A) ORDERS – SALE
- The customer orders transmitted to the IMEST S.r.l. by fax , e-mail , letter or telephone, are meant accepted tacitly , unless changes to the order that will be communicated to the client through one of the means mentioned above. The written confirmation of orders sent must be given explicitly at the express request of the customer.
- If not required the acceptance preventative the sale is considered perfected in time and place where the IMEST S.r.l. receives the order. In this case, the invoice issued by the IMEST S.r.l. will attest also in terms of of sale.
- Once you start working you do not accept cancellations or reductions of the order subject to compensation by the customer of the cost of materials and workmanship incurred up to the time of suspension. The quantity shipped may vary by ± 5% compared to quantity ordered.
- All orders are accepted by IMEST S.r.l. and sales are carried exclusively in accordance with the present general conditions.
- The agreed date for delivery in the order or in the acceptance means indicative but not binding, will attest the date in which it was stipulated.
- IMEST S.r.l. performs deliveries to the customer when they are agreed upon and according to the volumes to be delivered. For small quantities, delivery must be made be clean by guest or can be made by IMEST S.r.l. by charging the customer the cost of transport as a function of the quantity and destination of the goods.
- In the case of delivery be clean by guest, all risks and responsibilities of delivery shall be borne by the latter.
- In case of impossibility (force majeure) and in general any circumstance that prevents, reduces or retards the delivery of products, will give the faculty at IMEST S.r.l., as appropriate, of reduce his commitments, suspend or put an end at these. The cases of war, strikes, fires, interruption of transport, supply of raw materials or energy, restrictions or interdictions imposed by the Public Authority are considered as such.
- In case of difficulties in the supply of materials due to reasons of force majeure on the part of our suppliers, the IMEST S.r.l. is not liable to pay any compensation to the customer. The customer has in any case an obligation to withdraw eventual materials purchased on specification and that not be used on other products.
- The IMEST S.r.l. guarantees that the products delivered to the customer correspond to what was ordered and described in the documents accompanying the goods.
- The quality of the products sold is guaranteed by checks that are performed during and after the production and it’s accompanied by documentation agreed with each customer. All data relating to checks carried out during manufacture are archived and remain available for a possible inspection by the purchaser.
- The documentation the type CQC, the analysis certifications , RoHS or REACH of the raw materials, etc.. must be specifically requested by the customer. In the absence of specific requests the goods are accompanied only by the transport document.
- The IMEST S.r.l. undertakes to repair or replace free of charge any parts which it considers to be defective. The contested goods should be returned to IMEST S.r.l.. exempt of all expenses. The guarantee is void if the parties rendered as defective have been manipulated or tampered with. The repairs by the customer will be recognized only after written acceptance of you a cost estimate by the customer.
- The products sold by IMEST S.r.l. are packed in cardboard boxes of various greatness depending on the size and weight of the components. If agreed in advance with the buyer it’s possible at no additional cost different type of packaging, of pouches, boxes and plastic-crates.
E) CHARACTERISTICS OF THE SUPPLIED PRODUCT
- The components products by IMEST S.r.l. are made with reference to the technical documentation received by the customer (drawings, specifications of supply etc.). As soon as possible, the purchaser shall verify the conformity of supplied product with respect to such documentation.
- It is up to the customer to keep updated the archive and send to IMEST S.r.l. updated documentation.
- It’s responsibility from IMEST S.r.l. directly involve their suppliers, in the case of non-compliance on raw materials or components,thereby safeguarding the client’s interests.
- Any complaints are only accepted in writing and with the objective evidence of non-compliance detected.
- The objective evidence of noncompliance shall be kept by the purchaser and made available to IMEST S.r.l. to facilitate their examination and the involvement of suppliers of raw materials and semi-finished products. The non-compliance can not be accepted in the absence of this.
- The IMEST S.r.l. is held to withdraw and eventually replace the faulty product with a new lot conforming only in the case of substantiation of the complaints formulated in a timely manner.
- The IMEST S.r.l. does not accept nor carry out none request for cash refunds from customers, compared to compensation of damages of production, of line stop, delivery delays and loss of client’s image suffered as a result of non-compliance of the product.
- In no case, unilaterally the purchaser cannot may terminate the agreement, suspend or omit the payment or reduce the price.
G) PRICE AND PAYMENTS
- The prices are those in force on the date of the order .
- If in the course of providing you experience increased costs of raw materials, of semi-finished goods or other activities inherent to active orders, it’s the faculty of IMEST S.r.l. adjust the prices to increases which occurred, alerting the customer with written communication and documented.
- The methods and terms of payment are those agreed with each contract of sale and reported in the invoice issued by IMEST S.r.l.
H) CONSEQUENCES FOR DELAYED PAYMENTS
- In case of late payments, the IMEST S.r.l. reserves the right to block deliveries in progress with the buyer until the final regularization of ongoing payments, to unilaterally modify the methods and terms of payment and of safeguard the their own credit in the manner permitted by law.
- The delay in payment, even partial, with respect to the due date indicated on the invoice gives rise to the immediate commencement of the default interest rate that will be based on the rate practiced at such moment by the Italian banks to prime customers for financing short-term and applied to the period from the expiry of the invoice to the actual payment of the balance.
- If the delivery has been made before full payment of the price then the goods sold remain the property of IMEST S.r.l. until full payment.
I) PLACE OF JURISDICTION AND LAW APPLICABLE
- The exclusive place of jurisdiction for any dispute between the IMEST S.r.l. and the buyer is the judicial authority of Turin (Italy).
- At present general conditions and at contracts of buying and selling it’s applied the Italian Law.