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Conditions of Sale
| Introduction |
For practicality and quickness in communications, it is to all effects understood that the customer documentation is considered an order confirmation which will be stamped and approved by the persons responsible within The Lucefin Group and to then be returned to the customer. |
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| General conditions of supply |
The contract of supply is regulated by the agreements and the conditions found in the present general conditions which will be completed when the confirmation of order is placed. In the case of incompatibility the confirmation of order will have prevalence. Oral or written communications (e.g. quotation requests), different from the present general conditions and from what is indicated in the confirmation of order, will not be considered. In any case, The Lucefin Group reserves the right not to accept the order. In the case of The Lucefin Group deciding, at it’s discretion, not to accept the orders sent by the buyer, the buyer will be sent written notification. |
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| Terms of delivery |
The terms of preparation, of consignment and delivery, however and wherever indicated, must be understood to be an approximate forecast and are only meant as an orientation without any obligation on the part of The Lucefin Group. |
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| Price and conditions of payment |
The product will be invoiced at the price indicated on the price list or at what is indicated in the confirmation of order and is meant ex-factory. In the case of disagreements the confirmation of order will have prevalence. The terms of payment are understood to be thirty days from the end of the invoiced month or as agreed in the confirmation of order. The payment will be made to the bank pointed out in the order of confirmation. In the case of goods not being collected after fifteen days from the notice of goods being ready, The Lucefin Group will have the right to dissolve the contract of supply, by means of written communication to the buyer. |
| Price and conditions of payment |
After this term, the Lucefin Group reserves the right to debit on account eventual storage costs which are incurred beyond the stated term or will have the right to send the goods to the address of the buyer with the consequent burdens and expenses being charged to the buyer. Delay, even partially, of payment, will incur interest on the delayed payment, that will be debited in the measure of a rate equivalent to Euribor at three months increased to a three point percentage. Delay of payment will also give The Lucefin Group the right to modify the conditions of payment of further supplies. At its own discretion, whenever conditions in the estate of the buyer are judged as such to put in danger the payment of the invoice, The Lucifin Group will have the right to suspend the supply. |
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| Packaging |
The Lucefin Group will provide the packaging according to the agreements and is anyway exonerated from any responsibility for loss or damages that are not dependant on malice or serious fault on the part of The Lucefin Group. For particular types of packaging not scheduled in the confirmation of order but requested for at the moment of consignment, the relative extra costs will be included in the invoice. |
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| Controls |
Except when indicated differently, goods of The Lucefin Group are regulated to the norms and to the specifics referred to in the confirmation of order. The eventual testing of the product must be expressly asked for by the buyer in the request of the quotation and approved by The Lucefin Group with mention in the confirmation of order. The place of control will exclusively be that where the product is fabricated or made commercially viable. |
| Controls |
The testing on the part of the buyer or his delegated corporate body is to all effects understood to be free from obligation. The bills of the corporate body are to the total load of the buyer, except where indicated differently in the order of confirmation. Eventual costs anticipated by the Lucefin Group, for bureaucratic matters, will be reimbursed by the buyer. |
| Controls |
If the intervention of testing doesn't happen within fifteen working days from the date of readiness of the order The Lucefin Group will consider the supply approved and it will make provisions for the consignment of the goods which will be accompanied with the certificate of testing of the manufacturing establishment or of the distributing store. If any products are rejected in the course of testing The Lucefin Groups’, only obligation is to substitute the goods in the shortest possible time and with the buyer being unable to demand any reimbursement. |
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| Guarantee |
The Lucefin Group guarantees that the supply of the product will satisfy the characteristics specified in the confirmation of order. No responsibility will be taken for any applications and operations to which the product will be subjected to by the buyer or those acting for him. No guarantee will be given for the commercial viability, quality and adequacy for specific purposes of the product. Unless specified, during the phase of order compilation, any technical specifications or guarantee requests asked for by the buyer will not be taken into consideration. |
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| Claims and damages |
Possible claims for products, which do not correspond to the as agreed terms, have to be proposed in writing within the maximum term of eight days from the reception of goods or the right to claim is forfeit: this term is extended to ninety days for the declaration of the hidden defects. In the case of the claim arriving according to the as quoted above terms, and the claim has foundation after the verification of the technicians, the obligation for The Lucifin Group is that they are bound only to substitute the goods which have been judged as not corresponding to the as agreed terms which are to be delivered in the same condition as the first supply only after the contested supply being returned; the customer has no right to ask for the dissolving of the contract or the reimbursement of the damages. |
| Claims and damages |
No reimbursement will be given for incurred expenses of workmanship or performed treatments already executed on the materials contested. Claims or protests do not give rights to the customer of suspending totally or partially the payment of invoices relative to the material contested. The buyer has no right of claim and therefor of substitution of the product, if workmanship or the use of the contested material is not immediately suspended. In any case the reimbursement for verified damage will not exceed the maximum amount corresponding to 25% of the value of the supply. |
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| Breaking of the contract |
In the case of unforeseen events, causes beyond control and accidental cases The Lucefin Group will have the right to withdraw from the agreement and to suspend the supply in course. The same is valid when facts and circumstances alter the conditions of the market and the value of currency in a substantial way. In case of the contract being broken on the part of The Lucefin Group, the buyer will not have the right to receive any reimbursements. |
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| Court of reference |
Possible controversies that should arise between the parties regarding the contract of supply, will be submitted exclusively to the Court of Brescia (Italy) . The issue of drafts does not mean that the territorial authority can be moved to the place of residence of the debtor. |
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| Applicable law |
The contract of supply is considered concluded in Italy at the commercial offices of The Lucefin Group. The contract of supply complies with the laws of The Italian Republic, even making an exception to the regulating norms contained in the Convention of Vienna dated April 11 1980, for the international sale of commercial goods. |
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| Article 10 law 31-12-1996 n° 675 (privacy) |
