General sale conditions
ORDERS AND SALE CONFIRMATION:
Orders sent to Gielle Technoplast Srl by letter, fax, phone or e-mail should be considered accepted and the sale should be considered done at the moment and in the place where Gielle Technoplast Srl gives his acceptance by one of the above mentioned means and according to his terms of acceptance. The sales are done only according to the present general conditions, except di erent written agreements between Gielle Technoplast Srl and the buyer.
Except di fferent agreements, will be applied prices in force, at the moment of the delivery of the goods. The same should be considered free our factory and packing cost will be at Customer’s charge.
Delivery terms are indicative and do not bind us. We will not be obliged to pay any kind of refund for possible damage arising from either delays or interruption or partial/total supply rescission.
Goods, even if free your factory, are always conveyed at the total Customer’s risk. Our guarantee does not cover transport prices and terms. On request we establish transport and insurance contracts only on customer’s name and on his instructions.
Payments must be made at the domicile of Gielle Technoplast Srl to the condition and terms specifi ed in the order; non-payment or delayed payment of even one part of the amount due will result in the forfeiture of the term benefi t of the buyer with the right to Gielle Technoplast Srl to request immediate payment of residual value. Spent the agreed deadline will also be counted interest on late payments. States that the late payment entitled us to suspend, without notice, any provision in the course. This sale is subject to the rules of the sale with retention of the title referred to and following art. 1523 C.C. title of the goods will pass to the buyer only after payment of the price.
Buyer assumes all risk of use of the pieces and Gielle Technoplast Srl shall not be liable for damage and/or claims that may arise from a diff erent use by the buyer.
Any claims must be made in writing within 8 days from receipt of goods. The customer must give clear and precise about the critical dimensions and tolerances, the values are valid for the state at the time of the inspection process. The Gielle Technoplast Srl not respond in any way tampering.
In case of defects Gielle Technoplast Srl will replace defective parts free of charge after the buyer he has given written notice to Gielle Technoplast Srl, substitutions will be made with travel expenses incurred by the buyer, to the exclusion of liability for the customer cost for losses or damages caused by the defect. Gielle Technoplast Srl not be liable for problems and defects arising from normal wear prices for damages caused by improper or incorrect use of pieces. The guarantee given by Gielle Technoplast Srl under this contract will not operate in case of failure to pay even one instalment of the price by the buyer. Supplies or work Gielle technoplast Srl are guaranteed, however , only in the speci fication limits and technical requirements and/or specifi c checks as expressly agreed, for a month after delivery, provided that any defects are reported in 1495 del C.C. as planned.
SOLVET ET REPETE:
The buyer may not bring any claim or objection if it is not in compliance with the agreed payments.
RETENTION OF TITLE:
The sale of this contract is subject to the rule of the sale of the property subject to in art. 1523 C.C, and following with e ffect as the sold under the exclusive property of Gielle Technoplast Srl until full payment of the agreed price. However the buyer assumes the risk from the moment of the delivery. The same also undertake to notify the seller without delay, and some writing of any displacement and/or possible legal proceedings must related to the goods sold. In case of the failure to pay even one instalment that exceed one-eight of the total agree price , the buyer will lose the benefit of the term and the seller. Without any formal notice , may request the entire residual value.
COURT AND APPLICABLE NATIONAL LAW:
Judicial Authority of Milan will have the competence on decision concerning any controversy that could arise. Italian law will be apply for whatever has not been foreseen in the general and particular contract conditions.