General conditions of sale
Art. 1 – This commission is irrevocable for the buyer for 90 days from the date of signing. Within the same period the supplier reserves the right to accept or reject the proposal. In case of refusal by the supplier, the latter will return to the buyer any confirmation deposit paid.
Art. 2 – If the buyer cancels the contract or refuses to receive the systems and/or machinery sold to him, he must correspond to the supplier within 15 days of the request itself a penalty equal to 40% of the agreed price less any deposit paid.
Art. 3 – The measurements of the systems and/or machinery are approximate. The supplier reserves the right to make changes and variations to the systems and/or machinery at any time that, at its sole discretion, it deems necessary, both during the construction phase and after assembly, without this giving the buyer any reason for an exception. or action.
Art. 4 – Payments must be made to the supplier’s headquarters at the agreed deadlines. The price installments, increased by packaging costs, bill costs, bank and discount charges, interest referred to below, as well as any payment quotas expected after delivery, must be covered by bills of exchange that the buyer will issue upon notice of preparation of materials. No dispute gives the buyer the right to suspend payments and failure to comply with this agreement leads to the inadmissibility of any action or exception. The agreed “on delivery” amount will be paid when the materials are ready. For all deferred payments agreed between the parties and included in the sales contract, the buyer will pay the supplier an interest equal to the legal rate in force at the time of delivery and determined by ministerial decree pursuant to art. 1284 c.c. increased by two points. The supplier is entitled to interest for any delay in payment and is authorized to issue a draft with costs for any overdue credit. The delay in payment of the price by the buyer, compared to what is established in the contract, gives the supplier the right to payment of default interest by the former; such interest starts automatically and without the need for formal notice, replacing from that moment any interest applied above, from the day following the expiry of the payment deadline, and the amount thereof is determined pursuant to the art. 5 of Legislative Decree no. 231/2002. If the buyer who benefits from the “interest-free” clause does not pay on time, he will lose the benefit of the currency discount and will be required automatically and without the need for formal notice to immediately pay the price and interest, the rate of which will be determined by the according to the ad. 5 of Legislative Decree no. 231/2002 – from the day of delivery to the balance, except as provided by the ad. 15 reported below regarding the agreed sale by installment payment. The supplier is also entitled to compensation for the costs incurred for the recovery of sums not promptly paid to him, without prejudice to proof of greater damage, according to the provisions of the art. 6 of Legislative Decree no. 231/2002. The contract registration costs as well as VAT must be reimbursed in cash to the supplier upon notification of the goods being ready. The place of fulfillment remains the supplier’s headquarters even in the case of issuing bills of exchange, a fact which in any case does not lead to modification of any clause. In the case of deferred payment, the buyer is required, if requested, to sign further agreements with financing and/or insurance companies indicated by the supplier. For anything not provided for in this article, Legislative Decree no. will apply. 231/2002.
Art. 5 – If the buyer obtains financing or mortgages for the payment of the goods referred to in the commission or the activity carried out, he will be obliged to immediately pay the price. It will be your obligation to request the financing body, by registered letter with return receipt. to be sent to the supplier for information, the immediate extinction of the debt towards the supplier, given the retention of title. The buyer will communicate to the supplier any mortgage or financing request presented to third parties. Should it be necessary for the buyer to use a leasing company in order to make payment for the systems and/or machinery already supplied, the parties now agree that the invoice relating to the systems and/or machinery will be reversed according to the tax regulations in force and re-registered to the leasing company after issuing a credit note for the amount relating to the supply which will be paid by the leasing company.
Art. 6 – The fixed delivery deadline is never to be considered essential and is agreed from time to time taking into account the size of the purchase, the production needs and the peculiarities and difficulties of the specific case. Suspensions and delays in delivery for any reason do not however entitle the buyer to termination of the contract or compensation. Delivery, as placing the buyer in possession of the materials constituting the plants and/or machinery, is always understood to be carried out in the supplier’s factory even if the goods are sold free of charge. If the effectiveness of the contract is subordinated to the occurrence of a condition, the delivery term will start for the above calculation from the day on which the supplier is informed in writing of the fulfillment of the condition. The buyer is obliged to provide such communication or to document the non-occurrence of the condition for reasons not attributable to him.