We wish to inform you that, for the carrying out of the contractual relationships, we are in possession of data judged as personal by the above quoted law. |
| Article 10 law 31-12-1996 n° 675 (privacy) |
The data is treated on the base of the contractual needs and of the legal obligations, it is elaborated in a way to guarantee safety and privacy, it can be communicated to institutes of credit, commercial societies, credit recovery companies, connected firms, consultants and professionals, and to a third party for the supply of services. Responsibility for the treatment of the data is our society, in particular, the person responsible for the Information System. | Top
Purchase Conditions
| Responsibility of the supplier |
The present general conditions of acquisition form an integral part of all contracts, the same as the supply of products, whose manufacture or workmanship, commissioned by any enterprise. The acceptance on the part of the seller, in every order placed by The Lucefin Group, will be abided by under the present conditions, except when different by written accord between both parties. It will be understood that, in the case of differences between the present conditions and possible clauses inserted in the text of the order, the last will be adhered to. In any case, the eventual general conditions of the seller, will not be applied, even partially, without express approval from The Lucefin Group. The present conditions will stay in force for an indefinite time and The Lucefin Group reserves the rights of modification by giving a warning of thirty days. The same term comes granted to the seller and, in the absence of written communication on the possible unavailability of continuing the relationship because of the new conditions, the modifications will be understood to have been accepted. |
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| The entering in force of the contract |
Except where indicated differently by the Lucefin Group, every contract of supply will enter into force, only under the condition that the seller has returned the confirmation order, stamped and signed, within twenty days from the date of issue. The signature should be of a representative of the seller in possession of the necessary powers and, in any case, The Lucefin Group is exonerated from every verification regarding this. |
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| Documentation |
The material object of the order is to be furnished complete with all of the requested technical documentation and certification such as Order and Identification Cards. The declaration of conformity to the specifics referred to in the confirmation order form an integral part of the documentation of supply. In the case of documentation being incomplete and not conforming to the as quoted above instructions, payment of the relative invoices will be effected only after the completion of the required documentation. The affixing of the distinctive signs of the seller on the material object of the order will be agreed upon by both parties. |
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| Execution of the supply |
The supply must be executed in conformity to the prescriptions indicated in the order and in the technical specifications of The Lucefin Group. Any change to the contract must be agreed upon, in writing, before acquiring validity. The seller will guarantee that the materials are exempt from vices or defects that could jeopardize following phases of workmanship. |
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| Correspondence |
The Lucefin Group reserves the right to send its own orders by means of electronic mail. All correspondence, which both parties exchange in execution of every contract of supply, must always refer to the relative number of the order and must be sent to one of the addresses written on the face of the same order, except when particular prescriptions have been agreed upon between both parties. |
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| Packaging of the materials |
The seller must provide adequate packaging and protection for the supplied goods, and assure an orderly control of the goods in order to avoid damages during transport. The technical specifications of The Lucefin Group must find a conforming application on this matter. The seller will be held completely responsible for possible damages to the material caused by unfit packaging and protection of the material. |
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| Terms of delivery and return |
The delivery will take place in the place indicated on the order form and the seller will remain responsible for the damage of the product up to the moment of delivery. The terms of delivery indicated in the order are strict and essential, except when The Lucefin Group has the right to postpone such terms at the request of the seller by giving fifteen working days notice, with respect to the expiry date. Possible penalties for delayed delivery will be indicated in the order and automatically deducted from the invoice of the seller. The seller will undertake to accept any possible diminutions in the object quantity of the order, provided that they do not exceed 25% and under the condition that the seller has been given sufficient notice. For delays superior to five weeks, The Lucefin Group reserves the right to dissolve the contract, without the seller having any rights to apply for reimbursement of damages. |
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| Consignment |
The consignments will be effected by the most suitable means of transport with the cost being agreed upon by both parties. It is obligatory that the seller compiles the list that indicates; the nature, weight, dimensions, quality of the material as per indicated in the technical specifications, for each package. |
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| Billing |
Invoices must arrive in original form with the indicated order number of The Lucefin Group. They will not be issued with a date prior to that of the delivery of the product and they will be subject to the fiscal treatment in force up to the moment of the operation. |
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| Formality of payment |
The payments will be effected according to the agreed upon formalities written in the order. In the case of breaches on the part of the seller, The Lucefin Group reserves the right of suspending payments. |
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| Control of goods |
Non-conforming goods or non-recoverable goods will be returned at the expense of the seller. Every incurred expense of selection or of recovery will be charged to the seller. Any material which The Lucefin Group judges as not being up to standard still has to respect the notes indicated in its technical specifications. |
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| Privacy |
The seller is bound to observe the maximum privacy of all notices of a technical and commercial character. No notices are to be divulged, without written consent from The Lucefin Group. |
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| Sub-supplying |
It is absolutely forbidden for the seller to entrust to a third party the execution, even partially, of the supply without explicit agreement of The Lucefin Group. In the case of the sub-supplying being authorized, the seller will still remain responsible for the correct and exact manufacture of the product. |
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| Court of reference |
For any disputes refer to the Court of Brescia Italy. |
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| Article 10 law 31-12-1996 n° 675 (privacy) |
We wish to inform you that, for the carrying out of the contractual relationships, we are in possession of data judged as personal by the above quoted law. The data is treated on the base of the contractual needs and of the legal obligations, it is elaborated in a way to guarantee safety and privacy, it can be communicated to institutes of credit, commercial societies, credit recovery companies, connected firms, consultants and professionals, and to a third party for the supply of services. Responsibility for the treatment of the data is our society, in particular, the person responsible for the Information System. | Top
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