COMPANY INDUSTRIAL COMMUNICATION MOTORS AND GEARMOTORS COMPONENTS ITA terms of sale HOME TERMS OF SALE 1. GENERAL CONDITIONS (1) These conditions apply to all sales made between Customers and our Company. (2) These conditions, even in the presence of any Customer specifications, cannot be changed without the express and explicit written consent of Softing Italia Srl. 2. OFFERS (1) Unless otherwise agreed, the Offers are valid for a maximum period of 30 days. (2) The Offers are intended for information purposes only and do not represent a sales contract until Softing Italia Srl has accepted a regular order from the Customer and confirmed the same in writing. Softing Italia Srl reserves the right to change prices and delivery terms until the order is confirmed. 3. DELIVERY (1) Softing Italia Srl will try to respect the specified deliveries, but the delivery terms are intended as indicative and not part of the sales contract. (2) Any term specified by Softing Italia Srl may be delayed due to force majeure such as fires, thefts, strikes, lack of material, factory problems and other circumstances that do not directly depend on Softing Italia Srl's control. (3) In in the event of a delivery delay of more than 90 days from the confirmed date, the Customer has the right to request in writing the delivery of the material within 30 days, in the event of further delay the Customer has the right to terminate the sales contract, however, in in no case, Softing Italia Srl will be required to pay the customer any amount for any reason. (4) In case of delivery of excess or defective material, the Customer must inform Softing Italia Srl within 5 days of receipt of the goods. After 5 days from delivery, the goods will be unconditionally accepted by the Customer. In case of delivery lower than the order, the customer cannot terminate the contract, but will be required to pay only the goods received, except in the case in which Softing Italia Srl provides for the integration of the delivery within 60 days. In case of excess delivery, the Customer will have the right to return to Softing Italia Srl the goods in excess of the order or will have the right to retain the excess goods, paying the higher price. (5) Any change in delivery by the Customer must be communicated with 4 weeks' notice. Softing Italia is not held responsible or accepts penalties if delivery changes are not communicated within the aforementioned terms. 4. OWNERSHIP AND RISKS (1) The risks relating to the products are understood to be transferred to the Customer at the time of shipment by Softing Italia Srl. (2) The ownership of the material passes to the Customer only after the full payment in favor of Softing Italia Srl of the agreed amount for the entire delivery. Softing Italia Srl, therefore, will remain the owner of the goods until they are paid in full pursuant to and for the purposes of art. 1523 cc In case of non-payment, of part and / or of the entire supply by the Customer in favor of Softing Italia Srl, this reserves the right to vary and / or modify the sale price of the goods. Softing Italia Srl claims the right to take back the unpaid material wherever it is. The Customer must provide the maximum support to Softing Italia Srl so that this right can be exercised. (3) The customer expressly declares to be aware that SOFTING ITALIA SRL is not a manufacturer of goods and merchandise object of the order but that this is solely the Distributor. (4) The above has all legal effects on the responsibility of the producer. SOFTING ITALIA SRL also specifies that it can guarantee the correct and proper functioning of goods / goods sold to the customer but that this guarantee cannot be extended to the correct functioning of the same once assembled and / or inserted in machinery / equipment mounted / assembled to care of the customer himself and / or natural or legal persons appointed by them. 5. PRICES (1) Unless otherwise specified, the prices are intended ex Softing Italia Srl warehouse, not inclusive of VAT. Other costs such as packaging, insurance or other are excluded from the price and are charged to the customer. 6. PAYMENTS (1) Unless otherwise specified, the Customer's payments are understood to be within 30 days of the end of the month with bank receipt. (2) Softing Italia Srl reserves the right to apply default interest within the maximum measures provided for by Legislative Decree. 231/2002. 7. WARRANTY (1) The guarantee is applied for 12 months from the date of shipment by Softing Italia Srl and is applied to those products with manufacturing defects. The Customer, under penalty of forfeiture, must inform Softing Italia Srl within 30 days of the discovery of any flaws or defects. (2) The liability of Softing Italia Srl is limited to the supply of components that comply with the technical specifications contained in the relative product documentation. The warranty is excluded for defects dependent on or connected to improper use of the products by the Customer. (3) The warranty is expressly limited to the repair or replacement of the defective product or, when this is not possible, to the refund of the price paid. Under no circumstances can Softing Italia Srl be charged with damages or claims for compensation other than what is specified above, such as, but not limited to, damage to image, delayed production, damage to property or people, damage to machinery, etc. 8. INSOLVENCY (1) In the event that the Customer becomes insolvent, is subjected to any liquidation procedure and / or any other additional insolvency procedure, Softing Italia Srl reserves the right to suspend further deliveries to the Customer. 9. CANCELLATION (1) The Customer can cancel an order only with the consent of Softing Italia Srl. In this case Softing Italia Srl reserves the right to charge the Customer the cancellation costs. 10. JURISDICTION (1) For any dispute the competent court is that of Milan. Softing Italia Srl Via M. Kolbe 6 - 20090 Cesano Boscone (MI) - Italy Tel. +39 02 4505171 Fax +39 02 4504141 Share capital: € 25.000 - Business Register of Milan CF and PI 05636300963 REA 1836838 Terms of Sale Privacy Policy