Supply Conditions

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.

B) PRICES – The prices are “EX WORKS”, except where otherwise agreed in writing and not including: services, charges not mentioned and accessories such as, for example, VAT, special packaging, customs charges, transport, assembly, installation, testing and all expenses related to the delivery, which are always charged to the Purchaser.

C) ORDERS – All the orders will be processed only after receiving the copy of our order confirmation to be returned signed and printed for acceptance of the general supply condition. In case of our specific request in the order confirmation, this document must be accompanied by a copy of bank transfer as payment receipt of any advance.

D) CHANGE ORDER – F.lli Della Marca S.r.l. does not accept changes to orders already received, both qualitative and quantitative that might be requested by the Purchaser.

E) GENERAL SUPPLY CONDITIONS – are valid those shown and described on our order confirmations.

F) PAYMENTS – The payment of supplies should be made within deadline and terms expressly specified in the special conditions of contract, remaining always at the risk of the Customer the transmission of the sums whatever the chosen method of payment. For any reason and no title the customer can delay payments with respect to agreed dates. In the case of our specific request present in the order confirmation, this document must be accompanied by a copy of the bank transfer of accounting, evidence of payment, of any advance. Any complaints of goods will not give right to the Purchaser of deferral or suspension of payments and / or to their failure to perform. F.lli Della Marca Srl will have the right to interrupt deliveries possibly distributed over time, where there have been delays in payments by the Purchaser.

G) DELIVERY – Delivery terms are always indicative and not binding. The delivery may be changed and any delays can’t bring to a dissolution, even partial, of the contract nor to claims for damages or direct and indirect compensation. The delivery will be delayed for intervention fortuitous or force majeure, and to fire or strikes, and for the time strictly necessary. Equipment installation is on Purchaser charge if not differently specified.

H) TRANSPORT – The goods travel at risk of the Purchaser whatever the conditions of surrender agreed and, in particular, the risk is transferred to the delivery of the goods to the carrier even if the carrier had been chosen and appointed by F.lli Marca Srl. Extra shipping costs, speedy or special qualities, and / or other expenses needed to delivery times requested by Purchaser, will be solely at the expense of the same.

I) INVOICES – The invoice will be issued by F.lli Della Marca Srl upon delivery of the goods, and will report, in addition to the conditions and terms of payment, the goods description and the order number.

J) COMPLAINTS AND DISPUTES – The Purchaser is obliged to check the goods immediately upon receipt. 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 incidental differences in the quantity of goods delivered from the order will not give right to terminate the contract or the suspension of payments, but only to the integration of the supply with goods missing. The return of goods must be authorized in any case by F.lli Della Marca Srl. The Purchaser agrees not to use the products possibly defective and report without delay any claims by third parties of which has come known.

K) WARRANTY – F.lli Della Marca S.r.l. warrants its products to be free from defects in material and workmanship, under normal conditions of use and maintenance. The guarantee 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 lasts ONE year (365 days) from the date of delivery shown in DN (delivery note). The guarantee is subject to the complaint within 8 days of delivery for quality defects or other immediately detected, and the complaint within 8 days of the discovery of hidden defects or otherwise not ascertainable at delivery. Warranty time starts from delivery date if not differently specified.

REPLACEMENT OF DEFECTIVE PARTS:
During the period specified above F.lli Della Marca Srl undertakes to provide free, excluding transport costs, those parts which, in its sole judgment, prove defective originally. The replacement must be paid in cash and only after the return of the defective part, and following the functional testing, F.lli Della Marca Srl will carry out the bank transfer for the same amount.

TECHNICAL ASSISTANCE WARRANTY:
a) ITALY – For equipment on the national territory, during the warranty period, F.lli Della Marca Srl also undertakes, if needed, to perform technical interventions in warranty at the customer for free replacement, excluding transfer of technical staff and labor required, of those parts that, in its sole discretion, prove defective originally. In relation to the severity of the intervention and at the discretion of the manufacturer part replacement of defective parts could also take place at the offices of the manufacturer, in this case means excluding the costs of equipment’s transport at the Rome office of F.LLI Della Marca Srl and labor required for intervention, the equipment must be shipped carriage paid by Purchaser and will then be returned carriage forward.

