Terms of machinery and equipment supply for 2010
1. General Information
1.1 The Customer must Morueco specific orders containing a description of products, the required amount, the price and the time equired for delivery.
1.2 The sale must be considered either:
- When the customer receives from Morueco written confirmation (the confirmation will be sent via e-mail, fax or electronic means) omplying with the terms and conditions of the Order;
- When the customer receives Morueco by a written confirmation containing terms different from those contained in the Order, after two ays of receipt of the confirmation with different terms during the period without received a written complaint Morueco Customer;
- In the absence of written confirmation by Morueco, when the Products will be delivered to the customer.
1.3 Orders accepted by regular Morueco can not be canceled by the Customer without the written consent of Morueco.
1.4 All contracts for the sale by Morueco - to third parties (the "Customers") are governed by these Terms, which form an integral and ssential part of any proposal, order and order confirmation of purchase of the Products.
2. Technical documents
2.1 Unless otherwise agreed, brochures and catalogs are not binding. They are demanding the information in the technical ocumentation only as expressly guaranteed by Morueco.
2.2 Each party reserves all rights to designs and technical documentation to the other. The receiving party acknowledges these rights nd shall not - without the written permission of the other party - by making these documents available, even partially, to third parties or sed for purposes other than those for which they were handed.
3. Existing provisions in the place of destination and safety devices
3.1 The Client will inform the Morueco no later than the time of the order of the provisions and rules and regulations applicable to the mplementation of the supplies and services, their exercise, as well as the prevention of diseases and injuries.
3.2 Unless otherwise agreed between the parties, supplies and services conform to the provisions and rules in force at the headquarters f Morueco
3.3 The supply includes installation of additional security or different only if that is the subject of express agreement.
4.Prices
Unless otherwise agreed prices are exclusive of VAT, ex works, excluding packaging. All incidental expenses (such as p.e.
Transportation costs, insurance, permits the export, transit, import and others, as well as certificates, stamped, etc..) Should be charged to the customer. They are equally dependent on him all sorts of taxes, customs duties and the like in connection with the contract and will be reimbursed to the extent that he Morueco documents having been charged.
5. Terms of payment
5.1 The Client will make payments in accordance with the terms of the contract at the domicile of Morueco and without deduction of discounts, expenses, taxes, fees, duties, and the like.
5.2 The payment terms are binding even if transport, delivery, installation, commissioning and testing of supplies or services were to be delayed or prevented for reasons beyond Morueco the same is true in the case of secondary parts missing or adjustments necessary, provided that this does not prevent the use of the supply.
5.3 If the down payment or guarantee due at the conclusion of the contract are not paid according to agreed terms, the Morueco is authorized to require performance or termination of the contract, unless each of its claim for damages.
5.4 If the Customer fails to comply with the agreed terms of payment to be counted - without stress - by the agreed schedule of payments and a corresponding interest at 4% above the current 3-month Euribor rate.
6. Retention of title
6.1 The Morueco will own all its supplies until they have been paid in full accordance with the contract.
6.2 The Customer shall make all the formalities required by local laws in order to make valid and enforceable against all third parties to this retention of title clause even operating your Membership at any appropriate register, if required locally.
6.3 He will also take all steps necessary to ensure that the rights of property of the supplier to be prejudiced. Is reserved the right to claim further damages.
7. Delivery
7.1 The delivery period begins from the moment the contract was concluded and after all the import permits, export, transit and payment are received, payments due at the conclusion of the contract made, any guarantees given and technical points defined. The delivery is considered met if by that time the notice of goods ready for shipment was sent to the buyer.
Except as may be otherwise agreed in writing between the parties, deliver the goods Morueco works in its own factory, as that term is defined in INCOTERMS published by the International Chamber of Commerce in their latest version in force at the time of delivery. If required, will Morueco transport of products at risk, costs and expenses of the Customer.
7.2 The observance of delivery requires the fulfillment of contractual obligations by the Customer.
7.3 The delivery time is reasonably extended:
a) if the information required to Morueco for the execution of the contract is not received in time, or if the customer modifies them later, causing a delay of the supplies or agreed services;
b) if hindrances that Morueco can not prevent despite precautions, regardless of whether you, the purchaser or third parties. Should be considered as impediments by way of example, epidemics, mobilization, war, riots, major disturbances for the year, accidents, labor disputes, delayed or defective supplies of raw materials, semi-finished or finished products needed, important pieces of scrap, actions or omissions by the authorities, cataclysms;
c) if the customer or third party is behind with their work obligations or in default with the fulfillment of contractual obligations and, particularly, if the customer does not follow the terms of payment.
