Fara Gera D’Adda, 28/01/2015
SUBJECT: UPDATED GENERAL TERMS OF SALE, THEY REPLACE THE PREVIOUS
These General Terms apply to all sales between FABER S.R.L. and its own Clients, unless otherwise agreed between the parties. Thus, the sales conditions that deviate from these provisions shall not have any effect, if they are not the result of a written agreement between the parties.
1.1 The orders or commitments made by our representatives or agents shall be valid only upon our acceptance or written confirmation.
1.2 The offers and order confirmations can be subject to price revision performed by us in relation to any possible variation of cost that may occur. This is at the discretion of the supplier, which has no obligation to provide justification for costs.
1.3 The offers are not binding in any way since they change until the conclusion of the contract.
1.4 The prices indicated in our price lists and offers do not include VAT and are referred to as "unpacked".
1.5 The prices indicated in our invoices are not binding for subsequent orders.
1.6 Minimum order 100.00 Euro – For invoices below 150.00 Euro management fee 10.00 €.
1.7 Any requests for samples, unless otherwise agreed with the Head Office, will be invoiced at price list.
2. Characteristics of the products
1.2 The data, measurements, articles, prices, characteristics, performance and all other data reproduced in our catalogues, lists, brochures, circulars, etc. are indicative; they may change without prior notice and for us have binding value if expressly stated in the acceptance or confirmation of order. The producer reserves the right to make changes at any time to improve the quality and functionality of its products. The outer shape of the products in this catalogue is for guidance only and may differ from the delivered products.
3. Terms and Conditions for Payment
1.3 Cash rebates, if granted in writing, shall be construed subject to the exact observance of the terms of payment and, therefore, may be revoked in case of delay.
2.3 Except of written derogations, all payments must be made at our headquarters and in Euro. Bank drafts or other means of payment agreed do not imply any changes or exceptions to this rule. In case of delayed payment, failure to comply with a deadline involves the automatic decline of the term and the collectability of the whole amount. As provided by Legislative Decree 231 of 09/10/2002, the payment made later than agreed shall lead to charge of interest on late payments at the current exchange rate of the market, as of the first day of delay, unless prior agreements with the Management and if it is not a constant but an occasional episode.
4. Delivery methods
1.4.Packaging and transportation are the responsibility of the buyer and are invoiced together with the cost price, unless otherwise specified in written. Although defined in the contract, the costs may be subject to any increase that may occur prior to shipment. In case of failure, because our packaging is performed at the state of art, reservations of use and claims shall be made against transporters.
2.4Our goods travel at the risk and responsibility of the client, even if shipped carriage free, as deemed sold in the factory, unless otherwise stated in writing. Therefore, we never guarantee the goods for transport, without the express written request by the client that it abuts the related charge. Any claims against carriers or forwarders are the responsibility of the recipient. Therefore, the delivery of the goods, with further exoneration of any commitment and responsibility, shall be deemed performed by the forwarder or carrier, thus, no discount or rebate can be claimed for errors of the carrier or forwarder in applying the tariff.
3.4 The terms of delivery are always given with approximation and are not binding. FABER S.R.L., , to provide a quality service to its valuable clients, from all points of view, invites you to consider the actual 40 hours of work per week, in the request for the delivery date of the order;for any urgent orders (with delivery within 48h) an increase of 5% shall be applied. Fires, floods, strikes and other force majeure events suspend these terms.
4.4 Our company shall ensure the client that the supply meets the technical requirements, standards and/or specifications indicated in the order, that all materials used are free of defects and/or faults, including hidden, and that processing was performed at the state of the art.
5. Testing of products
1.5 The acceptance tests are carried out in our facility during normal working hours, according to systems used in the industry of the field. Such tests can be performed at the installation site only with our express permission prior written notice. All tests carried out on the initiative of the client have no value for us, if not made in contradiction with one of our technicians.
6. Warranty of products
1.6 Any claims for shortages and/or faults and defects of quality and quantity will not be accepted and recognised by our company if not reported in writing, together with the forwarding of relevant photographs as proof for the complaint in question and shall not be considered valid unless received no later than 8 days from the date of receipt of the goods.
2.6 Any material or manufacturing defects shall be covered by warranty for 12 months from the date of invoice, exclusively limited to the plain and simple replacement of the part. The seller shall replace free of charge and without delay the goods found to be defective due to causes attributable to him only after having received the defective part. Therefore, any transportation or labour costs, damages, interest, and compensation whatsoever shall be excluded.
3.6 In case of our technical service, the warranty extends to the replaced parts.
4.6 The warranty shall be void in case of repairs made to our products by personnel that does not belong to FABER S.R.L. or that is not authorised by our company and, therefore, we shall not be held liable for defects in case our products are not used as intended or are used improperly or without regard to the specific instructions and data sheets. The warranty of our company does not affect at all the plain cost of the value of the goods supplied with defects and does not extend to any claim for damages.
5.6 Procedure to be followed in case of accidents caused by our products: notify the FABER S.R.L. company within maximum 3 days from occurrence in order to open the file with our insurance company - send us the defective part - take photos of the damages and of the part still installed on the system - keep the remnants of the damaged items for inspection performed by the Surveyor of our insurance.
7. Exposed data clause
1.7 Please check the data shown on our documents (name, address, VAT number, social security number, IBAN bank account) by notifying us promptly in case of errors. We shall not be held liable (P. D. 633 of 26/10/1972).
1.8 For any dispute arising from the sale, the contract shall be governed by the Italian law and shall be under the jurisdiction of the Court of Bergamo.