TECHNICAL ASSISTANCE WARRANTY:
a) ITALY – For equipment on the national territory, during the warranty period, F.lli Della Marca Srl also undertakes, if needed, to perform technical interventions in warranty at the customer for free replacement, excluding transfer of technical staff and labor required, of those parts that, in its sole discretion, prove defective originally. In relation to the severity of the intervention and at the discretion of the manufacturer part replacement of defective parts could also take place at the offices of the manufacturer, in this case means excluding the costs of equipment’s transport at the Rome office of F.LLI Della Marca Srl and labor required for intervention, the equipment must be shipped carriage paid by Purchaser and will then be returned carriage forward.

b) FOREIGN COUNTRIES – For equipment sold abroad, during the warranty period, F.lli Della Marca Srl also undertakes, if needed, to carry out technical interventions, under warranty, at its office in Rome for free replacement of those parts that, in its sole judgment, prove originally defective. In this case means excluding transport’s charges of the equipment at the offices of F.lli Della Marca Srl and labor required for intervention, the equipment must be shipped carriage paid by Purchaser and will then be returned carriage forward.

The repair and / or subsequent replacement of the defective part, will not extend the time of the guarantee.

L) WARRANTY EXCLUSIONS– The warranty is void if the customer has failed to meet payments, in the event of tampering or unauthorized modifications, for damages due to external factors such as changes in electrical voltage, wrong use, improper installation and / or installation occurred in unsuitable local places, lack of ordinary maintenance, neglect. The warranty does not cover the electrical or electronic parts, neon tubes and / or lamps, glasses, wear components, gaskets, ordinary maintenance’s service, as well as damage caused by transport. It also excludes compensation for any direct or indirect damage.

M) DISCLAIMER– F.lli Della Marca Srl disclaims any liability for damage to persons, animals or property, as well as in cases where the guarantee is not valid under the previous article for damage to persons, animals or property if:

a) the damage is caused by: negligence and carelessness, improper or wrong use by the Purchaser and / or by the final user of the product; failure, improper or insufficient maintenance; modifications or tampering of the products supplied; incidence of the presence of products, substances or components that, in any way, may affect the functionality, durability, structural characteristics and natural product to be supplied;

b) the defect that caused the damage did not exist at the time when F.lli Della Marca Srl has delivered the goods;

c) the state of scientific and technical knowledge at the time of delivery of the contract goods to the Purchaser, not even allowed to consider the product to be defective;

d )the products have not been used by personnel appropriately informed and trained;

e) The injured party, although aware of the defect or resulting danger, there may be involuntarily exposed;

f) it is indirect damages of any kind (loss of production, loss of profit or sales, machine downtime or production, authority’s intervention, withdrawal from the market, etc …).

In any case, the amount of compensation for any reason or cause, F.lli Della Marca Srl should be charged by the Purchaser and / or third party, depending on the entry into service of the final product, may not exceed the limit of the total value of goods relating to the order which is being disputed.

N) INTELLECTUAL AND INDUSTRIAL PROPERTY– The purchase of the products and their use, directly or indirectly, will not cause the transfer to the Purchasing of any right of industrial or intellectual property on products sold, which will remain in the hands of F.LLI Della Marca Srl.

O) PRIVACY POLICY– The parties acknowledge that the personal data communicated and / or exchanged, even in phase of informative pre-contractual, have formed and will be handled in accordance with the effects and with the purpose of referred to D.Lgs.30 /6/2003 No. 196. The parties undertake to maintain the strictest confidentiality in relation to the information constructive, applicative and commercial products of the Purchaser, of which will be known.

P) COMMUNICATIONS – All communications regarding the execution of the supply will be valid only if made in writing, by fax or e-mail exchange. All communications should be made to the addresses indicated in the header of the order. The parties undertake to give prompt notice of any changes in company data, including bank details, and data required for the accounting of the sale.

Q) CHANGES AND SUPPLEMENTS– Any changes and / or integration will be valid only if agreed in writing form.

R) COMPETENT COURT- For any dispute relating to the execution, interpretation, conclusion and termination of contracts will be the competent court of Rome with the express exclusion of any and all court alternative and / or competitor.

 

                                                                                                          F.lli Della Marca S.r.l.

           (General Manager)