In the event that the buyer delays acceptance of the goods, they may also be stored with third parties by the supplier at the buyer’s expense and risk. For any storage at its premises, the supplier will charge the buyer a warehouse cost equal to 1.5% of the price of the goods sold for each month or fraction of a month from the date of preparation of the materials. If the buyer’s delay in collecting the goods exceeds three months from the agreed delivery, the supplier will be entitled to terminate the contract by applying the penalty referred to in the art. 2.
Art. 7 – The materials constituting the systems and/or machinery travel at the exclusive risk of the buyer even if sold free of charge. The relevant insurance is carried out only at the buyer’s formal request and at his expense. Packaging costs are the responsibility of the buyer and will be invoiced at cost.
Art. 8 – The chimneys, the connection to them of the exhaust fumes and vapors from the oven, and air intake and exhaust ducts, the water, compressed air, fuel, electricity, earthing connections, etc. must be carried out at the care and expense of the buyer who assumes responsibility for the execution in accordance with the law in compliance with the functional characteristics required by the systems and/or machinery. The supplier is relieved of any responsibility relating to the location of the systems and/or machinery and the characteristics of the premises. The supplier’s assembly technicians are only authorized to assemble the materials supplied by the supplier. The functionality test of the systems and/or machinery is carried out with reference to the materials supplied, with the exclusion of any control and verification of the works under the buyer’s responsibility and their functionality, including the installation and testing of the burners.
Art. 9 – All assembly costs are borne by the buyer and specifically: a) labor costs to help the assembler, b) costs for unloading materials even if the systems and/or machinery are returned carriage paid, c ) flues, pipes external to the systems and/or machinery, any building materials necessary for assembly: water, compressed air, fuels up to the systems and/or machinery and the electrical connection to the various places of use, d) fuel burners, e) the connection of the steam from the generator to the various places of use, f) costs of preparing the room. Items c) and e) are the responsibility of the buyer even if the systems and/or machinery are sold assembled and functioning. The costs of the assembly technician, if included in the price, are intended to relate only to the assembly of the systems and/or machinery; expenses for start-up and instruction in the use of the systems and/or machinery are therefore excluded. If for reasons not attributable to the supplier, the start and/or continuation of the assembly, testing and commissioning operations function, if they are delayed by the supplier, the buyer will have to bear the costs for the waiting time and possibly the costs for the subsequent necessary intervention of the fitter, including travel costs.
Art. 10 – If the exchange of systems and/or machinery owned by the buyer is contractually envisaged, the buyer must bear the dismantling costs, including the costs for the services of the assemblers in addition to travel, food and accommodation costs calculated according to the A.N.I.M.A. tariffs. , as well as costs of labour, removal of rubble and transport of the systems and/or machinery themselves to the supplier’s headquarters, as well as ensuring the disposal of polluting material.
Art. 11 – The buyer releases the supplier from any liability for injuries to the help personnel provided by the same to the fitters, as well as any damage that may arise to the buyer himself, to third parties or to things, as a consequence of the activity carried out by the aforementioned fitters. The supplier is not liable for damages caused by the presence, use, breakdowns or possible defects of the systems and/or machinery, whatever the cause.
