1. Generality
As for the products’ sale the following general condition of sale are valid. They will be valid also if the customer, in his own conditions of purchaise, deny the validity of this conditions or Trafilco srl would not expressly dispute this circumstance during the conclusion of the contract. The buyer should so give a prompt comunication in case of any change in the operating conditions.
2. Contract
The order placed by the customer is an irrevocable proposal of contract and for the art. 1329 of the civil code such irrevocability ha to be intended established until the delivery. The order will be contrain for Trafilco srl itself later its written order confirmation.
3. Warranty, claims and returns
Warranty on goods is of 3 months starting from the date of receivening of the same: claims for defects, errors of delivery or weight’s differences must be done within 8 days starting from the receiving of the goods or, in case of hidden defects, from the discovery of them.
The acceptance of goods without the written reserve on CMR deny the possibility of any dispute on quantity or differences between what ordered and delivered.
The claim has to specify in details the defects in contrast to the norm EN12449:2016 (releted to chemical composition, mechanical properties, or tolerences of outside diameter, inside diameter, thicknes or straightness) or to what was established between the parts and confirmed with an order confirmation by Trafilco srl (further claims will be rejected)
If it will be decided for a test batch, it wil be consider conform every product with the same caracteristics to the test batch sended by Trafilco srl and not claimed within 5 days.
Return, if not autorized and free of charge, will be rejected. Return should be made exclusively with the agreeded carier. The cost will be accredited to the purchaise price, burdened of the inspection’s costs.
In case of justify claim, in agreement with the customer, it will be:
– changed the goods at the expense of Trafilco srl
– reworked the goods following new agreement
– acknowledged a discount on selling price
– taken back claimed goods and granted a refund, its economic entità will be anyway limited at the value of the claimed gods (further claims will be rejected)
Warranty expires:
– when the product has been modify
– if the buyer would not give back immediatelly the claimed material after seller’s request
– if the buyer would refuse the checking
Warranty does not include:
– the normal wear and tear due to incorect storage into places with inadeguate temperatures
– after the passage of risk for damages caused by neglected or wrong usage, because all shippments are at total risk of the buyer, also if sent with carriage paid or with seller vehicle, following the art. 1510 of civil code
4. Force majeure
They are consider force major: wars, strikes, fires, floods, machine breakages, defects on raw material and every event of whatever genre type which make impossibile to guarante the regular work of raw material or its quality.
In case of force major, the contractual obligations of both parties are suspended and the periods and dates for the fulfilment of contractual obligations are postponed accordingly. At the end of the new delivery date and persisting such situation, both contractual parties are entitled to withdraw from the contract.
The seller affected by a situation of force majeure will not be liable for any damages for failure to deliver the goods.
5. Deliveries – delays
Delivery terms in the offers and in the order confirmations are done considering temporary conditions and are intended baring unforeseen circustamces.
Delivery terms are intended ex work indipendently of yeld of the goods in the order confirmation.
In the case the buyer, before the delivery, asks for a change of the purchaised product, the delivery term is automatically cancelled. It will restart from the new written confirmation and will be extended of a further period considering the changed characteristics required.
According to the article 1510, 2 subsection of civil code, the seller is free from the oblidge of delivery, placing the goods to the carrier or shipper, that is placing at disposal of his local.
In case of delayed delivery, the buyer will be able to terminate the contract only after have sent formal notice with registered letter, with notify to provide for within 30 days.
In case of termination of the contract dute to non delivery, the buyer will be not entitled to get a refund.
6. Quantities
Quantities in Trafilco srl ‘ s order confirmation are approximately and, in whatever unity of measure they are expressed, they will be deemed accepted by the buyer till the tolerance limit of 20%.
7. Prices and payments
Prices shown exclude VAT. All taxes and other costs arising in the recipient country in connection with Trafilco srl’s deliveries and services will be paid by the customer.in the absence of agreements.
If costs of raw material will change of more than 20% Trafilco srl has the right to change the agreed price too.
In case of non payment, the seller has the right to request guarantee or deposits, cancel deferred payments and suspend the supplies or cancel contracts.
The day of fulfillment is the day on which Trafilco srl can dispose of the amount paid. In case of delays, due to faults, periodic penalty payments are applied, without particular prior notice. In addiction, interest in the amount of 9 % annum points above the prevailing base lending rate shall be charged.
Whatever claim give no right to suspend or delay payments.
The seller has the right to suspend or cancel the orders if, in its own unquestionable judgment, guarantee of solvency would come less or be diminished.
8. Retention of title
All goods delivered shall remain our property (goods in which title is retained) until all accounts receivable from purchaser are settled.
9. Data policy
All dealings between Trafilco srl and the customer shall be kept secret and confidential and neither party, except with the prior approval of the other and except as provided herein within the boundaries of the law, shall disclose or divulge to any other any information relating to dealings between Trafilco srl and its customers.
10. Liability
The buyer ensures the accuracy of its company name, its address and VAT. Any eventual change must be comunicate to Trafilco srl. In case of wrong information given by the customer, the buyer will be undertake liable of every taxes paid by Trafilco srl.
In case of double taxation, the buyer will return the one paid by Trafilco srl.
11. Applicable law
With regards to anything not expressly regulated by these Terms and Conditions Italian Law is apply, and is intended of sole and absolute jurisdiction of the Court of Como. Non-applicable shall be the United Nations Convention on Contractsfor the International Sale of Goods.
12. Final dispositions
If any provision hereinor part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of suchprovision or the other provisions herein. Unenforceable or ineffectible provisions will be substituite to enforcable and effectible in the economic spirito f this document and of the law.