Trading Terms & Conditions
INTRODUCTORY STATEMENT: Our supplies include the products specified in our Sales confirmation and are governed by the following Terms and Conditions which the CUSTOMER declares to understand and to accept, except for possible derogations stated in an explicit written agreement. In particular all foreign supplies will be governed by INCOTERMS, as defined by the International Chamber of Commerce.
1. TECHNICAL DOCUMENTATION. Technical documents such as drawings, descriptions, illustration and data on dimensions, performance and weight as well as the reference to standards are for information purposes only. POLYPIPE ITALIA reserves its right to carry out all the modifications which are considered necessary in accordance with technical progress. All technical documentation remains intellectual property of POLYPIPE ITALIA and may only be used for purposes agreed with POLYPIPE ITALIA.
2. REGULATIONS EXISTING IN THE PLACE OF DESTINATION. The CUSTOMER must inform POLYPIPE ITALIA of the existence in the place of destination of the goods of all laws and regulations referring to the carrying out of the supply or to the respect of safety or approval procedures.
3. PRICES. Unless otherwise agreed, prices are to be considered net ex works POLYPIPE ITALIA, without VAT, including standard packing. All further costs as transport, insurance, export import costs, transit, and license or certification costs, and other supplementary costs are at the CUSTOMERS’s expense. If said costs are included in the contract price/order confirmation, POLYPIPE ITALIA reserves the right to revise their prices accordingly should any changes occur in the relevant tariffs. Taxes, fees, duties are also at the CUSTOMER’s expense. Prices will be those in force at the time when the order was placed, except in case of forward delivery. In the latter case, the prices in force at the time of shipment will be invoiced. Our prices include normal packing; special packing, if required, will be charged separately and at pure cost.
4. PACKAGING. To speed-up delivery and to facilitate warehousing at the CUSTOMER’s, POLYPIPE ITALIA reserves the right to convert the ordered quantities into multiples of the standard packages, as shown in our price list next to each item.
5. MINIMUM PURCHASE Italy € 300,00 – Export € 500,00.
6. PAYMENT CONDITIONS. Payments must be carried out by CUSTOMER within the agreed terms without deductions such as discounts, costs, taxes or dues. The CUSTOMER may only withhold or off-set payment due against counterclaims which are either expressly acknowledged by POLYPIPE ITALIA or finally awarded to the CUSTOMER.
7. PROPERTY RESERVATIONS. Goods remain POLYPIPE ITALIA’s property until the settlement of all overdue invoices and all claims, present and future, which POLYPIPE ITALIA may have against him. Should the CUSTOMER’s behavior not suit contract agreements, especially in case of lack of respect of payment terms, POLYPIPE ITALIA is allowed to ask CUSTOMER to return the goods with obligation of immediate carrying out of the above mentioned request.
8. DELIVERY. Unless different written agreements have been taken, delivery terms are not binding but merely indicative and approximate. In any case delivery terms become effective the moment after the actual conclusion of the contract. Delivery terms are however to be considered extended if:
• POLYPIPE ITALIA are not supplied in time with the information necessary for the execution of the contract or if subsequent changes causing delays are made by the CUSTOMER.
• POLYPIPE ITALIA services should be hindered or made impossible by any cause not depending on it, such as unforeseen or unavoidable facts, for example delayed of faulty supply on behalf of the selected suppliers, dissension of work, authorities decisions, lack of raw materials or electricity, complete destruction of the plant or of some relevant departments, damage of important plants, breakdowns, or other things like strikes, traffic blocking and so on;
• the CUSTOMER delays fulfilment of contract obligation, particularly in case of disrespect of payment conditions. Partial deliveries are admitted. In this case POLYPIPE ITALIA is allowed to issue partial invoices.
9. PASSING OF RISKS. The risk in the goods shall pass to the CUSTOMER as soon as they have left POLYPIPE ITALIA’s works, even if delivery is made carriage-paid, under similar clauses or when carriage is organized and managed by POLYPIPE ITALIA. If the delivery is delayed beyond POLYPIPE ITALIA control, the risk pass to the CUSTOMER when it is notified that are ready for dispatch.
