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General conditions

GENERAL CONDITIONS OF SALE AND WARRANTY

OF THE COMPANY F.O.R.T. SRL – VIA P. CAROTTI,4 – 60035 JESI AN

  1. ACCEPTANCE OF TERMS – All supplies are governed exclusively by the present General Terms and Conditions. Any additional terms or verbal agreements shall be valid only if expressly confirmed by the Seller in writing. No other terms proposed by the Purchaser shall be binding unless expressly accepted in writing.
  1. PRICES – Unless otherwise expressly agreed in writing, the prices set out in the order may be subject to adjustment if increases in costs (including, without limitation, supplier prices, transport costs, or other expenses) occur between the order date and the delivery date.
  1. SHIPMENT, LOSS AND DAMAGE IN TRANSIT – Unless otherwise expressly agreed in writing, supply is deemed to be Ex Works (EXW) Seller’s warehouse. Accordingly, all transport costs and all risks of loss or damage to the goods—irrespective of who enters into the contract of carriage—shall pass to and be borne exclusively by the Purchaser.
  1. CLAIMS – The Purchaser shall inspect the goods upon receipt. Any claims relating to hidden defects must be notified by registered letter or certified electronic mail (PEC) within eight (8) days of receipt of the goods, and must include reference to the relevant shipping documents. Failure to comply with these terms shall result in the forfeiture of any claim.
  1. DELIVERY OBLIGATION – Any delivery dates or deadlines indicated in the order are to be considered approximate and non-binding. The Seller shall not be liable for any delay in delivery, regardless of the cause, and such delay shall not entitle the Purchaser to compensation or to terminate the contract.
  1. PAYMENT, RELEASE EFFECT, LATE PAYMENTS – Payments shall be deemed effected, and therefore release the Purchaser from its obligations, only when the corresponding amount has actually been received and is available to the Seller.Any remittance of funds or negotiable instruments shall take place entirely at the Purchaser’s risk. If the Seller accepts negotiable instruments as payment, they shall have a release effect only upon successful and final collection.Late payments shall automatically accrue interest at the legal rate plus three (3) percentage points, without the need for formal notice or demand.
  1. WARRANTY – The goods are covered solely within the limits and under the terms of the warranty granted to the Seller by the manufacturer, and in any case up to a maximum amount equal to the unit price of the disputed product.The parties expressly agree that the Seller shall not, under any circumstances, be liable for any damages—direct or indirect, material or immaterial—including, without limitation, machine downtime, loss of production, or loss of profit, exceeding the price of the sold item.Any warranty claim or remedy may be exercised only if the Purchaser has fully complied with all its contractual obligations. No set-off or deduction against sums owed to the Seller shall be permitted.The Seller’s warranty obligation shall consist exclusively, at the Seller’s sole and unfettered discretion, in the repair or replacement of the entire unit or of the defective component.All costs relating to dismantling, transport to the Seller’s premises, transport of the repaired or replaced goods back to the Purchaser, and reassembly shall be borne entirely by the Purchaser.Gaskets, springs, insulation materials and similar consumables are expressly excluded from the warranty. For repaired or replaced parts, the warranty is extended beyond the original expiration date for a maximum period of three (3) months from delivery.The Seller shall not be liable for defects, malfunctions, or damages caused by negligence, improper use, excessive loads or stresses, non-compliance with instructions, incompetence, or any other improper handling. If a warranty request is rejected, the Seller shall provide the Purchaser with a standard repair quotation and/or a replacement offer. If the Purchaser does not confirm acceptance, the material will be returned, with all related costs charged to the Purchaser.
  1. RETURNS – Returns of supplied goods or cancellations of orders for goods not yet supplied shall be accepted only with the Seller’s prior written consent. Returned goods must be authorized in advance and shipped at the Purchaser’s risk and expense.
  1. JURISDICTION – For any and all disputes arising out of or relating to this contract, the Court of Ancona (Italy) shall have exclusive jurisdiction. The applicable law shall be Italian law.