The present sale conditions apply to all orders submitted to SACTO S.r.l. by the beneficiary and they invalidate and replace any other condition referring to the orders made by the beneficiary, except for the special agreements between parties.
The beneficiary, after having made every individual order, will receive the order form from the Sacto S.r.l. company, and the form has to returned to it, signed and sealed, so that the order could be confirmed. We warn that in the situation when, within 3 consecutive work days from the receipt of the form, we haven’t received it back, we will consider you have totally accepted the order confirmation. The received orders are irreversible. The exception lies in the Sacto S.r.l. company’s right not to carry out the orders received, according to their own judgment, without the liability to previously send a notification or justification, if the order form mentioned above hasn’t been sent. In all cases, Sacto S.r.l. company will not take orders of a net value below the amount of € 500,00 (for shipments in foreign countries only).
Prices are understood as ex work, no VAT, and without transport fees, insurances, fees and customs taxes, unless in the confirmation of the order it has been agreed differently.
For program orders, the prices will be those that are valid at the time of shipment.
Prices include standard package.
Payments, as they were settled between the Parties, will have to be made at the headquarters of the Sacto S.r.l. Payments made by means different from those settled between the parties will not be regarded as valid, unless they had been previously authorized by Sacto S.r.l. Payments made by drafts or checks do not derogate from the provisions of art. 1182 of C.C.
Any delay in payment will generate payment of interests, according to regulations of commercial transactions, D.Lgs.nr.231/08.10/2002, as well as other additional expenses.
In compliance with art.1461 of C.C., it is the company’s right to suspend carrying out the obligations deriving from sale, in case the patrimony conditions of the Beneficiary might jeopardize the performance, except for the performance of a conformable warranty.
Orders will be carried out within the limits of the Sacto S.r.l. company’s availabilities, except for the situation when the Beneficiary requests keeping the evidence of potential remnants.
5. TRANSPORT AND DELIVERY
Even if delivered free house, the goods will be transported on the Beneficiary’s risk. In case of damages, theft or missing goods during the shipment, potential claims are to be addressed expressly to the intermediary, being the latter’s liability.
At delivery, the Beneficiary has the obligation to check the data in the shipment documents, so that they should match the goods delivered; in case of nonconformities, an explicit reservation must be submitted to the intermediary.
If when opening the packages, there are missing goods as compared to the goods mentioned in the transport document, or if the goods are proved to have a different form as compared to the one mentioned in the transport document, the situation has to be registered and sent in written form to the Sacto S.r.l., at most 8(eight) days since the reception of the goods (art.1495 and 1511 c.c.), later claims will not be taken into consideration.
6. DELIVERY TERM
Subject to agreed terms between the Parties, Sacto S.r.l. will not be liable for delivery delays and losses suffered by the Beneficiary, cause of such delays. The delivery term mentioned in the confirmation form may vary, depending of the supply schedules provisioned at the time of the order’s reception and it must be understood as shipment term.
These terms have an indicative character and not a binding one, complying with art. 1457 C.C. and failure to comply with this term will not give the Beneficiary the right to request any kind of reimbursement or compensation for delay of the delivery.
7. RETURNS OF GOODS
Any return of goods due to causes which cannot be attributed to Sacto S.r.l. or due to order errors will be accepted only if they had been previously authorized and they will carry a percentage tax as administration and refurbishing expenses.
Anyway, the return of goods will be accepted only if it is shipped porto franco and it is accompanied by the corresponding transport document and only if the goods are not damaged and/or incorrectly handled.
The products which will be regarded as defect by Sacto S.r.l., will be replaced or repaired within the warranty terms.
The legal and contractual warranty is exclusively used in case of defects related to construction flaws.
Sacto S.r.l. does not provide a warranty for defects caused by (i) damage occurred during transport; (ii) improper or careless use of the product; (iii) failure to observe the instructions of Sacto S.r.l. related to functioning, maintenance and preservation of the product; (iv) repairs or modifications carried out by the Buyer or third parties, without the authorization of Sacto S.r.l.
In any case, products damaged due to normal wear are not to be replaced.
9. CHARACTERISTICS OF CATALOGUE PRODUCTS
All technical data and characteristics of the products exhibited in the Sacto S.r.l. catalogue have an indicative character and not a binding one. Potential modifications, regardless the reason, are allowed to be made without notifying in advance the Beneficiary and they will not justify potential claims of the beneficiary.
The present General Conditions and every Individual Sale are regulated and interpreted in compliance with the Italian legislation, which will be applied for all that’s not expressly specified above.
Any litigation, which cannot be solved outside court, regarding the interpretation and performance of the present Contracting Conditions, will be submitted to the competent Court of Monza.
11. GENERAL PROVISIONS
The present General Sale Conditions cancel and replace all the conditions previously published.