7.4 The Customer is entitled to compensation payments for late deliveries if it is shown that the delay was caused by fault of Morueco and if the customer can try to have suffered damage. Is not due to compensation payments if a substitute product or service is made available to the buyer.
Compensation payments may amount to up to 0.5% of purchase value for each full week of delay and, overall, no more than 5% of the contract price of the delayed part of the supply. The first two weeks of delay are not eligible for compensation payments.
8. Packing
The packaging is billed separately and is not included.
9. Transfer of responsibilities and risks
Responsibilities and risks to supplies shall pass to the Customer when they leave the factory Morueco.
10. Shipping, transport and insurance
10.1 Special requests about the shipment, transportation and insurance must be notified to Morueco in time. The transportation is cost and risk of the customer. Any claims relating to the shipment or transport are to be submitted to the last carrier immediately upon receipt of delivery or transport documents.
10.2 The insurance against damage of any kind is for the customer.
11. Verification and testing of supplies and services
11.1 The testing is done at the factory before shipment Morueco even in the absence of the Customer. If the customer requests further testing, they will be agreed upon and will go against him.
11.2 The customer shall inspect the supplies and services within a reasonable time by notifying any defects immediately in writing to Morueco. Otherwise apply to supplies and services accepted.
12 Guarantees, liability for defects
12.1 Unless otherwise agreed in writing between the parties, Morueco warrants that the Products are free from defects / faults (with the exception of those parts of the Products that are not produced by Morueco) for a period of one year from the date of delivery of same to the Customer . The warranty period is 12 months, it is reduced to 6 months in case of continuous shift operation. It begins with the dispatch by the establishment of Morueco or, if agreed, with the acceptance of supplies and services. For parts replaced or repaired the
warranty period expires and start again at 6 months of replacement or repair is completed, or acceptance. The guarantee expires prematurely if the customer or third party undertakes inappropriate modifications or repairs, or if in case of defect, the Customer shall immediately take all appropriate measures to reduce the damage and give the Morueco the possibility of eliminating the defect.
12.2 The warranty does not operate in relation to those Products whose defects are due to: damage caused during transportation, a negligent or improper use of them; Morueco with instructions regarding the operation, maintenance and storage of products, repairs or modifications made by the customer or by third parties without the prior written permission of Morueco.
12.3 Provided that the customer complaint is warranted and notified in terms of this article, Morueco will, at its option, replace or repair any product or parts of this showing defects.
The Customer must report in writing to Morueco, the presence of defects within 8 days after delivery of the Products if it is obvious defects, or, within eight days from the discovery in the event of faults or hidden defects or are not detectable by a person of average ability.
Products subject of a complaint will be immediately posted at the factory Morueco, costs and expenses incurred by the Customer unless otherwise agreed between the parties, in order to allow Morueco carry out the necessary checks. The warranty does not cover damage or defects caused by abnormalities of the Products arising from or related to, assembled parts / added directly by the customer or end user.
12.4 In any case, the customer can not invoke the rights of their guarantee Morueco if the price of the Products has not been paid under the conditions and terms agreed, even if a failure to pay the price and terms agreed with the conditions relates to products other than those for which the Customer intends to enforce the guarantee.
12.5 Morueco no warranties about the products conform to the rules and regulations of countries that do not fall within or outside the European Union. No other warranty, express or implied, including but not limited to, the guarantee of proper operation or suitability for a particular purpose, shall be granted with respect to the Products.
12.6 Without prejudice to what is stated in art. 12.3 and except in cases of willful misconduct or gross negligence, Morueco not be liable for any damages incurred and / linked to defects in the products. In any case, Morueco not be liable for indirect or consequential damages of any kind, such as, for example, losses resulting from inactivity or failure to gain the customer.
13 Termination of the contract by the supplier
Morueco will be entitled to suspend performance of obligations arising from the sale of products based on art. 1461 of Italian Civil Code, if the Customer's financial circumstances would become such as to seriously endanger the achievement of the consideration unless it is given appropriate guarantees.
14 Exclusion of other responsibilities of Morueco
In no case are the customer's rights to compensation for damages not occurring on the delivery object, especially as damages for lost production, loss of use, loss of orders, loss of earnings as well as for other damages directly or indirectly. This exclusion of liability does not apply in cases of intent or gross negligence of Morueco, but it is in cases of intent or gross negligence of vicarious agents of the same.
15. Jurisdiction and Applicable Law
Jurisdiction is the domicile of Morueco. The Morueco is nevertheless permitted to sue the customer at the home of the latter. The Terms and Conditions in Italian have legal superiority over any translated version.