LA RICAMBI UDINESE SRL

Legal and operative address is Udine, Via Longarone 34/1-2 – VAT 00157430307

GENERAL SALES AND CONDITIONS

Following general sales conditions complete our product sales contracts and are intended known and accepted by the Customer (successively named the Buyer) at the performing of the sale/order. These conditions are valid even with telephone/verbal/fax/internet/e-mail or other way order. Orders arrived at La Ricambi Udinese srl (successively named the Seller) are considered accepted only if Buyer accepts and approves the sales conditions here written. This approval may be confirmed even with the simple acceptance of the first goods delivery by Seller side.

1 - CUSTOMERS

Seller sells in Italy and abroad, via internet or other ways, products and goods manufactured by third parties. In case of selling to professional customers, the relation between Seller and Buyer isn’t governed by Consumer Protecting Laws, particularly Italian regulation D.Lgs. 185/99 (distance contracts), D.Lgs. 50/92 (receding contract), D-Lgs. 24/2002, L. 126/1991 and art. 1469 and following.

2 - PRICES

Prices indicated in Seller offer and/or order confirmation are always meant quoted in Euro (€) and are VAT , shipping, custom clearance fees and other taxes excluded, making exception for different agreements between parts. Prices may change without notice.

3 – OFFER REQUESTS AND OFFER

Offer requests sent to us by Buyer, even through e-mail or via our internet site, not represents in any case a “buying order” . Following these offer request, Seller will supply all the informations object of the request and propose adequate offer, that will be considered accepted only with Buyer order receipt, even through fax, e-mail or simple phone call. Seller order confirmation will follow to Buyer order.

4 – SHIPPING AND FORWARDING

Seller prices are always ex-works (EXW – Incoterms 2000) our warehouse in Udine, making exception for different agreements between both parts. Seller in any case can be considered responsible for any damage/delay on the goods from the moment in which the goods leave its warehouse. Making exception from special requests from Buyer, goods will not have any insurance protection for the shipping. Buyer, at good receipt, will have to verify packages integrity, response with quantity and quality of the goods with what indicated in the shipping bill/shipping documents/packing list. In case of non equivalence with what written on the documents, this discrepancy must be indicated by written message to our company in not more than 24 hours form the delivery date.

5 – DELIVERY

Indicated delivery terms in our order confirmation is not binding and it must be considered as an indication only. In case of acts from Force Majeure or due to events in which our company is not responsible (war, fire, extreme weather conditions, strikes or other disturbances), the delivery terms are automatically postponed for a time period equal to the period due to disturbance. In case of goods not collected by Buyer in a period of 7 days from the communication of goods ready to be collected, Seller will reserve to itself the right to charge the Buyer with relating storage costs.

6 – INVOICES AND PAYMENTS

Claims concerning invoices will be accepted solely if received at our Headquarter via written communication (fax or Registered Letter) in 8 days from the invoice receipt date. Invoice payment delay, even partial, in respect to the agreed payment terms, will give way to immediate starting of default interest calculation, they’ll be calculated at the official interest rate plus 7 points. Moreover the delayed or missed invoice payment, for whatever reason, will cause the immediate request of payment of the other supplies, and/or it’ll cause the suspension or the closing of the selling contract and the cancellation of other orders if presents, without giving way to any claim or amendment request from Buyer.

7 – CLAIMS

Within 8 days from goods receipt Buyer must advise immediately our Company for claims concerning goods quantity and quality. Once elapsed this period of time, claims won’t be contemplated.

8 – RETURNS HANDLING

Products may not be returned for any reason without prior written authorisation and shipping instructions from Seller. Goods returned back for commercial reasons, or for reasons not connected to products failures, once accorded with Seller, will be accepted only within 30 days from the buying act. Once passed this period of time, in case of goods return accepted by our company, it will be emitted a Credit Note on what concerned in the invoice, with a 20% devaluation.

9 – WARRANTY

Products manufactured by third parties and sold by Seller are covered by the warranty offered from the manufacturer following their warranty conditions and regulations. No other warranties are consequently given, explicit or implicit, in exception from what offered from the manufacturer.
Goods defects/faults due to natural wear, manumissions, misuse, abuse, wrong montage/improper installation, application, operation, maintenance or repair, accident, negligence in use, storage, transportation, handling or other neglicence of Buyer are excluded from the warranties. Seller will activate to warrant goods used in normal conditions for one year from the date of delivery. Normal use is to be considered properly installed and maintained and for an 8 hours/day period, higher use will reduce in proportion the warranty period. Warranty is limited to acknowledged defected/faulted goods replacement. The warranty won’t cover for no reasons defects due to natural wear, misues, neglicence of Buyer and other causes as above listed. Contract terms achievement loss, in particular for what concerns payment terms, will cause immediate loss of warranty and the right for Seller to not operate any replacement. Warranty is not transferable to third parties.

10 – LIMITATION OF LIABILITY

In no event will Seller be liable for any damages, incidental, special, consequential or otherwise including loss of profit, remanufacturing costs and rework costs, and lost buyer product costs (other than the replacing of the sold goods as from conditions expressed at point 9) whatever the claim (tort, breach of contract or warranty or otherwise) and whatever the forum, weather arising out or for in connection with the manufacture, packaging, delivery, storage, use, misuse or non-use or resale of any other cause whatsoever. Without limiting the generality of the foregoing, in no event will Seller be liable for any losses or damages in excess of the price paid to Seller with respect to the products and services sold to Buyer under these terms and conditions.

11 – FORUM AND LAW THAT RULES THE CONTRACT

For whatsoever controversy the competent forum will be the Udine forum, official language will be Italian and the laws followed and applied will be the Italian laws