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General Sales Conditions

1) These General Sales Conditions, unless for possible exceptions agreed upon in writing, regulate the sales contracts of Bimecc Engineering S.p.A.

2) Purchase orders received directly or through authorized sales agents are valid only when they are accepted by Bimecc Engineering S.p.A. with written confirmations; from the date of order confirmation and the execution of the order, Bimecc Engineering S.p.A. reserves the right to make all the modifications that may be considered useful and necessary for the good functionality of the ordered goods excluding that the purchase may arise any right cause for receding or asking any kind of compensation or indemnity of any nature whatsoever.

3) Prices on the current Bimecc Engineering S.p.A.’s price list are intended on ex works basis – EXW; they do include value added tax and transport but they do include packing in standard carton boxes and pallets (80x60x60 cm.). Customized packing must be discussed and will be charged separately.

4) Delivery dates can be postponed and are valid only with a written acceptance by Bimecc Engineering S.p.A. Cancellations of purchase orders of customized products is accepted within 5 working days from date of order. However, Bimecc Engineering S.p.A. reserves the right to charge its customers for all the expenses related to raw materials and/or for special tolls and machineries.

5) The goods sold by Bimecc Engineering S.p.A. is sold with reserve of property in favor of Bimecc Engineering S.p.A. until the whole price has been paid in compliance with art. 1523 and followings of the Italian Civil Code;

6) The transport charges are totally to the charge of the purchaser, unless otherwise agreed by Bimecc Engineering and its customers. Transport costs will eventually be calculated separately and charged in the commercial invoice. Bimecc Engineering S.p.A. reserves the right to decide autonomously and without any responsibility, the terms of shipment; it is understood that goods travel at the purchaser’s own risk, which is expected to safeguard its own interests towards the carrier according to the terms of law; in particular, Bimecc Engineering S.p.A. is not responsible, independently of the shipping and delivery terms, for loss and damages of the goods.

7) The terms of delivery are intended in working days and start from the date of written confirmation of the order; however, they must be considered as merely approximate and, therefore, not binding for Bimecc Engineering S.p.A., which will establish the aforesaid terms according to the demands of its own production cycles; any delay in delivery due to any reason or the eventual partial execution does not give the purchaser the right to recede from the purchase order, or to pretend anything for direct damages, or to delay payment of the supply disregarding the agreed payment terms.

8) Any defects or deformities of the goods must be communicated to Bimecc Engineering S.p.A. in writing, within and not later than 7 days from the delivery of the goods, meaning for this purpose the date the purchaser signs the delivery note; it is however understood that Bimecc Engineering S.p.A. is not responsible for deformities, defects and/or damages caused by unauthorized works and modifications by improper use of the goods.

9) Unless different agreed, Bimecc Engineering S.p.A. guarantees its products for one year from the shipping date, only for defects in projects design or manufacture that can be traced back to it and reported in writing; to this regard, after having verified the defects, Bimecc Engineering S.p.A. reserves the right to replace only the defected parts and, it is also understood, that the value of the guarantee cannot exceed the sum paid by the purchaser for the defective material.

10) Bimecc Engineering S.p.A. does not accept returned goods, unless previously agreed with Bimecc Engineering S.p.A., which, if it is the case, will authorize the return at the customers expenses.

11) Finally, it is understood that the characteristics of Bimecc Engineering S.p.A.’s products listed in our catalogue and web-site are merely indicative with the consequent obligation of the purchaser to check that they correspond to the meaning of use requested.

12) These Sales Conditions are subjected to the Italian Law. For any controversy that may arise regarding their correct interpretation and application, must be discussed by the court of Padua; these Sales Conditions have been drawn up in the Italian language and then translated in other languages with the consequence that, in case of any doubts, only the Italian text will be used to clarify any doubts.