Supply conditions

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.

B. PRICES

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.

C. ORDERS

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.

F. PAYMENTS

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.

H. TRANSPORT

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.

I. INVOICING

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.

K. GUARANTEE

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.

  1. 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:

  1. 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;
  2. b) the defect that caused the damage did not exist at the time when F.lli Della Marca S.r.l. delivered the goods;
  3. 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;
  4. (d) the products have not been used by properly informed and trained personnel;
  5. (e) the injured party, although aware of the defect or the danger arising therefrom, has unintentionally been exposed to it;
  6. (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.

P. COMMUNICATIONS

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.

A. SUPPLY SUBJECT

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 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. CHANGES AND CANCELLATION OF ORDERS

Orders in progress cannot be modified except with the written consent of F.lli Della Marca S.r.l. and upon agreement by the parties on possible adjustments to the prices charged. Orders in progress can only be canceled with the written consent of F.lli Della Marca S.r.l. and after payment of the cancellation fees of 25% of the total order. F.lli Della Marca S.r.l. reserves the right, however, not to accept variations of the order already acquired, both quantitative and qualitative, requested by Purchaser.

E. GENERAL SUPPLY CONDITIONS

Are valid those shown and described on our order confirmations.

F. PAYMENTS

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's F.lli Della Marca will not give right to the Purchaser of deferral or suspension of payments and / or to their failure to perform.

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.

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 the goods, under penalty of forfeiture, must be sent in writing within 8 days from the date of receipt of the goods.

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 ascertaintaintainable.

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.

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 the 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.

Viale Arcangelo Ghisleri, 40-42 – 00176 Rome (Italy)

VAT number/Fiscal code: 05011521001

Tel. (+39) 06 298042 – Fax. (+39) 06 273514

[email protected] - www.dellamarca.it