designing and manufacturing Submersible Electric Pumps
Sales Terms and Conditions
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SALES TERMS AND CONDITIONS

1 - CLAIM OF DAMAGES: No claims of goods damages resulting from transportation are accepted later than 6 days from goods delivery.
2 - Not applicable. 3 - Not applicable.
4 - In case of payment delays, the interests will be applied according to EURIBOR 6 months index with addition of 7 extra points.(ce 2000/35).
5 - Any dispute relating to the goods supply or to the undersigned contract shall be exclusively and definitively settled by the Italian Court of Macerata in Italian language according to the Italian Law.
6 - Goods are shipped according to INCOTERMS 2010, and travel under risk and total responsibility of the consignee if not otherwise agreed between the parties involved . Transport costs quoted in this acknowledge p.o. does not include: Insurance, managing barriers and/or constraints to the delivery, stops and forced storage in the port/customs areas that will be at complete charge of the Buyer/Purchaser. The Purchaser himself will provide for the recoupment to the appointed carrier and/or his agent.
7 - Delivery terms quoted in this confirmation order are working days (August and December months are always excluded unless otherwise agreed ), they’re only indicatives and not essential for the contract or agreement, so that no reimbursement for damages can be claimed for delay in goods delivery. The goods ready for shipment notice is equivalent to goods delivered at seller’s warehouse .
8 - Invoice conditions: 100% invoicing at the delivery date agreed in this acknowledgment or in case of goods storage at supplier 's premises it will start at goods ready for shipment notice with consequent start of payment terms and conditions. In the case of prolonged storage, unless otherwise agreed, the Purchaser will be charged with an amount equal to 1% of the total order value per each month, or proportional part thereof, starting from the 7th (seventh) calendar day following the date of goods ready for pick up notice.
9 - By signing this document you agree that these terms and conditions are binding and overrule those of the Purchaser.
10 - The delivery date indicated in this p.o. acknowledgment will shift proportionally depending on the arrival of the p .o. acknowledgment duly stamped and signed by the Purchaser.
11 - The Seller will keep the goods in its property until agreed price is fully paid by the Purchaser.
12 - Goods delivery is subject to the settlement of eventual expired invoices or pending amounts (if any).
13 - The failure to respect the payment of a partial amount of the credit, will give the right to the company to recover the total amount of the existing credit, without waiting for its expiry.
14 - The total or partial cancellation of a purchase order from side of the Purchaser, if authorized by Faggiolati Pumps SpA, will lead to the application of a penalty corresponding to the 20% of the total order amount that shall be settled to the Faggiolati Pumps Spa at first written demand by swift.
15 - Faggiolati Pumps SpA provides the Purchaser, who has settled the eventual suspended due amounts, the warranty on its products for twelve (12) months in case of new orders and 6 months in case of reparation .The warranty terms start from the date of issuing of every single invoice, even if the equipment is not in operation. During the warranty period Faggiolati guarantees to provide free supply of components which were defected and thus affect the correct operation of the equipment. The costs of disassembly, reassembly, shipment and transportation of the components needed to be substituted or to be repaired are on charge of the Purchaser as well as the expenses resulting from travelling, accommodation and board of Faggiolati engineers in case of personal intervention for consultation and assistance. The warranty does not cover for any defects resulting from incorrect maintenance, negligence, inexperience, improper or abnormal use, unforeseeable or force majeure circumstances, as well as overloads superior to the limits specified in operating instructions and current safety norms in force in Italy. The warranty terms will be forfeited if the equipment is tampered, repaired, modified or disassembled without control and/or written authorization by Faggiolati. The Purchaser is responsible for the eventual installations and /or providing equipment for the facility to comply with the current legal norms and regulations. The warranty does not include and cannot be extended, as it was specified in two previous paragraphs, to any direct or indirect damage caused to the Purchaser, neither it will qualify in any case as a legitimate reason to terminate the contract or to claim the compensation for losses occurred during the period of non-operation needed for the reparation and/or substitution of defective components. Finally, in case of any claim, the Purchaser always has to make the payments according to the procedures and instruction and within the due dates, otherwise the warranty terms will be forfeited.
16 - Not applicable. 17 - Not applicable.
18 - Payments established in Direct Remittance shall be settled max within 4 working days from invoice expiry date.
19 - Amounts sent for invoice settlements shall arrive without deductions of bank fees.
20 - Delivery place: Goods are always shipped/ picked up from MACERATA at the FAGGIOLATI PUMPS SPA's warehouse in Via P. Giovanni XXIII, 31 - Macerata - Italy.
21 - Any eventual exception to these General Sales Terms and Conditions agreed between Faggiolati and the Purchaser shall be issued in written form and will be strictly limited to what agreed in that specific case, it will also not imply any novation to the remaining general terms and conditions that are kept fixed unless otherwise agreed . Undersigning this P.O. acknowledgement, the Purchaser declares to expressly accept all these terms and conditions.
22 - Breach of Contract by the Purchaser: Failure to pay only one instalment, gives right to the Faggiolati to terminate the contract and to take immediate possession of the equipments and/or materials supplied to the Purchaser without any necessity of placing in default (Acceleration Clause). In case of breach of contract, the Faggiolati has the right to hold the paid instalments amount as indemnity for the use, the wear and tear of the equipments and materials supplied to the Purchaser in addition to the further reimbursements of damages as well as the compensation for the costs of disassembly, pick-up, custody and other eventual expenses.
23 - Faggiolati Pumps S.p.A. accepts the signature on the present Order Confirmation as made by a person delegated for this purpose, agreeing against him any compensation claim by the registered holder Company of this document, exonerating directly the Seller that has determined the conclusion of this agreement in terms of what the Buyer's Representative stated.


 

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FAGGIOLATI PUMPS S.p.A.
Company Information
Z.Ind Sforzacosta - 62100 Macerata Italy - PI 01207900430 - Cap. Soc. € 3.000.000,00 int.vers.
Tel. +39 0733 205.601 r.a. - Fax +39 0733 203.258