GENERAL CONDITIONS OF SALE
Nature and effectiveness of the general conditions of sale
These general terms and conditions of sale govern the terms, conditions and modalities of sales and commercial relations between the company OFFICINE D’AMICO S.R.L. (“seller”), based in Cisternino (Br) at C.da Pico, No. 30, VAT No. 01848790745, and its Customers. These general conditions of sale are to be considered an integral and substantial part of any further agreement between the parties. In case of contrasts between these general conditions and other specific agreements between the parties, the latter shall prevail.
In the sole case in which the Customer is a “consumer” within the meaning of D. Lgs. 206/2005 (“the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”) the mandatory provisions of D. Lgs. 206/2005 shall apply; these general conditions of sale and any further agreements between the parties shall apply if they are compatible with the provisions of the aforementioned legislative decree.
Reservation of title
The sale is made subject to reservation of title in favor of the company OFFICINE D’AMICO S.R.L., which therefore remains the owner of the goods until the final payment of the price by the buyer, who may not alienate it, pledge it or transfer it elsewhere.
The Buyer from the moment of delivery becomes solely responsible for any risks of loss, theft, perishing, deterioration and any other risk concerning the goods, even if due to fortuitous event or force majeure, and in such cases will be required to pay the seller the entire balance of the agreed price.
In the event of non-payment by the buyer of a sum exceeding in the aggregate the eighth part of the price, the contract shall be rescinded as of right and in such case the selling company, without the necessity of a default notice, shall be entitled to the return in its own favor of the goods and may take back the delivered goods and/or manufactured goods wherever they may be, even directly on the worksites and even if joined or incorporated with the buyer’s goods. Any sums already paid by the buyer shall remain vested in the seller as indemnity as damage suffered, subject to any excess for greater damage suffered.
Warranty and merchandise dispute
OFFICINE D’AMICO S.R.L. guarantees immunity from defects of the goods sold for a period of one year from the delivery of the same. Notification of any defects must be made, under penalty of forfeiture, within two days of delivery of the goods if they are apparent defects; in the case of any hidden defects, under penalty of forfeiture, within two days of discovery.
Should the goods be delivered on behalf of the customer to other firms for further processing stages, the term for reporting defects shall run from the completion of the previous processing carried out by the company OFFICINE D’AMICO S.R.L.
The warranty is limited to production defects attributable to the company OFFICINE D’AMICO S.R.L. The warranty excludes coverage of possible direct and indirect costs.
Disputes do not exempt the customer from making payment of the invoices at the time established. Any advance payments collected, since the above conditions do not apply, shall be deemed to have been acquired outright. Furthermore, OFFICINE D’AMICO S.R.L. may demand full payment of the price even if the Customer fails to collect the goods.
The Seller assumes no responsibility for the use and installation of its products. In case of accepted dispute, the seller will receive at its premises the defective goods and will provide for their replacement if not repairable; any compensation is excluded and suspension of payment of the agreed amounts is not permitted.
The seller assumes no responsibility for the use and installation of its products. In case of accepted dispute, the seller will receive at its premises the defective goods and will provide for their replacement if not repairable; any compensation is excluded and the suspension of payment of the agreed sums is not permitted.
The warranty in any case does not operate in the following cases:
installation of the products not in accordance with the instructions provided by OFFICINE D’AMICO S.R.L. and/or incorrect use of the same;
installations below -10°C for polyester coated products;
parts of fences that are intentionally left without polyester coatings for reasons related to installation;
damage caused by temperatures above 50°C;
damage caused during storage, handling, processing, installation or after installation of the product. Possible deterioration caused by incompatible products;
Wind damage caused by privacy solutions;
fences installed less than 3 km from the sea;
corrosion due to non-normal levels of aggressive chemicals or highly corrosive environments above Class 3 (ISO 9223);
formation of red rust by less than 2% of the surface area of the entire product coating;
white rust formation, color loss or staining;
for privacy solutions: limited deformation that does not prevent functionality;
superficial rust formation on the surface of the stainless steel component, but without impact on functionality;
direct or indirect damage caused by wind and particularly adverse weather situations such as storms with hail and lightning.
The goods travel at the Customer’s risk. No disputes are accepted except at the time of delivery if this is ex-delivery. For merchandise returned ex-delivery any defects in the merchandise must be disputed upon loading upon leaving the seller’s warehouses; OFFICINE D’AMICO S.R.L. shall not be liable for any other disputes. No disputes will be accepted on material that has already been laid. OFFICINE D’AMICO S.R.L. accepts no responsibility for products used in a manner different from their intended purpose and when installation is not carried out in a workmanlike manner. For a longer life of the product, in case of installation near the sea, it is recommended to wash the fence frequently with fresh water. In the vicinity of the fence, do not use abrasive products (insecticides, herbicides, solvents, etc.) because they may affect the natural conformation of the product.
