SALES TERMS

 

1 Orders

the transmission of an order amounts to a contract proposal. Minusco will transmit its confirmation of order in case of acceptance, indicating the terms of delivery, prices, payment terms , etc. The order confirmation must be signed by the client and returned. Supply of the ordered goods amounts to acceptance and stipulation of the contract even in the absence of the order confirmation.

 

2 Prices

the price applied is the price resulting from the price list in force as of the date of the order. Prices are net of VAT, delivered ex-works from the Minusco plant in Nave, standard packing included. Minusco may modify its price list at its complete discretion, without any particular obligation to communicate and advertise the change. The products in the catalogue without any price indication are to be considered special products for which the price has to be established case by case with the seller. This also applies to products that do not appear in the catalogue, produced to the specifications of the purchaser to meet specific needs.

 

3 Delivery

Deliveries are made ex-works. In the absence of any specific instructions from the purchaser, the goods will be shipped to their destination by a carrier selected by the seller. Freight, insurance and any other expenses relative to shipment of the goods are for the account of the purchase. The risks relative to the goods are transferred to the client at the time of delivery of the goods to the carrier. Delivery dates are indicative, reflecting normal production conditions susceptible to variation during production of the goods. The terms agreed in any case start from the date of the confirmation of order transmitted by Minusco. If any amount has to be paid as a deposit, the terms of delivery start from the time of receipt by the seller of this amount.

Delays in delivery , whatever the cause , do not give any right to reimbursement of damages of any kind..

If shipment is to be made by a carrier indicated by the buyer, the goods must be collected from the Minusco warehouse within 15 days of the date of notice, by fax, that the goods are ready . Failing this, Minusco may consider the contract cancelled, without jeopardy to any of its rights to reimbursement of the damages.

 

4 Payment terms

Payment must be made at the time agreed and indicated in the confirmation of order and subsequent invoice. Minusco has the faculty to request payment of a deposit in a measure not exceeding 30% of the value of the order. If the order is cancelled or the goods are not collected or are collected only in part, the deposit will be withheld by Minusco as a penalty as per art.1382 c.c. while the company retains the right to request reimbursement of additional damages .

Delay in payment with respect to the agreed term will automatically result in the application of interest charges at the legal rate plus 2%. In case of delayed payment Minusco may also suspend all orders to be filled until such time as arrears have been settled. The terms of deliveries relative to suspended orders shall start from the date of settlement of the arrears, with the faculty for Minusco to revise the payment terms agreed upon at the time of acceptance of the order proposal.

 

5 Claims and guarantee

At the time of arrival of the goods the purchase should verify the regularity of the supply. Any apparent faults in the product shall be reported in writing within 8 days from delivery otherwise the goods will be considered as accepted in full. The same term applies for invisible flaws, from the time of their discovery. In any case, no claims will be accepted after one year from delivery.

In the flaw, duly reported in the terms , is effectively due to a production defect and not to normal deterioration due to use, negligence, carelessness or abuse by the buyer or authorized users, tampering, repairs made by unauthorized parties, accidents or acts of God, the seller will provide to replace the defective product free of charge, as well as accepting the charges for return of the goods to the buyer-retailer. Any other costs or damages shall no be charged to Minusco.

 

6 Legal jurisdiction

For any controversies relative to the validity , interpretation, performance or termination of this agreement the Court of Brescia has exclusive legal jurisdiction.