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General terms of sale

GENERAL SALES CONDITIONS

1. GENERAL NOTES

1.1 The following general sales conditions are valid for all orders, except for clients with special waivers.

2. OFFERS AND ORDERS

2.1 The only types of acceptable orders are written orders to be confirmed by us, or our order confirmations stamped and signed for acceptance.

2.2 Contract applications are binding for the Client; they are binding for “Everlasting S.r.l.” only after their written acceptance by the legal representative of the Company.

2.3 Offers are valid for 3 months, except for different agreements or price list increases during the abovementioned period. After 3 months it will be necessary to issue a new offer.

2.4 The contract might be suspended, even though previously accepted, in case of variations of the Client’s asset capacity or if the Client is in arrears with agreed payments of previous supplies.

2.5 “Everlasting S.r.l.” will accept the withdrawal of previously accepted orders on the following conditions:

- Without any penalty for withdrawal transmitted within 7 calendar days from order acceptance date;

- With the application of a penalty of 20% of the total amount of the order for withdrawal transmitted over 7 calendar days from order acceptance date.

2.6 The technical data (weights, dimensions, etc.) on the company’s documents (such as price lists, catalogues, etc.) are only indicative and not binding for “Everlasting S.r.l.”.

2.7 If deemed as necessary a/o suitable, “Everlasting S.r.l.” reserves to carry out ameliorative changes on the products without altering their essential features.

2.8 For special appliances a/o Clients’ modification requests (non-standard devices / optionals, etc.) an advance payment of at least 20% is always required at the moment of the acceptance of the order. The amount of the advance payment is anyway always to be determined case by case according to the product on order.

2.9 Any amendment of order confirmations will be accepted if transmitted in writing to our sales offices before the production of the previously confirmed goods starts.

3. PRICES

3.1 Prices are to be understood net, with standard packing included.

3.2 Prices are to be understood ex-works, save different agreements.

3.3 Additional accessories to be added to standard products shall be required and specified on purchase orders.

3.4 The invoice price will be the one indicated on the order confirmation, save different arrangements agreed upon in writing.

4. PAYMENTS

4.1 The payment of the first supply is always required by bank transfer in advance; depending on the case and at the incontestable decision of “Everlasting S.r.l.”, the bank transfer should be carried out either at the moment of order confirmation or before the delivery of the goods. For the following supplies, the methods of payment will have to be agreed upon case by case.

5. DELIVERIES

5.1 All deliveries are ex-works (incoterms®, latest version issued by ICC), not cleared through customs, stamps not paid.

5.2 Delivery times: any delivery date or delivery time is approximate and not binding.

5.3 Any delay due to force majeure (e.g. strikes, power cuts or service interruptions, serious weather events, damages on machineries, etc.) or to any other hindrance not ascribable in any way to “Everlasting S.r.l.” exonerates the Company from any compensation for direct or indirect damages.

5.4 Products are considered to be delivered to Clients when they are entrusted to the forwarder, or to the forwarding agent, or to anybody bearing the responsibility of taking possessions of them. Products always travel at the risk of clients, even if transported by “Everlasting S.r.l” or shipped carriage free. Clients shall not object the possibility of cheaper prices or means of transportation than the ones used to carry out the transport.

5.5 Complaints about packing, quantity, number or external features of the products will have to be immediately notified to the transporter on the transport document, under risk of forfeiture of rights, then notified to “Everlasting S.r.l.” in writing within 8 days from the date of receipt of the products. Complaints about defects that are not immediately detectable by an accurate control at the moment of delivery (hidden defects) will have to be notified to “Everlasting Sr.l.” in writing within 8 days from delivery date, under risk of forfeiture of rights.

6. PACKAGING

6.1 Standard packing cost is included in the sale price (standard packing is on pallet, complete with cardboard, polystyrene and protective polyethylene film).

6.2 Prices for packing in wooden crates or boxes are listed on the Price list in force.

7. RETURNS

7.1 Returns of any material will have to be compulsorily authorized by “Everlasting S.r.l.” and all the related costs will be valued case by case.

7.2 Credit notes will be paid by “Everlasting S.r.l.” after the supply has been totally paid.

8. WARRANTY

8.1 For every supply, “Everlasting S.r.l.” acknowledges a 12-month warranty from the delivery document (DDT) date only on possibly defective components, without any assistance at the installation site of the product. The client detecting the defect must promptly notify it in writing by specifying the type of component and the serial number of the finished product. According to the gravity of the defect and the type of spare part involved, “Everlasting S.r.l.” will decide whether to act within 48 hours by sending the replacement component free of charge. In this case, the client must return the defective part free of charge within the next 30 days; otherwise, the sent spare part will be invoiced.

Alternatively, “Everlasting S.r.l.” will assess the replacement under warranty at its discretion against control of the defective component at its premises. In this case, the client will have to pay for the component sent in replacement and promptly return the defective component free of charge. If the defect of the returned component falls within the warranty terms, the expenses for the component previously incurred by the client will be credited by “Everlasting S.r.l.”.

8.2 Warranty will not be applicable in case of tampering, or technical interventions on the products which were not authorized by “Everlasting S.r.l.”

8.3 In any case of malfunction on our appliances, “Everlasting S.r.l.” will not acknowledge any compensation for direct or indirect damages to people or objects nor for damages to the product stored in the appliance.

9. TESTING

9.1 The appliances produced by “Everlasting S.r.l.” are all tested by respecting all the parameters indicated on the catalogue/price list/ instruction manual of the chosen appliance. Disregard or tampering of parameters will release “Everlasting S.r.l” from liability for the malfunction of the product.

10. ADDITIONAL NOTES

10.1  “Order processing expenses” of € 15,00 in addition to the cost of the ordered parts will be added to every order of spare parts bearing a total net amount of less than € 80,00. Transport and packing costs will be added separately.

10.2  Spare part request will only be accepted if the serial number of the appliance which the spare part belongs to is supplied. This number is written on the silver label applied on the back of the appliance, as well on the instruction manual. As an exception only and under full responsibility of the client, the supply of spare parts might be evaluated against the sending of a picture of the component. In this case, no returns will be accepted.

10.3  Inspection of goods, if required, will have to be agreed upon with “Everlasting S.r.l.” prior to placing the order.

10.4  In case of shipment by container, if required by the client we will take pictures after completion of loading to prove the correct loading of the container (loading quality and quantity of items)

11. APPLICABLE LAW AND JURISDICTION

11.1  Any legal procedure deriving from the sale of our appliances shall be governed and construed in accordance with the laws of Italy and shall be subject to the exclusive jurisdiction of the Tribunal of Mantua.

Everlasting S.r.l. GENERAL SALE CONDITIONS; rev. 2018/06

These general sales conditions annul all the previous and no waiver will be allowed if not expressly accepted by Everlasting S.r.l.

  

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