Sales conditions

Introduction

These general sales conditions substitute, where applicable, and complete that which has been provided for by the current legislation on the subject. Although not expressly cited, reference must be made to the standard UNI EN 10021: “General technical delivery requirements for steel and iron products”.

1. General provisions

These General Conditions constitute the legal basis of the contracts that were not subject to individual agreements and render ineffective any clause to the contrary, written or unwritten, proposed by the buyer and not expressly accepted in writing by the seller. The goods are guaranteed in accordance with the specifications issued by the buyer in writing; in the absence of these specifications, the merchandise is guaranteed to be within the normal limits of industrial quality.

2. Delivery

The delivery dates are calculated from the date of final acceptance of the order or from the arrival in the seller’s establishment of the specifications and technical information necessary for the production of the order’s material. The delivery dates are respected as much as possible, but are not guaranteed: failure to respect them does not determine the application of sanctions or the payment of damages, and does not allow the buyer to terminate the contract or to consider it terminated for each late delivery. In the case of force majeure (as defined below), the delivery can be moved as a function of the effect that this cause has imposed on the preparation and delivery of the merchandise. All events outside of the reasonable control of the seller are defined as cases of force majeure, including but not limited to: natural events, fires, accidents, transport delays, strikes, and government restrictions, also including the delays of the suppliers of raw material or services necessary for production.

3. Delivery, receipt, transport

The delivery of the material is always considered to be carried out in the seller’s establishment. If it has been agreed to carry out acceptance tests by organizations or persons external to the seller, these tests must be carried out in the seller’s establishment. The costs of the tests, as well as those of the materials used in the tests, will be borne by the buyer if the material is compliant, and otherwise by the seller. In all cases, the seller will carry out the shipping and all of the accessory operations as a deputy for the buyer, who assumes all the risks of this operation. When the material reaches its destination, the buyer must check its conditions, the weight and the quantity or its compliance with the delivery note and notify the seller of any possible claims within the legal terms.

4. Prices

Without prejudice to the base prices established in the order, extra charges and discounts for quality, sections, quantity, treatments, etc. are subject to variations and those in force at the date of delivery will always be applied. Except in the case of explicit agreement to the contrary, the prices do not include taxes and contributions of any kind that could affect the sales operations or the materials, and will be borne by the buyer. If the materials need to be packaged, the packaging will be invoiced separately from the price of the materials.

5. Quantity

Unless otherwise indicated and except for manufacturing needs, we consider the orders to be duly completed, with regard to quantity, when the quantity delivered is included in the following limits.

Weight of the order by section, size, and qualityTolerance (%)
Less than 1 ton± 15%
From 1 to 5 tons± 10%
From 5 to 10 tons± 7,5%
Over 10 tons± 5%

6. Payment conditions

The payment must be made, at the address of the seller, in accordance with the conditions agreed upon with the buyer. Failure to comply with the payment terms will result in the commencement of arrears interest at the “prime rate” plus one point. Failure to comply with the payment terms will also determine, in itself, the forfeit of the term benefit with the obligation for the buyer to pay all sums still due without delay. The seller has the right to suspend the execution of the contract and the shipping of the goods that are still to be delivered. In addition to the arrears interest, the buyer is obliged to pay for any damages and cannot claim compensation for the interruption of the supplies.

7. Warranty and liability

The warranty of the seller for the material sold is limited to its characteristics, as defined by the contract or by the seller’s catalog or, in their absence, in the standards and in the standardization tables used to define the sold material, without in any case arriving at the purpose that the buyer intends to obtain with these materials, even in cases in which their use has been suggested by the seller. The seller’s responsibility, as a function of the aforementioned warranties, is limited to the replacement of the defective material in the shortest possible period of time or to the reimbursement of its cost if the seller has already received the payment, without in any case that any compensation can be requested for the manufacturing expenses nor for direct or indirect damages. To be eligible for the aforementioned warranty, the buyer must file a complaint with the following dates: a) within 8 days following delivery for visible faults or defects; b) within 6 months following delivery for hidden faults or defects.

8. Purchase of finished goods

The seller reserves the right to supplement the provisions with finished material acquired from suppliers that the seller itself has approved and qualified according to its own procedures.

9. Jurisdiction

The Court of Como will be competent for any controversy deriving from the interpretation and execution of this contract, or in any case connected to it.

10. Applicable law

This contract is subject to Italian law.