|ART.1)||RISK||The goods travels at any rate at the customer’s risk of even if sold ex-works.|
|ART.2)||DELIVERY TERM||The delivery term mentioned in our Order Acknowledgments will be observed as much as possible, but it is in no way binding; any damage indemnity for possible delays is excluded.|
|ART.3)||DUTIES, TAXES & FEES||Any variation or change in the customs duties, transportations fees, or VAT percentage, either in increase or in decrease, will be exclusively at the buyer’s charge or benefit.|
|ART.4)||GARANTEE||ELAP guarantees the quality, the construction and the finish of its materials, in the sense that we pledge to eliminate possible evident defects communicated within 8 days from the goods receipt, and possible hidden defects communicated within 24 hours from their discovery. Failure to communicate the defects within the mentioned terms causes the guarantee to decay.
The possible defective or failing operation of the machine devices are applied on, or the possible consequent delay in the operation or in reparations, will not give right to the buyer to any compensation for damages, nor to the extention of the guarantee right, nor to the request of the contract resolution.
Claims must be made in writing by registered letter within the mentioned term, otherwise they will have no contractual or legal value. The guarantee right decays after the perentory term of twelve months after the goods delivery.
The garantee right also decays if the claimed defects result to be arisen by deeds or omissions of the buyer himself, or the buyer’s personnel or third parties, such as incorrect installation, unexpertness in operating the supplied good, wrong od abnormal use, overload of tension, exceeding the values ±10% of those indicated, defective maintainance, employ of unsuitable lubricants, and all what can cause damage to the supplied equipment.
The guarantee right also decays immediately if the customer of its own initiative applies to the sold equipment, instrumentations or material not authorized by ELAP, or has reparations, substitutions, modifications or however tamperings done without the supplier’s written authorization.
|ART.5)||GARANTEE LIMITS||Our guarantee is limited to such obligations and for the above mentioned terms; any compensation of damages on our side and any other demand aside from the Customer is excluded.
For the material not of ELAP supply, the same general conditions granted by the suppliers are valid towards the customers.
Any services of our technicians outside our seat, that may be necessary for the replacement or reparations of the materials in guarantee, will be at any rate at the Customer’s charge.
|ART.6)||RESPONSIBILITY||The vendor is exempted from any responsibility and obligation for any accident to people or things that may happen during the use of the supplied goods, and for cause or dependence of the same: that also during the testing, and even in case the accident derives from construction or materials defect.|
|ART.7)||PAYMENTS||The payments must be sent to ELAP premises. Arrears interest will be applied on the sums not payed on the due term.|
|ART.8)||SOLVE ET REPETE||The buyer may not, for pending complaints or for any other reason, neither suspend nor delay the payment terms settled in the order confirmation, nor object to the obligation of payment; before clearing the payments the buyer may not sue against ELAP, neither promote counter-claims nor oppose to injunctions, writs, inforcements or inforcement acts.|
|ART.9)||SUPPLY SUSPENSION||Failure to clear payments within the terms leads us to promote the suited legal actions, and to suspend any outstanding supply, keeping the sums already collected as damage compensation, without prejudice for further actions and indemnities we may be entitled to.|
|ART.10)||PRODUCT PROPERTY||The property of the product shall not pass to the buyer until the whole purchase price has been payed for.
The covering of the price through bills does not constitute payment until the extinction of these, and we will be entitled to claim our materials back despite the enforcement of the bills.
As long as the material remains of our property, the buyer has no right to sell it or to bind it in any way, but he shall be responsible of its maintainance and care on his own account and risk.
If the buyer does not fulfill this obligation or if he delays the payments we are authorized to declare the contract resolved and to ask for the immediate return of the material with immediately executive decree and with exemption of the term as from art. 482 C.P.C. ; the installments of price, that have possibly been paid, will be held as damag refund without prejudice for further actions and damage compensations.
|ART.11)||COMPETENT JURISDICTION||Milan Court is exclusively competent for whatever controversy may arise.|
|ART.12)||Any possible dispensation to our general conditions of sale shall be made in writing. All the conditions that precede, no one excluded, are essential to the contract.|