Page 11 - Tecnoinox CUCINE MODULARI

GENERAL TERMS AND CONDITIONS OF SALE

1. ORDERS: All orders coming from the customer to Tecnoinox srl (“Tecnoinox”) and all contracts finalised with our sales representatives are valid only when confirmed in wiring by
Tecnoinox. The contract is finalised when Tecnoinox has sent written confirmation (“order confirmation”) to the customer, even if only by e-mail. Any cancellation, modification, or non-
compliance notification to the order confirmation must be sent in writing within 3 days from the confirmation receipt. Should the customer not notify Tecnoinox, the order confirmation
will be entirely and irrevocably confirmed. In case of any outstanding debt, Tecnoinox has the right to halt ongoing orders. In the event of cancellation or modification of orders of non-
standard items, which do not appear in the price list and are manufactured upon request only, Tecnoinox is authorised to request compensation for damages to the customer. If an order is
confirmed with advanced payment terms by Tecnoinox and the customer has not made the payment within 30 calendar days from the dispatch date (as stated in the order confirmation),
Tecnoinox will consider the order void and, in case the order included non-standard items, Tecnoinox is authorised to request compensation for damages to the customer. Gas appliances
are arranged for standard natural gas G20 (with LPG nozzle kit).
2. “48 HOUR” DISPATCH ORDERS: The subject of the order request must be “48 hour dispatch” and only one piece per model is allowed. Orders will be dispatched early in the afternoon
on the date requested, provided that Tecnoinox receives the order at least 2 days before by 12pm (midday). Gas appliances are arranged for standard natural gas G20 (with LPG nozzle
kit). Payments in advance should be made via bank transfer at the time of ordering and the receipt must be sent to Tecnoinox. In case of outstanding payments, the company reserves
the right to suspend the delivery of goods. In no case will 48 hour orders be sent to end users. The name of the carrier has to be specified at the time of ordering.
3. PRICES: Prices stated in this contract or offer are based on current production costs. Prices may be revised, should a reasonable increase on factors that determine production costs
occur, from today to the order dispatch. Items are sold at the price shown on the latest price list at the time of order confirmation. Prices do not include installation fees or VAT and are
always intended “ex-works Porcia” (our factory in Italy), unless otherwise specified.
4. SHIPMENT: TShipment is not included in the price and all consignments are always intended “ex works Porcia”, unless otherwise agreed. In case of spare parts orders, a contribution to
the transport cost is always invoiced to the customer, even when there is CPT, CIF or CIP agreement. Transport fees are always invoiced to the customer if the customer instructs Tecnoinox
to arrange transportation from its factory in Porcia to a designated place. Items are shipped at the customer’s own risk even when prices are intended on CPT, CIF or CIP basis. In the event
of additional fees or charges levied on Tecnoinox during shipping procedures, the customer agrees on refunding Tecnoinox when such fees or charges arise from the customer’s non-
compliance to the agreement in matter of date, time and place of delivery. Therefore, should such extra fees charges imposed on Tecnoinox by the forwarder be the result of customer’s
negligence (e.g. the customer is absent when goods are delivered and goods get stocked at current forwarder’s prices), they will all be invoiced to the customer.
5. GOODS RECEIPT: Tecnoinox has accomplished its duties at the very moment it hands over the goods to the forwarder, carrier or courier, designated or agreed upon by the customer.
Therefore, the hangover of the goods from Tecnoinox to the forwarder, carrier or courier represents customer’s acceptance of the goods being delivered. If the customer has instructed
Tecnoinox to arrange transportation from its factory in Porcia, we recommend they carefully follow these guidelines: a) check the actual quantities with respect to what stated in the
delivery note; b) check that all items and their package are in good conditions and, in the event of impaired items (e.g. cartons are broken, cut, unsealed or tampered, package base is
damaged, the scotch tape is tampered, damaged or displays the forwarder’s brand), write this message on the delivery note: “received with damaged package” and briefly describe the
type of damage; c) if items and packages are in good conditions, write this message on the delivery note: “received but not inspected”. We strongly recommend to check the goods and
unpack them in front of the forwarder. Every time the customer notifies a damage to the forwarder, carrier or courier, they must also notify Tecnoinox in writing within 5 calendar days.
Tecnoinox will not process any claims received after this deadline and will not consider any notifications to the forwarder which do not comply with the above instructions.
6. PACKAGING: Packaging in carton boxes or crate is included in the price. Should the client request a different packaging, Tecnoinox has the right to assess feasibility and estimate
additional fees. By confirming the packaging, the customer irrevocably authorise Tecnoinox to charge the additional fees, according to the seller’s calculations.
7. OWNERSHIP OF GOODS: In every case, ownership of goods only passes when the goods have been entirely paid for, in accordance with the total amount stated in the order confirmation.
There is no exception to this and Tecnoinox does not allow any discounts or reductions from the amount due. The conditional sale (“vendita con riserva di proprietà”) is regulated by the
Italian law, “art 1523 codice civile” and following clauses.
