Following the supply conditions of FDM
A. SUPPLY OBJECT
This contract is related to the goods described in order confirmation only, excluding any further goods, activity or service not expressly contemplated in the order.
Prices are ex works unless otherwise agreed in writing and do not include services and charges not mentioned and accessories such as, for example, VAT, special packaging, customs duties, transport, assembly, installation, testing and all delivery costs that are always borne by the Buyer.
All orders will be processed only after receipt of a copy of our order confirmation duly completed and signed for acceptance of the general conditions of sale. In case of our specific request in the order confirmation, this document must be accompanied by a copy of the bank transfer accounting proving the payment of any advances.
D. CHANGES AND CANCELLATIONS OF ORDERS
Orders in progress may not be modified except with the written consent of F.lli Della Marca S.r.l. and subject to the agreement of the parties regarding any adjustments to the prices charged. Orders in progress may be cancelled only with the written consent of F.lli Della Marca S.r.l. and subject to payment of cancellation fees equal to 25% of the total order. F.lli Della Marca S.r.l. reserves the right, however, not to accept changes to the order already acquired, both quantitative and qualitative, requested by the Buyer.
E. GENERAL CONDITIONS OF SALE
The ones indicated and reported on our order confirmations are valid.
The payment of the supplies must be made in the manner, with the deadlines and terms expressly specified in the particular conditions of the contract, always at the risk of the customer the transmission of sums whatever the method of payment chosen. For no reason and for no reason the customer may defer payments from the agreed deadlines. In case of our specific request in the order confirmation, this document must be accompanied by a copy of the bank transfer accounting proving the payment of any advances. Any disputes about the goods will not give the buyer the right to deferral or suspension of payments and / or their failure to execute. F.F.-F.I.-F.I.-F.I.-F.I.-F.I.-F.I.-F.I.-F.I.-F.I.-F.I.F. will not give the right to the Purchaser to deferral or suspension of payments.
G. DELIVERY TERMS
The delivery terms are always indicative and non-binding. The delivery term may be modified and any delays may not give rise to termination, even partial, of the contract or even to claims for damages or direct or indirect compensation. The delivery term may be postponed for intervention of accidental causes or force majeure, and for fires or strikes, and for the time strictly necessary.
The goods always travel at the risk and peril of the purchaser, whatever the agreed conditions of return and, in particular, the transfer of risk takes place with the delivery of the goods to the Carrier even if the Carrier has been chosen and appointed by F.lli Della Marca S.r.l. itself. The extraordinary shipping costs, fast or of particular quality, and/or other expenses necessary for delivery times requested by the Purchaser, will be borne exclusively and in full by the same.
The invoice will be issued by F.lli Della Marca S.r.l. upon delivery of the goods, and will include, in addition to the conditions and terms of payment, the description of the goods and the order number.
J. COMPLAINTS AND DISPUTES
Any complaints regarding the quality and quantity of the goods, under penalty of forfeiture, must be sent in writing within 8 days from the date of receipt of the goods. any discrepancies in the quantity of goods delivered with respect to the order will not give the right to terminate the contract or suspend payments, but only to integrate the supply with the missing goods. the return of the goods must in any case be authorized by F.lli Della Marca S.r.l. The Purchaser agrees not to use any defective products and to use any defective products and to suspend payments. the Purchaser agrees not to use the same.
F.lli Della Marca S.r.l. guarantees its products free from any defect in materials and workmanship, under normal conditions of use and maintenance. the warranty is valid and effective only if the product has been subjected to normal use and according to the specifications of use and installation provided by the manufacturer. the warranty is valid only for the direct customer of F.lli Della Marca S.r.l. and is not transferable to third parties. the warranty lasts one year (365 days) from the date of delivery shown in the DDT. the warranty is subject to any defect, in materials and workmanship, in the normal conditions of use and maintenance. the warranty is valid only if the product has been subjected to normal use and according to the specifications of use and installation provided by the manufacturer.
REPLACEMENT OF DEFECTIVE PARTS:
During the above mentioned period, F.lli Della Marca S.r.l. undertakes to supply free of charge, excluding transport costs, those spare parts which, in its unquestionable judgement, prove to be defective at origin. The spare part must be paid for on delivery and only after the return of the defective part, and following the functional check, F.lli Della Marca S.r.l. will make the bank transfer for the same amount.
