General terms and Conditions of sale
1. General Provisions
2. Offers and Orders
3. Prices and Terms of Payment
4. Terms of Delivery
(c) Any liability to supply as a result of force majeure or other unforeseen incidents outside the Seller responsibility including, without limitation, strike, lock out, acts of public authorities, subsequent cease of export or import opportunities shall, for their duration and in accordance with their impact, relieve the Seller from the obligation to comply with any agreed time for delivery.
(d) The Seller is not obliged to accept the Products returns, unless otherwise agreed in writing. Any costs arising thereof shall be at the expense of the Buyer.
(e) Unless otherwise expressly agreed, delivery place of the goods are intended at C.S.I. S.r.l.’s warehouse located at Casanova Lonati (PV) loaded on transporter vehicle of the buyer.
5. Duty to Inspection and Acceptance of Products
(i) check quantities and packaging of the Products and record any objections on the delivery note; and
(ii) conduct a conformity check on the Products compared to the data indicated in the confirmation of order and record any objections on the delivery note.
(b) In case of a notice of defect the Buyer shall comply with the following procedures and deadline:
(i) the notification shall be made by no later than (3 (three) working days) from the taking possession of the Products by the Buyer. In the event of an objection to a defect which, despite a first inspection has remained undiscovered, the objection must be raised within the early of the expiry of the working day on which the defect has been discovered but in any event by no later than (2 (two) weeks) after take over of the Products;
(ii) the detailed notice above mentioned shall be delivered in written form to the Seller within the deadlines. Any notice by telephone conversation shall not be accepted;
(iii) the notice must clearly specify the kind and amount of the alleged defect;
(iv) the Buyer agrees to make available for inspection the objected Products; such inspection shall be done by the Seller or by any expert designated by the Seller.
(c) No objections with regard to the quantities, quality, type, and packaging of the Products shall be possible unless a note has been placed on the delivery note in accordance with the above mentioned procedure.
(d) Any Product to which objection shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer.
6. Terms of Warranty
(b) The warranty shall be valid only on the products used in suitable environment and for suitable applications in appliance with technical specifications forwarded by the Seller; every improper use of the products is forbidden
(c) The warranty shall not be valid if the defect or not conformity will prove to be depending on not correct on not suitable applications of the product, or if the product has been uncorrectly placed in operation. Any change or replacement of product parts, which has not been authorized by the Seller releases the manufacturer from any civil or penal liabilities, and makes the warranty unvalid. The warranty does not cover the normal products parts subject to consumption.
7. Limitation of Liability
(b) The Seller shall do its best endeavor to deliver the Products within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the Products.
(c) Catalogues, price lists or other advertising matters of the seller are only an indication of the type of Products and no prices or other information contained herein shall be binding for the Seller. The Seller does not accept any responsibility for errors o omissions contained in its price lists or promotional matters.
8. Controversy right
9. Retention of Title
(b) If in the Country of the Buyer’s domicile for the validity of the retention of title for the benefit of the Seller it is necessary to fulfil some administrative or legal formalities as, without limitation, to file the Products with the public registers or to affix particular seals on them, the Buyer shall cooperate with the Seller and shall do its best effort for carry out all the necessary actions in order to obtain a valid retention of title right on the Products for the benefit of the seller.
10. C.S.I S.r.l.’s Intellectual Property
Any other utilization of the C.S.I. S.r.l. Intellectual Property by the Client, if not expressly granted by C.S.I. S.r.l. in writing, will be considered an infringement of the exclusive rights of C.S.I. S.r.l., and a breach of contract, and will be therefore prosecuted.
b) The documents, drawings, data and information (both in written papers and on electronic support) which should be delivered to the Client, remain exclusive property of C.S.I. S.r.l. and constitute a support for a better representation of the product and are significant of the general performances of the product itself.
The Client engages itself not to reproduce them, neither to disclose them to a third party, and he engages himself to undertake the proper precaution towards.
11. Data Protection Law
12. Applicable Law
(b) On the contrary, in case of the Buyer is a subject having a nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the International Sale of Goods.
b) It is agreed between parties that the Seller, at its own discretion, may have the faculty to waive the exclusive jurisdiction set forth in paragraph (a) to bring an action against the Buyer in its domicile and before any court of competent jurisdiction.
14. Final Provisions
(b) The present General Terms and Conditions of Sale have been drafted in both Italian and English languages. In case of problems of interpretation the Italian version shall prevail.
Pursuant articles 1341 e 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1 (b) – Applicability of the General Terms and Conditions of Sale to all the transactions; Art. 3 (d) – Non payment in the terms and opening of insolvency proceedings; Art. 3 (e) – No right to make compensations, retentions or reductions; Art. 4 – Terms of delivery; Art. 5 – Duty to inspection and acceptance of products; Art. 7 – Limitation of liability; Art. 8 – Retention of title; Art. 10 – Applicable Law; Art. 11 – Jurisdiction.