TERMS AND CONDITIONS OF SALE
Our sales are made exclusively under the particular conditions and these general conditions that the buyer formally recognizes and accepts. Any other contrary or different condition that may be stipulated by the purchaser before or even after, as far as we are concerned, will not be considered valid without our written acceptance.
ARTICLE 1: The transfer of ownership of our products is suspended until the completion of the payment by the buyer, i.e. the actual collection of the price by the seller. However, the granting of a deferment of payment implies the express authorization for the buyer, in the course of his normal trade, to resell our products before full payment, the sale always being carried out by the buyer on behalf of the seller and being able to keep the part of the price obtained by the buyer until the established due date. However, this authorization to sell the products is revoked with full right without notice and without any formality in case of non-payment by the buyer, filing of the balance sheet or bankruptcy of the buyer. Moreover, this authorization may be revoked without notice and by simple letter of the seller if the buyer does not pay on the due date, if the seller has serious or particular reasons to fear the buyer's insolvency, or if the buyer does not comply with one of its obligations; this revocation shall take effect immediately, thus stopping the sale by the buyer of the unpaid products and granting the seller the right to claim possession and take back the products at any time upon simple request.
ARTICLE 2: Notwithstanding the retention of title clause, and whatever the mode of shipment, including carriage free, our products travel at the risk and peril of the purchaser who assumes the risks and responsibility for the products, particularly in case of loss, deterioration or destruction, including force majeure from the moment they leave our warehouses.
ARTICLE 3: Processing of orders and shipments. Unless otherwise agreed, our products and all services following the sale, are considered available for the customer, when he receives notice the goods are ready, and makes payment by bank transfer, with a 5% disc for all new customers until they have established regular business relationships for supplies. For orders of less than Euro 300 +IVA, payment will also be made by bank transfer when the customer receives notice the goods are ready, with a 3% disc.
For our regular customers, for orders over Euro 300 +IVA the payment can be made with RB gg.60 d.f.m. (60 days after invoice, at the end-of-the-month, by bank transfer). Our prices are to be considered factory free and free of any packaging that will be charged in the invoice.
ARTICLE 4: The prices and conditions indicated by our agents and representatives are always subject to our written acceptance. Our prices are indicative only and are subject to change.
Futura Srl reserves the right to modify prices according to the time of confirmation, but once confirmed, orders will be processed at the agreed prices.
ARTICLE 5: Any complaint, under penalty of invalidity of the same, must be communicated by registered letter within 8 days from the date of receipt of goods.
We do not accept returned goods if not after ns. written confirmation. After 20 days from the date of our delivery note will be retained an amount equal to 10% of the value paid as a contribution to expenses for control, handling, and any damage to the paint or other evidence of use of the instrument before returning to the factory.
ARTICLE 6: Without prejudice to the effects of the retention of title clause, it is stipulated that, as long as necessary, in the event of non-compliance by the purchaser with any of its obligations, particularly those concerning payment on the due date, or the consequences resulting from the revocation of the resale authorization, the sale under consideration may be cancelled as of right by means of a simple letter addressed by the seller to the purchaser, causing the expiry of the term for all amounts still due under current sales contracts and/or the cancellation (or waiver, if necessary) of all current contracts indicated by the seller, whether or not the sales contracts refer to products on which ownership has been or is being reserved.
ARTICLE 7: We retain the right to make use of the provisions of Articles 1 and 6 even if we have not made use of them in other shipments or at a given time.
ARTICLE 8: On the other hand, it is expressly stipulated, for the identification of the products shipped to the buyer, that the rule in common use in the profession according to which the products that arrived first to the buyer's warehouse will be the first to be picked up and paid for shall apply, so that we can assume that our products existing at the said warehouse are, up to the amount due, those that we have most recently supplied to him.
ARTICLE 9: In the event that the invoice settlement is not received by the due date, Futura Srl. reserves the right to claim a minimum indemnity equal to 5% of the amount still due.
ARTICLE 10: The shipping delays mentioned in our order forms and in the relevant confirmations are purely indicative and the purchaser will not be able to claim any penalty on the delay under any circumstances.
ARTICLE 11: Futura Srl will be the guarantor of the instrument sold for the entire duration envisaged by the particular conditions of the conventional warranty. Unless otherwise agreed upon, it is hereby established that the vendor's conventional warranty will be limited to the repair or replacement of the part recognized as defective by Futura Srl. to the exclusion of all damages and interest, whatever the reason, transportation costs for sending and returning the equipment, labor and travel will be borne by the purchaser. The warranty does not apply to replacements or repairs resulting from normal wear and tear of the equipment. Likewise, Futura Srl. is not liable for defects or deterioration deriving from incorrect use of the equipment, inexperience of the operator, poor maintenance, etc... The repair, modification or replacement of parts during the warranty period does not affect the warranty term indicated above. Otherwise, the purchaser formally undertakes not to carry out any repairs on the material sold, and not to have them carried out by third parties. Furthermore, it is expressly stipulated that our warranty is granted only to the first purchaser of the equipment: it can only be transferred to third parties by our written agreement.
ARTICLE 12: The court of commerce of our headquarters is the only one competent to rule on disputes that may arise in relation to your sales and their consequences, appeal under warranty or plurality of defendants, regardless of the place of payment established. Our drafts represent neither novation nor derogation to this attribution of jurisdiction.