TECHNICAL INTERVENTIONS UNDER WARRANTY:
a) ITALY - For the equipment present on the national territory, during the warranty period, F.lli Della Marca S.r.l. also undertakes, if necessary, to carry out technical interventions under warranty at the Customer's premises for the free replacement, excluding the costs of transferring the technical personnel and the necessary labour, of those parts which, in its unquestionable judgement, prove to be defective at the origin. in relation to the seriousness of the intervention and in the unquestionable judgement of the manufacturer, the intervention of free replacement of the defective parts may also take place at the manufacturer's premises, in which case they are understood to mean the free replacement of charge at the manufacturer's premises, in this case they are intended as follows: "F.lli Della Marca S.r.l. undertakes to carry out technical interventions under warranty at the Customer's premises for the free replacement of charge, excluding the costs of transferring the technical personnel and the necessary labour, of those parts which, in its unquestionable judgement, prove defective at the origin.
- b) EXTERNAL - For equipment sold abroad, during the warranty period, F.lli Della Marca S.r.l. also undertakes, if necessary, to carry out technical interventions under warranty at its headquarters in Rome for the free replacement of those parts that, in its sole discretion, prove to be defective at the origin, in which case are understood to exclude the cost of transporting the equipment to the headquarters of F.lli Della Marca S.r.l. and the labor required for the intervention, the equipment must then be shipped from the headquarters of F.lli Della Marca Srl.
The repair and/or subsequent replacement of the defective component will not extend the warranty period.
L. WARRANTY EXCLUSIONS
The warranty does not cover electrical or electronic parts, neon tubes and/or lamps, glass, components subject to wear and tear, gaskets, ordinary maintenance operations, as well as damage resulting from transport. the warranty also excludes compensation for any direct or indirect damage.
M. EXEMPTION FROM LIABILITY
F.lli Della Marca S.r.l. declines all responsibility for damage to persons, animals or things, as well as in cases where the warranty is not in force under the previous article, for damage to persons, things or animals if:
- a) damages are caused by: negligence, carelessness, improper use or misuse by the Buyer and/or by the end user of the product; lack of, incorrect or poor maintenance; modification or tampering with the products supplied; incidence of the presence of products, substances or components that, in any way, may affect the functionality, durability, structural and natural characteristics of the product being supplied;
- b) the defect that caused the damage did not exist at the time when F.lli Della Marca S.r.l. delivered the goods;
- c) the state of scientific and technical knowledge, at the time of delivery of the contractual products to the Buyer, did not yet allow the product to be considered as defective;
- (d) the products have not been used by properly informed and trained personnel;
- (e) the injured party, although aware of the defect or the danger arising therefrom, has unintentionally been exposed to it;
- (f) indirect damage of any kind (loss of production, loss of profit or sales, downtime, official intervention, withdrawal from the market, etc.).
In any case, the amount of compensation that for any reason or cause, F.lli Della Marca S.r.l. should be required to pay to the Purchaser and/or third parties, depending on the putting into circulation of the final product, may not exceed the limit of the overall value of the goods relating to the order under dispute.
N. INDUSTRIAL AND INTELLECTUAL PROPERTY
The purchase of products and their use, direct or indirect, will not give rise to the transfer to the purchaser of any industrial or intellectual property right on the products sold, which will remain in the hands of F.lli Della Marca S.r.l.
O. PROTECTION OF PRIVACY - CONFIDENTIALITY
The parties acknowledge that the personal data communicated and/or exchanged, even in the phase of pre-contractual information, have formed and will be processed pursuant to and for the purposes and effects of Legislative Decree 30/6/2003 No. 196. The parties undertake to maintain the strictest confidentiality in relation to constructive, applicative and commercial information of the Buyer's products, of which they will become aware.
All communications relating to the execution of the supply will be valid only if made in writing, including by fax or e-mail. All communications must be made to the addresses listed in the header of the order. The parties agree to notify each other promptly of any changes in company data, including bank details, and data necessary for accounting for the sale.
Q. AMENDMENTS AND ADDITIONS
Any modification and/or integration will be valid only if agreed in writing.
R. COMPETENT COURT
For any dispute relating to the execution, interpretation, conclusion or termination of the contract, the Court of Rome shall have exclusive jurisdiction, with the express exclusion of any alternative and/or competing Court.