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GENERAL SALES CONDITIONS
6. PACKAGING
1. GENERAL NOTES 6.1 Standard packing cost is included in the sale price (standard packing is on pallet, complete with car-
1.1 The following general sales conditions are valid for all orders, except for clients with special waivers. dboard, polystyrene and protective polyethylene film).
6.2 Prices for packing in wooden crates or boxes are listed on the Price list in force.
2. OFFERS AND ORDERS
2.1 The only types of acceptable orders are written orders to be confirmed by us, or our order confirma- 7. RETURNS
tions stamped and signed for acceptance. 7.1 Returns of any material will have to be compulsorily authorized by “Everlasting S.r.l.” and all the rela-
2.2 Contract applications are binding for the Client; they are binding for “Everlasting S.r.l.” only after their ted costs will be valued case by case.
written acceptance by the legal representative of the Company. 7.2 Credit notes will be paid by “Everlasting S.r.l.” after the supply has been totally paid.
2.3 Offers are valid for 3 months, except for different agreements or price list increases during the above-
mentioned period. After 3 months it will be necessary to issue a new offer. 8. WARRANTY
2.4 The contract might be suspended, even though previously accepted, in case of variations of the 8.1 For every supply, “Everlasting S.r.l.” acknowledges a 12-month warranty from the delivery document
Client’s asset capacity or if the Client is in arrears with agreed payments of previous supplies. (DDT) date only on possibly defective components, without any assistance at the installation site of the
2.5 “Everlasting S.r.l.” will accept the withdrawal of previously accepted orders on the following conditions: product. The client detecting the defect must promptly notify it in writing by specifying the type of compo-
- Without any penalty for withdrawal transmitted within 7 calendar days from order acceptance date; nent and the serial number of the finished product. According to the gravity of the defect and the type of
- With the application of a penalty of 20% of the total amount of the order for withdrawal transmitted over spare part involved, “Everlasting S.r.l.” will decide whether to act within 48 hours by sending the replace-
7 calendar days from order acceptance date. ment component free of charge. In this case, the client must return the defective part free of charge within
2.6 The technical data (weights, dimensions, etc.) on the company’s documents (such as price lists, ca- the next 30 days; otherwise, the sent spare part will be invoiced.
talogues, etc.) are only indicative and not binding for “Everlasting S.r.l.”. Alternatively, “Everlasting S.r.l.” will assess the replacement under warranty at its discretion against con-
2.7 If deemed as necessary a/o suitable, “Everlasting S.r.l.” reserves to carry out ameliorative changes on trol of the defective component at its premises. In this case, the client will have to pay for the component
the products without altering their essential features. sent in replacement and promptly return the defective component free of charge. If the defect of the re-
2.8 For special appliances a/o Clients’ modification requests (non-standard devices / optionals, etc.) an turned component falls within the warranty terms, the expenses for the component previously incurred by
advance payment of at least 20% is always required at the moment of the acceptance of the order. The the client will be credited by “Everlasting S.r.l.”.
amount of the advance payment is anyway always to be determined case by case according to the pro- 8.2 Warranty will not be applicable in case of tampering, or technical interventions on the products which
duct on order. were not authorized by “Everlasting S.r.l.”
2.9 Any amendment of order confirmations will be accepted if transmitted in writing to our sales offices 8.3 In any case of malfunction on our appliances, “Everlasting S.r.l.” will not acknowledge any compen-
before the production of the previously confirmed goods starts. sation for direct or indirect damages to people or objects nor for damages to the product stored in the
appliance.
3. PRICES
3.1 Prices are to be understood net, with standard packing included. 9. TESTING
3.2 Prices are to be understood ex-works, save different agreements. 9.1 The appliances produced by “Everlasting S.r.l.” are all tested by respecting all the parameters indi-
3.3 Additional accessories to be added to standard products shall be required and specified on purchase orders. cated on the catalogue/price list/ instruction manual of the chosen appliance. Disregard or tampering of
3.4 The invoice price will be the one indicated on the order confirmation, save different arrangements parameters will release “Everlasting S.r.l” from liability for the malfunction of the product.
agreed upon in writing.
10. ADDITIONAL NOTES
4. PAYMENTS 10.1 “Order processing expenses” of € 15,00 in addition to the cost of the ordered parts will be added to
4.1 The payment of the first supply is always required by bank transfer in advance; depending on the every order of spare parts bearing a total net amount of less than € 80,00. Transport and packing costs
case and at the incontestable decision of “Everlasting S.r.l.”, the bank transfer should be carried out either will be added separately.
at the moment of order confirmation or before the delivery of the goods. For the following supplies, the 10.2 Spare part request will only be accepted if the serial number of the appliance which the spare part
methods of payment will have to be agreed upon case by case. belongs to is supplied. This number is written on the silver label applied on the back of the appliance, as
well on the instruction manual. As an exception only and under full responsibility of the client, the supply
5. DELIVERIES of spare parts might be evaluated against the sending of a picture of the component. In this case, no
5.1 All deliveries are ex-works (incoterms®, latest version issued by ICC), not cleared through customs, returns will be accepted.
stamps not paid. 10.3 Inspection of goods, if required, will have to be agreed upon with “Everlasting S.r.l.” prior to placing
5.2 Delivery times: any delivery date or delivery time is approximate and not binding. the order.
5.3 Any delay due to force majeure (e.g. strikes, power cuts or service interruptions, serious weather 10.4 In case of shipment by container, if required by the client we will take pictures after completion of
events, damages on machineries, etc.) or to any other hindrance not ascribable in any way to “Everlasting loading to prove the correct loading of the container (loading quality and quantity of items)
S.r.l.” exonerates the Company from any compensation for direct or indirect damages.
5.4 Products are considered to be delivered to Clients when they are entrusted to the forwarder, or to the 11. APPLICABLE LAW AND JURISDICTION
forwarding agent, or to anybody bearing the responsibility of taking possessions of them. Products always 11.1 Any legal procedure deriving from the sale of our appliances shall be governed and construed in ac-
travel at the risk of clients, even if transported by “Everlasting S.r.l” or shipped carriage free. Clients shall cordance with the laws of Italy and shall be subject to the exclusive jurisdiction of the Tribunal of Mantua.
not object the possibility of cheaper prices or means of transportation than the ones used to carry out the
transport. Everlasting S.r.l. GENERAL SALE CONDITIONS; rev. 2018/06
5.5 Complaints about packing, quantity, number or external features of the products will have to be imme- These general sales conditions annul all the previous and no waiver will be allowed if not expressly ac-
diately notified to the transporter on the transport document, under risk of forfeiture of rights, then notified cepted by Everlasting S.r.l.
to “Everlasting S.r.l.” in writing within 8 days from the date of receipt of the products. Complaints about
defects that are not immediately detectable by an accurate control at the moment of delivery (hidden “Everlasting S.r.l.” reserves the right to change the data and aesthetic features of the products on this
defects) will have to be notified to “Everlasting Sr.l.” in writing within 8 days from delivery date, under risk catalogue without any necessity of prior notice, since the modifications are deemed as necessary
of forfeiture of rights. and suitable for the improvement of the products without compromising their essential features.
Please refer to the sales conditions on our website www.lostagionatore.com a/o on the Price List in
force at the moment.