, hauling, launching, panels removal and re-installation and all related costs of the intervention implementation will be in any case charged to the customer.
The purchase order is irrevocable for the acquiring party and it comes into effect when the buyer receives formal confirmation from Besenzoni S.p.a. Once confirmed, the purchase order can not be cancelled without the prior written consent of Besenzoni S.p.a. In this case Besenzoni S.p.a. has the right to request a reasonable compensation for costs and expenses incurred by having started the execution of the order. The Customer agrees to provide any data or documentation, necessary for the full definition of the order. Orders for products that require customized tool construction total or partial, will be considered accepted only after approval and return signed by the Principal of technical drawings
The prices indicated in the catalogues / price list have a merely indicative value and are subject to change during the validity of the catalogues / price list themselves because of rising production costs. Once confirmed with the procedures established by art. 2, the budgeted sales prices in the order shall become binding, subject, in each case, the occurrence of increases in production costs unpredictable and beyond the control of Besenzoni S.p.a. In this case Besenzoni S.p.a. will communicate the price increases to the buyer stating the causes. The prices shown on the order confirmation, are exclusive of packing, shipping, taxes and other expenses. The prices for non-standard products with special construction, if not predictable, will be considered and accepted as per final value.
Besenzoni S.p.a. is not responsible for delays or failure to imperfect execution of this contract caused by force majeure. Force majeure is understood every event is not dependent on the will and capabilities of the Parties and which is not subject to their control and, having the nature of absolute unpredictability and insurmountable. Are considered as such, without this enumeration has exhaustive. Force majeure shall suspend the execution of the contract only for the duration of the episode that determines it, and the part he intends to rely must, however, immediately inform the other party by registered letter, e-mail or fax. They can not, however, be considered to be related to Besenzoni S.p.a. any delays in deliveries due to changes in progress required by the buyer. It is understood, however, that in case of possible liability for Besenzoni S.p.a. the same answer as the limit of the value of the goods covered by the order. The forecasts for the delivery will be made with the assumption that there are no irregularities in supplies of materials required, delays or transport difficulties, failure to comply with the terms of payment for previous deliveries though, plant breakdowns, accidents caused by natural forces, strikes , or any other obstacle to the manufacture and delivery, regardless of whether those events affect our factory or our supplier companies.
5. Delivery of goods
It is up to the recipient to make the appropriate reservations, claims or actions against the carrier, it is not our company in any way responsible for any failure or damage, occurring after delivery of the goods to the carrier. All the shipments are in charge of the customer, also in the case of using our vehicles, unless special arrangements defined from time to time. The packages needed for delivery by freight companies will be invoiced.
6. Penalty for uncollected goods
If Besenzoni S.p.a. has communicated in writing to the Buyer that the goods are ready for delivery, and within 10 (ten) days after receipt of such notice by the Purchaser he doesn’t have collected or arranged the picking up or not, has made possible due to their delivery attributable to it, the Purchaser shall pay, for each week of delay after the 10th (tenth) day after receipt of such notice, a penalty of an amount equal to 1% (one percent) of the value of the undelivered Products, up to a maximum amount equal to 20% (twenty percent) of the value of the goods not delivered. After the 31 (thirty) days after receipt of such notice by the Purchaser without collecting the goods, Besenzoni S.p.a. may terminate the contract pursuant to and for the purposes referred to the art. 1456, holding a penalty amounts up to that point may have been paid by the Buyer, and reserves the right to claim compensation for further damages caused by the Purchaser
7. Payment delay or Nonpayment
In the case of advance payment to be paid by the Purchaser upon completion of the order to Besenzoni S.p.a., latter reserves the right, without any sum which may be recognized to the Purchaser by way of penalty or compensation damages, to cancel the order in case of delay of the payment of more than ten (10) days from the signing date of the order confirmation. In case of failure of timely payment deadlines resulting in the invoice the Purchaser shall pay default interest pursuant to Legislative Decree 231/2002. Remains unaffected the right of Besenzoni S.p.a. to the compensation for the more damages caused by the nonpayment of the Buyer.
8. Reserve of Property
All sales are always executed with the precise condition of private ownership of the materials, until they are fully paid, with the opportunity for our company to claim in any case the materials not paid.
Payments must be made on the due date and the conditions listed in the order confirmation granted. No deduction will be recognized by us on the amount of the invoice, if not accepted by us in writing. Invoices will therefore not be stated as receipted until the payment for the full amount has been received. After the deadline for payment shall accrue commercial interests because of the current bank rate.
CLAIM AND WARRANTY
Complaints and Warranties
If the goods supplied result useless for the effects of material or other causes attributable to us, the claim must be submitted in writing by registered mail within a maximum period of 8 days from receipt of the material. After 8 days of receipt of goods, complaints are not accepted and the Buyer loses all rights and actions in this regard. If the claim is timely and well founded, the obligation of our company is understood the conditions set forth in our Terms of Guarantee and of any liability in the event, however, Besenzoni S.p.a. will answer in the limit of the value of the goods covered by the order. The replacement of the material takes place only after receiving return the rejected goods.
Any dispute: a) for supplies in Italythe ordinary Italian Judicial Authorities is competent, specifically the Court of Bergamo. b) for supplies outside Italy, the Arbitration of the International Chamber of Commerce is competent.
Besenzoni S.p.A. commits itself to recover to any defects of products, that are the effect of a lack of design and materials for the duration of 12 months from the delivery date or date on sale document; in any case extra costs are not considered – as for example: launch of the boat cost, panel removing cost, travelling expenses and transfer charges, that will be at the sole expense of the buyer. In the event the product is defective, the buyer has the right to claim, at Besenzoni S.p.A.’ s discretion, the repair or substitution of the product, but all problems which are the result of normal deterioration of product or lack of maintenance are not covered by the warranty. The warranty is valid if the buyer informs, in writing, any defects of the products within 8 days from the date of shipment by registered mail or Certified e-mail. For the warranty starting date we consider the collection date at Besenzoni S.p.A. or the date of shipment. Upon receipt of notification, Besenzoni S.p.A. will communicate a return material authorization number, that must be written on the delivery note of the product. The product must be sent freight prepaid to our company branch in Paratico (BS), Via Foppe 13, with proof of selling or selling invoice of Besenzoni S.p.A. The products must be returned complete in each part, in the original packagingand in perfect condition; any defects or damage will not be charged to us and the recovery will charged to the buyer. The warranty covering expires if the product has been used improperly or not properly stored and/or assembled or in case of different use not officially authorized by Besenzoni S.p.A.