Order and Order Confirmation
The supply is made under the conditions explicitly defined in the order confirmation, which prevails over any other previous document or agreement. Anything not explicitly stated in the order confirmation follows the general conditions set out here.
The delivery of the products, unless otherwise agreed in writing, is always meant FCA Bagnoli di Sopra, according to INCOTERMS®. If the collection of the material takes place after the agreed date, it is the seller’s right to request payment of the storage costs. In the case of delivery to destination, we cannot be considered liable for any damage and theft: the goods travel at the risk and peril of the customer, even if the price includes transport to destination. Any dispute for deficiencies or damage to the goods must be reported by the recipient on the delivery note or on the Waybill.
Packaging is always invoiced together with the goods. If explicitly provided for a repurchase agreement, the packaging must be returned in good condition no later than 12 months from the invoice date.
Indemnities and Claims
Delivery terms are indicative and delays do not give the right to any kind of indemnity, unless explicitly established by written contract between the parties. Every complaint must be submitted in written within 30 days from receipt of the goods. The goods recognized as defective, after our solely and unquestionable evaluation, can be replaced as soon as possible, and the defective goods can be collected. No further compensation or penalties will be recognized, unless they have been previously agreed in written between the parties.
Payments must be done within the agreed deadline. The bank commissions due for payment are charged to the customer. Any delays will result in the forfeiture of the established discount and the effective date of interest on arrears, without the need for formal notice of the debtor, according to Legislative Decree 231/2002, amended with Legislative Decree 192/2012. In the event of default, we reserve the right to take any other legal action, to demand advanced payment of remaining credits, and to consider any current contract terminated, not recognizing any kind of claim for indemnity.
All materials sold remain our exclusive property until they have been paid in full.
The raw material made available by the customer on subcontracting must be made available at least 4 weeks before the expected delivery date. In case of delayed availability, the delivery dates may be postponed with respect to what stated in the order confirmation. Any delay in payments by the client will entitle the contractor to withhold the material received on account as a guarantee for payments. In the event of delays in payments extended beyond the term of 60 days, the contractor will have the right to terminate the contract by written communication, offsetting the amount due by the client with the equivalent value of the raw material received in the processing account, according to the LME prices recorded on the date of communication of termination, without prejudice to the right to compensation for any other damage suffered.
Metal booking on the LME value
If the customer does not collect the material booked on the LME, partially or totally, he is obliged to compensate the seller for any loss resulting from the difference between the fixed value and the current value of the LME.
In cases of force majeure, the seller cannot be charged with any damage suffered by the customer due to the failure or delay in supplying the product.
The judicial authority of Padua is competent for any dispute.
Conditions in derogation
Any condition in derogation or not foreseen in these general conditions will not be valid unless established in written agreement between the parties.