Art. 12 – The systems and/or machinery supplied are guaranteed for twelve months starting from delivery of the material; the guarantee consists in the supply of defective parts returned ex works with the exclusion of labor and on the condition that the replaced part is returned. Replacing parts during the warranty period does not extend the warranty. The buyer has no right to any compensation for damage resulting from the downtime of the plants and/or machinery. The buyer loses the right to the guarantee: a) if he does not observe the payment conditions; b) if the faults are caused by incompetence, abnormal use, overloading, poor maintenance, tampering or modifications not ordered by the supplier, irregularities or deficiencies in the supply of fuel or electricity; c) if the failures arise from force majeure. The supplier is not responsible for the normal deterioration of the systems and/or machinery nor for parts or accessories used that are not of its production. Flaws and defects must be reported exclusively to the supplier by registered letter within 8 days of discovery pursuant to art. 1495 c.c. For general checks and revisions deemed appropriate by the supplier or requested by the buyer during the warranty period, the machines, systems and/or machinery or parts thereof must be delivered and collected at the supplier’s premises at the buyer’s expense and care.
Art. 13 – The supplier makes no commitment regarding the quality of the product obtained with the plants and/or machinery as this depends on many factors such as technical ability of the operator, the quality and doses of the ingredients and materials used.
Art. 14 – The buyer is obliged to inform the supplier by registered letter with acknowledgment of receipt. within 24 hours of any executive or precautionary act carried out by third parties on the goods supplied. The buyer himself remains in any case responsible towards the supplier and for any expense or damage to which the latter may be subject as a result of the same acts. The buyer also has the obligation to inform Ragcomandata A.R. the owner of the premises in which the supply systems and/or machinery will be installed, before their introduction, of the existence of the retention of title agreement in favor of the supplier. The buyer assumes all responsibility with the owner of the property for the assembly of the systems and/or machinery and in particular for the ovens which have a part of the wall structure. The supplier assumes no responsibility for any complaints or actions promoted in any capacity by roommates, neighbors of the buyer due to the installation, the operation of the machines, systems and/or machinery, the heat of the oven, etc.
Art. 15 – The sale agreed by installment payment is considered concluded with retention of title in favor of the supplier pursuant to articles. 1523 and following of the Civil Code. and art. 11 paragraph 3 of Legislative Decree no. 231/2002, until the price and additional costs are paid in full. Failure to pay, even of a single installment exceeding one eighth of the price, gives the supplier the right to request immediate termination of the contract or to contest the buyer’s forfeiture of the benefit of the deadline for payment of subsequent installments to expire. Where termination occurs, the supplier has the right to order the withdrawal of the systems and/or machinery supplied by means of an injunction and to retain as compensation for use, deterioration and expenses the amounts paid up to that point, without prejudice in any case to the compensation of the further damage. In any case, of sale or transfer of the business to third parties, the buyer undertakes to give immediate notice by registered letter with acknowledgment of receipt. to the supplier who has the right alternatively to request immediate payment of the total residual price or to consider the contract terminated ipso jure, with the right to proceed with the collection of the goods supplied, retaining what has already been paid as compensation for the use of the goods themselves , without prejudice to the right to compensation for further damages. Any case of delay in payment of the price by the buyer, which occurs following failure to comply with any fulfillment deadline, set by the supplier or which expires automatically, in application of this article , in the above-mentioned cases of forfeiture of the buyer from the benefit of the term for the payment of subsequent installments to expire or of request for payment of the total residual price for sale or transfer of the business to third parties by the buyer, gives the supplier the right to payment of default interest by the former; such interest starts automatically and without the need for formal notice, replacing from that moment on any interest on the extension if applicable, from the day following the expiry of the deadline for payment, and the amount thereof is determined pursuant to the art. 5 of Legislative Decree no. 231/2002. The supplier is also entitled to compensation for the costs incurred for the recovery of sums not promptly paid to him, without prejudice to proof of greater damage, according to the provisions of the art. 6 of Legislative Decree no. 231/2002. This is without prejudice to the provisions of the art. 4, in case of non-payment of an installment which does not exceed one eighth of the price. Pursuant to and for the purposes of the ad. 11 paragraph 3 of the Legislative Decree 231/2002, the “reservation of title” is exercised on the goods supplied until payment has been made in full and in full, as specified in art. 15 of the general conditions of sale.