10. TRANSPORT AND INSURANCE. Unless different written agreements have been taken, dispatch and transport costs are at the CUSTOMER’s expense. Insurance of goods against any kind of risk is at the CUSTOMER’s expense. Even if settled by POLYPIPE ITALIA, it is considered to be on request, behalf and risk of the CUSTOMER. Other special requests regarding dispatch and / or insurance have to be previously communicated to POLYPIPE ITALIA. Otherwise dispatch is carried out at POLYPIPE ITALIA’s discretion and without any responsibility, choosing the quickest and the cheapest possible way. In case of free delivery supply, dispatch will be at POLYPIPE ITALIA’s expenses. Other costs due to specific requests will be at the CUSTOMER’s expenses. In case of damage or loss of goods the CUSTOMER has to issue corresponding reserves on attached documents and immediately ask the carrier a careful investigation on the facts. The communication of goods deriving from transport but which cannot easily be established must reach the haulier within six days from delivery.
11. CONTROL AND TESTING OF SUPPLIED GOODS. The goods will be subject to normal inspection by POLYPIPE ITALIA during manufacture. Additional tests required by the CUSTOMER shall be agreed upon in writing and shall be charged to the CUSTOMER. Any purported defect needs to be immediately notified in writing upon discover. Notice concerning weight, numbers or apparent defects is to be given latest within 30 days from receipt of the goods, notice of other defects latest within the agreed warranty period. Even in case of complaints issued according to norms and terms the CUSTOMER has to pay the invoice at the indicated date, and no action against POLYPIPE ITALIA can be done before then. Possible complaints and protests concerning one single supply do not allow the CUSTOMER to refuse receiving the remaining part of the goods included in the limits of the order.
12. WARRANTY POLYPIPE ITALIA guarantees that the supplied goods meet the promised characteristics and are fault free in accordance to the actual techniques, for both materials and manufacturing; on the other hand it does not guarantee that goods meet particular requests on behalf of the CUSTOMER. Warranty is issued with the following limits and conditions: it lasts 12 (twelve) months starting from the moment the final user receives the goods, but not more than 18 (eighteen) since the dispatch from the factory. In case of regular complaint and after written request by the CUSTOMER, POLYPIPE ITALIA will repair, or at its discretion, substitute, free of charge (ex factory), all those parts resulting demonstrably suffer from faulty design, materials or workmanship or from faulty operating or installation instructions. The substituted parts shall become POLYPIPE ITALIA’s property. We shall be duly informed about any accidents in which our products are involved and such accidents shall be reported to us immediately and within 24 hours of their occurrence in writing to firstname.lastname@example.org
13. RETURNED-MATERIAL. Returned items must be previously authorized by POLYPIPE ITALIA. POLYPIPE ITALIA will accept only items in good conditions and in original packages. Returned material due to wrong CUSTOMER list orders, will be charged of a 25% to cover handling costs. The CUSTOMER will have the possibility of receeding from the contract, or requesting contract price reduction only if the repair of replacement is impossible, or POLYPIPE ITALIA is unable or refuse to remedy the defect of replace the defective goods within a reasonable period of time. Goods manufactured under specifications, drawings, pattern supplied by the CUSTOMER, the warranty is limited to proper material and workmanship. Normal wear, inadequate storage or maintenance, failure to observe the instructions for use, overstressing or overloading, use of inadequate production mean, inadequate interventions on behalf of the CUSTOMER or thirds, use of non original parts and other causes which cannot be ascribed to POLYPIPE ITALIA are not included in the guarantee. For goods or essential components manufactured by a third party and supplied by POLYPIPE ITALIA under this contract, POLYPIPE ITALIA warranty is limited to the warranty provided by said third party.
14. RESPONSIBILITY LIMITATIONS. Except in case of fraud or gross negligence of the Seller, the Seller’s only obligation in case of defects, lack of quality or non-conformity of the Products will be that of repairing or replacing the defective Products. It is agreed that the above mentioned guarantee (i.e.: the obligation to repair or replace the Products) is in lieu of any other legal guarantee or liability with the exclusion of any other Seller’s liability (whether contractual or non-contractual) which may anyhow arise out of or in relation with the Products supplied (e.g. compensation of damages, loss of profit, recall campaigns, etc.).
15. APPLICABLE LAW PLACE OF LAWFUL JURISDICTION. Contract relationships between POLYPIPE ITALIA and the CUSTOMER are regulated by Italian laws. The jurisdiction of Genoa is exclusively competent in case of possible controversies, the CUSTOMER having to give up any other jurisdiction and/or competence even in case of connection or relation with an action undergone by thirds. However in case of non fulfilment on behalf of the CUSTOMER, POLYPIPE ITALIA will have the faculty to convene with the CUSTOMER in front of the jurisdiction where the latter has its domicile or headquarters.
16. CUSTOMER SERVICE. Our Technical and Commercial Services are available to all our CUSTOMERS to provide any information on the characteristics and application sectors of our products.