8. INSTALLATION AND USER MANUAL: All appliances, extras and spare parts must always be installed and used in compliance with the instructions and warnings which can be found on
the instruction manual and installation drawing, both provided with the items. Extra and spare parts may only be installed on Tecnoinox products. The customer is responsible for proper
installation and proper use of purchased items. Professionally qualified and authorised personnel is strictly required for the installation of Tecnoinox products. Always read carefully and
abide by all the instruction contained in the manual, installation drawing and warnings placed on the package. Tecnoinox declines all responsibilities for customer claims related to: non-
compliant use of the items, manipulation or alteration of the items, installation or use of the item in conjunction with appliances that can harm its right functioning or wrong installation
of the item. The appliances are supplied with no wiring cable and no water inlet cable.
9. GUARANTEE: Tecnoinox provides guarantee on all items for a period of 12 months from the dispatch date. The guarantee covers faultiness due to defected materials or manufacturing
flaws. Tecnoinox will replace the faulty goods free of charge only if the goods are defected at source. The guarantee excludes any other right the customer might claim. Tecnoinox
declines any responsibility for direct or indirect economic damages resulting from the faulty item and shall not refund labour costs or other charges that may arise upon the customer
for installation, replacement or repair of the faulty item to the customer in any circumstance. The customer must notify any faultiness, defect or non-conformity of the products in
writing to Tecnoinox within 8 calendar days from the delivery and no claim shall be processed after this deadline. The customer must notify any concealed loss or damage (which was
not apparent from the exterior at delivery time) within 8 calendar day from discovery and no claim shall be processed afterwards. The guarantee will not apply when item faults are the
result of: customer’s negligence and/or improper (not compliant with technical instructions) use of the item, wrong installation or maintenance, installation or maintenance executed by
unauthorised or unqualified personnel, use of inadequate cleaning products or cleaning procedures, improper stocking, handling or transport of the items, improper or incautious use of
the item (also refer to n.8) or any other circumstances that cannot be reasonably linked to manufacturing flaws. The above mentioned guarantee is the only form of guarantee granted to
the customer and rules out any other responsibility of Tecnoinox or any other guarantee claims that differ from the above. In any case, all components subject to ordinary wear and tear
resulting from the use of equipment (as but not limited to: electrical heating elements, switches, lamps, seals, etc.) are not covered by the warranty.
10. DELIVERY TERMS: The order confirmation states the dispatch date of the good at our factory in Porcia (Italy). The dispatch date is the result of an accurate estimate of manufacturing
times but it is never binding: dispatch times might be extended in the event of various impediments, which Tecnoinox was not able to forecast at the time of order confirmation. The
customer exempts Tecnoinox from any responsibility for loss or damage deriving from late delivery.
11. FORCE MAJEURE: Should Tecnoinox be prevented from fulfilling its contractual obligations due to force majeure or other circumstances beyond its control or will, the fulfilment of these
obligations will be automatically deferred for the period during which such circumstances persist. Should such circumstances persist for over six months, either party can ask for the
cancellation of the contract of sale and, in this event, Tecnoinox shall return the customer any advance payment received with no further obligation.
12. PAYMENTS: The customer irrevocably accepts the terms of payment stated in the order confirmation in the very moment they accept the order (also refer to n.1). If the customer makes
payment via bank transfer, they should bear every transaction cost or fee levied by the banks involved in the process. Should Tecnoinox be credited a smaller amount of money to what
agreed in the order confirmation or in the invoice, this will result in arrears which the client has to pay as soon as possible, not to be debited interest on arrears. Should Tecnoinox be
credited a higher amount of money to what agreed, this difference will be deducted from the total amount due on the following order. Payments that are not honoured by the agreed
deadline will automatically trigger interest on arrears, calculated as the sum of the ECB reference rate and the additional rate of 8 (eight) percentage points, as per EU law. Apart from
due interest, Tecnoinox is automatically entitled to a minimum fixed amount of €40 to compensate for recovery costs, as per EU law, and will also separately claim compensation for all
remaining reasonable recovery costs. In the event of outstanding debt, Tecnoinox is authorised to suspend upcoming deliveries and orders immediately and with no notice.
13. RETURNED GOODS: In theory, no right to return the goods exists if not when claiming a guarantee (also refer to n.8). The customer must notify Tecnoinox of their intention of returning
the goods in writing within 30 calendar days from delivery and any notification after this deadline shall not be considered. Tecnoinox has the right to: decide whether to proceed with
the request and accept the returned goods, define the transport fee to have the goods returned (which will be charged to the customer) and the eventual full or partial refund. Should
Tecnoinox accept the returned goods, it will issue a returned goods authorisation and delivery will arrange the return with a forwarder of its choice. Tecnoinox has an ongoing agreement
with forwarders where forwarders can only take instructions regarding delivered goods from Tecnoinox.
14. DEBIT OFFSET: Offsetting debit and credit amounts is forbidden by the Italian law, as per “art. 2424-ter codice civile”.
15. LEGAL REGULATION AND JURISDICTION: This contract is regulated by the Italian law. Any controversy arising out of or relating to this contract of sale shall be settled by the Court of Pordenone (Italy).