Prices and payments
Prices refer to the price list in effect at the time the offer is accepted or the order confirmation is issued. OFFICINE D’AMICO S.R.L. reserves the right to adjust the prices of the sale and therefore of the price lists in force in the event of an increase in raw materials, the cost of labor and in the event of any other unforeseeable factor or circumstance and/or unforeseeable circumstances and/or force majeure that causes an increase in production costs. Should such increases occur during the course of the contractual relationship, it is the right of OFFICINE D’AMICO S.R.L. to revise orders in progress and/or orders placed and/or to be placed on the basis of agreements already made.
Payment terms and timing shall be agreed upon in advance between the parties. Payments are to be made without deduction or discount at the seller’s domicile or, if agreed, at another location. In the event of late or non-payment within the agreed terms, the seller will arrange for the recovery of the debt, with interest accruing ex lege.
Returns will not be accepted on goods regularly sold and not disputed within the terms stated above. If a return is agreed upon, the goods must be delivered by the Customer to the OFFICINE D’AMICO S.R.L. premises in excellent condition by the end of the month relating to the transport document (D.D.T.) to which it refers; loading and unloading charges of at least 30% of the price will be deducted.
Returns will not be possible for custom-made or made-to-order items (non-stock material), which must be compulsorily picked up. Any work on standard material will be charged in the price shown on the invoice.
Delivery terms. Unforeseeable events and/or events beyond the seller’s control.
Delivery terms are not essential and are not binding on the seller.
OFFICINE D’AMICO S.R.L. shall not be liable to the Customer for any delay and/or non-fulfillment due to force majeure and/or fortuitous events and/or events in any case unforeseeable and/or other causes not attributable to the seller and/or beyond the seller’s reasonable control, such as, but not limited to, labor actions, strikes, illness or injury of personnel, transportation difficulties, power shortages, natural events, pandemics, wars, street disturbances, seizure measures, embargoes, laws or regulations of any territorial body or administrative authority, non-delivery or delayed delivery by suppliers.
For any delays, the Customer shall not be entitled to claim any compensation, nor shall it be deemed released from its contractual obligations. Should the payment of a sum by way of down payment on the sale have been agreed upon, delivery times shall commence only from the actual crediting of said sum in favor of the company Officine D’Amico S.r.l. The advance payment, if any, must be paid no later than 5 days after receipt of the order confirmation; in case of non-payment of the advance payment by the Customer within the aforementioned term, the contract will be considered terminated.
Shipments and deliveries
Tie-downs and/or metal strapping are for tightening the product and not for lifting or transport and are included in the price. Transportation and/or packaging costs, if indicated, are the responsibility of the Customer. The goods travel at the Customer’s risk. Transportation will take place in compliance with the current Highway Code, with particular reference to Articles 61, 62, 142,164, 167, 174.
In the case of transport paid for by the company OFFICINE D’AMICO S.R.L., the unloading of products must be carried out in locations accessible by truck. The costs of any stopovers exceeding the unloading time shall be borne by the Customer. Should the transport be at the consignee’s expense, OFFICINE D’AMICO S.R.L. shall never be liable for any damage, loss, shortage of material suffered after loading, during transport or during or at the time of unloading, even if containers and/or packaging made available by the seller are used. In the case of collection of the goods at the seller’s premises, the same shall be made within the agreed term or, in the absence or in the case of variations, within the term communicated by the seller. Seller shall not be liable for any damage or other occurrences affecting the goods and their storage after this date. In any case, storage costs or in any case related to the delayed and/or non-pickup of the goods by the Customer or to the delayed and/or non-delivery to the same for reasons attributable to him are to be borne by the Customer.
Applicable law and jurisdiction
The application, execution, interpretation and any other aspect concerning these general conditions of sale, as well as any other agreement between the parties, as well as anything not expressly agreed between them, shall be governed by the Italian Civil Code and any other Italian regulatory provision. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.
Any dispute that may arise with regard to the application, execution, interpretation and any other aspect concerning these general conditions of sale, as well as any other agreement between the parties, as well as anything not expressly agreed between them, shall be devolved to the Italian jurisdiction and to the exclusive competence of the Court of Brindisi.
Directions for the maintenance of the material supplied:
The following will be the rules to ensure long life of the fences:
– know the chemical/physical characteristics of the material;
– periodically perform normal cleaning operations with non-aggressive products;
– schedule maintenance;
– optimal cleaning is to clean with any product for washing delicate surfaces; use a neutral, nonabrasive cleaning product (e.g., use polish of the type used for car bodies);
– the frequency of cleaning is in close relation to the aggressiveness of the atmosphere of the place where the fence is installed: industrial fumes, coal, etc.; chlorine-containing substances (especially present in areas up to 3,000 m from the sea, in compounds of industrial fumes, etc.).
Therefore, two cleaning sequences are recommended:
1 – every 3-6 months in areas with little industrial pollution or far from the sea;
2 – every 1-3 months in areas with high concentration of traffic and/or industrial pollution and/or close to the sea.
The Customer declares to have read and approved these General Terms and Conditions.