GENERAL SALE CONDITIONS

GENERAL SALE CONDITIONS

ORDERS

The Buyer understands transmitted orders as firm commitment, whilst the Seller will only be committed upon written order confirmation based on the agreed conditions. They will only be effective upon the explanation and clarification by the parties of all the peculiarities about the orders, such as technical features, down payments, payment terms, eventual leasing, letter of credit, bank guarantee, etc.; in fault, after 60 days from the shipping date, the purchase will be suspended in all respects. 

ORDER SUSPENSION EFFECT

The suspension, also momentary, of the order or the postponement for any reason of the delivery terms due to the Buyer, entail the updating of the price in case it changed in the meantime. The Seller retains any advance note already paid, upon trust. The Buyer will receive no interest or indemnity in this respect.

DELIVERY TERMS

Delivery dates are approximate and can vary with a tolerance of 15 days. These could be extended due to a cause beyond its reasonable controls, strike, raw material lack, powerlessness and/or any other event beyond the reasonable control of the Seller. In case of delivery delay, longer than the tolerance time established here above, due to the Seller, the Buyer can withdraw the contract with the right to receive his down payment back, increased of the legal interest, without the right of the eventual damages reimbursement or, as an alternative, he can keep the contract. In this second hypothesis, he has the same original price and the payment of a penalty equal to the 0,2% of the price for each day of delay in comparison with the days of tolerance above indicated. The eventual reimbursement of the suffered damages is excluded. Anyway the penalty will not exceed the 5% of the total value of the goods.

DELIVERY

Delivery of the sold goods is based upon prompt receipt of all necessary information from Buyer. Unless otherwise specified, delivery is made ex-works / FCA Rimini: eventual charges for packing, transport and/or shipment and insurance are at Buyer’s charge. 

COMPLAINTS

Any complaint regarding sold goods must reach the seller in written form within the peremptory term of 8 calendar days from the receipt of the goods if it concerns evident flaws or faults, or from the time of discovery if it concerns hidden ones, under penalty of expiration of the guarantee.

RETURN SHIPMENTS

Return shipments will only be accepted if previously authorized and dispatch will be effected with freight prepaid. The Buyer’s transport document shall make reference to the Seller’s shipping documents. No credit will be granted for goods shipped beyond one year.  Credit will be issued only for goods that are properly packed and without damage.
If the return shipment is due to an error of Seller, the parcels can be dispatched “freight collect” through a courier service with whom the Seller has an agreement. The credits are valid only if conform to the aforesaid conditions. If these requirements are not respected, the credit will not be valid and the goods will be rejected and returned to the sender with shipping charges at his charge.

WARRANTY

The seller guarantees that the sold goods are free of any fabrication flaws not allowed by normal commercial tolerance, specifically for the following times of validity: 12 months (or 3600 hours) from delivery date, on electric, electronic and mechanical components, excluded those which are subject to normal wear and tear.
This guarantee is understood as a guarantee in technical terms. As such, during the period of guarantee and with reference to the guaranteed parts, Ghines Group srl is only committed to repair or replace the parts it recognizes as production defects. The guarantee explicitly excludes all faults, flaws and/or malfunctions of the goods deriving from and/or consequence to handling, careless and/or incorrect installation, maintenance or use, neglect, wear, environmental conditions, inappropriate and/or harmful use.
Used and bargained machinery is likewise excluded from the guarantee.
The time required for eventual repairs and consequent period during which the machine is idle, will not entail an extension of the guarantee term, which always runs from the consignment date of the goods at the time of sale.
All transport costs related to the eventual replacement, repair or revision of the spare parts or the machine itself, and any other cost for whatever other reasons, are exclusively at the customer’s expense. If, further to Ghines Group’ unquestionable assessment, carrying out repairs by the customer’s premises will be deemed necessary, the wages, travel expenses, board and lodging of the technical personnel will also be at the customer’s charge.
The guarantee will immediately cease in the event that the machine is subjected to modifications, repairs, tampering, etc., effected on the customer’s own initiative, or by personnel who are not part of Ghines Group srl or by a firm which is not formally authorised for technical assistance on the products sold, or using non-original Ghines Group srl spare parts.
For obvious technical and commercial reasons no guarantee is recognized on sold tools.
Given the exclusively technical nature of the present guarantee, least mandatory and imperative legal rights, once the repair and/or replacement has been effected, Ghines Group srl will not be committed to indemnities of any kind for damages incurred by the customer as a consequence of the vices or defects of the products.
Any complaint regarding sold goods must reach the seller in written form within the peremptory term of 8 calendar days from the receipt of the goods if it concerns evident flaws or faults, or from the time of discovery if it concerns hidden ones, under penalty of expiration of the guarantee.
Every aspect of this guarantee will be exclusively governed by the Italian laws in force.

SOLVE ET REPETE

Any dispute between the parties in relation to the products sold and/or the application of these general terms do not authorize the Buyer to stop or delay the payment agreed.

PRODUCTS ASSEMBLING AND/OR INSTALLATION Unless otherwise agreed in writing, the installation of the machines is always at the charge and responsibility of the buyer and therefore the seller declines any responsibility for any kind of damage caused to the buyer or to third parties as a result of the installation itself.
If the parties agree that the Seller shall install the machines and provide technical assistance, the cost of it will be calculated and charged separately, as well as all expenses for travel, board and lodging of the technical staff appointed for this purpose, unless the buyer has agreed in advance on the cost with the Seller in writing. In the case of the assembly and/or installation is at the charge and under responsibility of the Buyer, the latter is required to carry out such operations in suitable environmental conditions, with the aid of suitable means and personnel, all in compliance with current accident prevention regulations. The Buyer, as supervisor and supervisor of the works, assumes all civil and penal liabilities in this regard.

RISKS

All risks are at the Buyer’s charge even if the goods are sold free Buyer’s premises.

DELAYED PICK UP OF THE PRODUCT

In case of delayed pick up of the product in respects of readiness of the product, communicated in written form, once 20 days have elapsed, the Seller has the right to ask for the payment, regardless the delivery, charging the Buyer for the warehouse and/or depot expenses. The Seller has the right to suspend the order addressing the goods to another client; from this decision become effective new delivery terms and an eventual price revision, if a new price list has come in force in the meantime.

PENALTY
In the event of cancellation of the contract due to the Buyers’ guilt or recess, the amounts paid down are withheld by the Seller as penalty, as wanted and stipulated by the parties.

PAYMENT TERMS

Payment of the price of the goods sold must always be made at the seller’s place of residence.
The payment conditions established in the order are considered valid and effective for the parties only if the currency and credit conditions in force at the time of the conclusion of the contract remain almost unchanged until full payment of the price, except for the variation falling within the normal commercial tolerability.
The parties expressively agree that variations in increase or decrease of these conditions contained in the percentage of 5%, are considered as falling within the normal commercial tolerability. Therefore, variations greater than this percentage will result in corresponding variations in the agreed price.

TESTING

The metric and functional tests are carried out at the Manufacturer’s premises before the delivery of the machine. In case the Buyer wants to attend the test, he has to apply for it in writing when confirming the order. Once the test has been finished, the machine is accepted.

LAW IN FORCE – COURT – PLACE OF JURISDICTION

The Italian laws in force will exclusively govern every aspect of this contract and its execution. Any dispute about validity, interpretation and execution of the contract will be referred to the Italian Court and submitted, exclusively, to the Jurisdiction of Rimini (ITALY).