Warranty And Conditions Of Supply - OP TUBOMATIC H48 EL Manual De Uso

OP
S.r.l.
25131 BRESCIA - Via Serpente, 97 - Tel. 030/3580401 - Fax 0303580838
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(Standard purchasing conditions defined by ASSOFLUID, CETOP member)
The supply contract comes into force upon written confirmation from the supplier of acceptance of the order.
The customer, before drawing up the contract, is obliged to inform the supplier about particular standards which need to be
complied with in the country of final destination of the goods.
Exclusions:
Unless otherwise agreed in writing, the system design, the installation of equipment supplied, special testing,
training courses, start up assistance and all services and costs not mentioned in the supplier's written confirmation of acceptance
of the order shall not be considered included in the supply. Likewise the costs of taxes, stamp duties, customs expenses, duties
and any other extra expenses shall not be included in the prices unless otherwise stated in the supplier's written confirmation of
the acceptance of the order.
Delivery:
Unless otherwise agreed, the supplies will be delivered ex works.
With hand over of the equipment to the customer or carrier, the supplier shall be released from the delivery obligation and all
risks on the equipment itself shall pass to the customer even in the event where the supplier is responsible for the despatch or
installation.
The delivery deadlines shall be regarded as an indication and shall be reckoned in working days. Unless otherwise agreed
by the parties, the deadlines shall start to run from the moment of conclusion of the contract, unless the customer pays part of
the price in advance; in this case the delivery deadlines shall be suspended until the payment has been carried out.
It shall be understood that the delivery deadlines are automatically extended:
• If the customer does not supply in due time the data or materials necessary to the supply or requests changes during
execution or, even, delays in meeting the request for approval of the drawings or working diagrams.
• If causes independent of the goodwill and diligence of the supplier, including sub-contractor delays, impede or render
excessively difficult delivery within the terms established.
In the event that the customer is not in order with payments relating to other supplies the delivery terms shall be suspended and
the supplier may delay deliveries until the customer has paid the amount due.
In the event of the customer's failure to take delivery of the products for reasons attributable to him or for reasons independent
of the supplier's will, the customer shall bear the risks and expenses for their safe keeping.
Payments:
Unless otherwise agreed, payments shall be made by the customer within the terms outlined in the
written confirmation of acceptance of the order at the supplier's domicile or at a bank indicated by him. In the event of delay,
the customer shall be bound to pay interest on arrears which shall be calculated automatically, without the need to set up any
formal or legal action for the default, at the official discount rate of the country of the supplier plus three points. In any case the
supplier will reserve the right to request compensation for damages suffered and the cancellation of the contract. Any disputes
which may arise between the parties shall not release the customer from the obligation of observing the payment
terms and conditions.
Guarantee:
The supplier guarantees the conformity of the products supplied, which shall mean that the products
are without defects in the materials and manufacturing and that they meet the provisions of the contract between the parties.
The guarantee is valid for one year from the date of delivery of the products and, for replaced products or components, from
the day of their substitution.
Within this period the supplier to whom the customer has reported in writing the existence of defects - no later than eight
days from the delivery for evident defects and eight days from their discovery for hidden defects - shall undertake, at his
choice – within a reasonable term according to the extent of the objection – to repair or replace free of charge the products or
parts thereof which proved to be defective.
The return of the defective goods should always be authorised by the supplier in writing. Furthermore the goods must be
returned in their original packaging.
The substitution or repairs shall as a rule be carried out ex works: the costs and risks for transport of faulty products
shall be at the customer's expense. However, if the supplier, in agreement with the customer, deems it more appropriate to carry
out the necessary work for substitution or repair on the customer's premises, the customer shall sustain the travelling and
accommodation expenses of the technical staff made available by the supplier and shall supply all means and auxiliary staff
requested for carrying out the operation in the quickest and safest way. The guarantee will terminate whenever the products
have not been correctly assembled or used, or have received insufficient maintenance or have been modified or repaired without
the supplier's permission. The supplier is not responsible for conformity defects of the products due to the normal wear and tear
of all the parts that are, by nature, subjected to quick and constant wear.
Supplier responsibility:
regards the features and performances expressly indicated by him. He shall not, however, assume any liability for any faulty
operation of machines or systems made by the customer or third parties with components from the supplier.
In any case, except for the cases governed by Presidential Decree dated 24 May 1988, no. 224 and the provisions of art. 1229 of
the civil code, the customer shall not request compensation for indirect damages, loss of profits or production, nor shall claim
compensations exceeding the value of the goods supplied.
Reservation of ownership
the price agreed upon.
Termination clause:
declaration written by the supplier that he wishes to avail himself of this express termination clause if the customer: omits or
PURCHASING CONDITIONS
the supplier shall be solely responsible for the good operation of the product supplied as
:
the supplier shall retain ownership of the products supplied until full payment of
The supply contract shall be terminated automatically in accordance with art. 1456, with a simple
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