Contract conditions | Cromatura Dura

GENERAL CONTRACT CONDITIONS

1. GENERAL CONDITIONS
1.1 With signature for acceptance of the order, including these General Conditions, the client accepts all the conditions indicated below, the sole and final expression of agreements with Cromatura Dura S.r.l. (or Vendor), regarding the service rendered; any amendment to the contractual conditions may not be made and may not be attempted unless in written form.
1.2 If a provision of the contract should become totally or partially obsolete, it shall be replaced by a clause possibly conforming to the legal and economic effect intended by the suppressed clause.

2. CONCLUSION OF THE CONTRACT
2.1 The contract is considered to be concluded when the company Cromatura Dura S.r.l. receives a purchase order on the basis of the offer sent or the price list existing at the time of the order itself.

3. SALE PRICES
3.1 The prices indicated in the contract are based on the costs of labour and materials, known on the date of the offer, and are understood as ex Lozza factory, net, without any reduction unless an agreement in this sense has been reached by the parties.
3.2 If any changes should occur in costs or unforeseen additional works, the sale prices may be the object of a revision by Cromatura Dura S.r.l., without the Buyer being able to be released from the undertaken obligations.
3.3 In any case, price variations must be previously agreed with the Buyer.

4. MATERIAL
4.1 The Buyer shall deliver the material in a condition that complies with the requirements of the machining processes to be carried out and accompanied by the technical documentation (drawings, inspection certificates, etc.).
4.2 In the event of the delivery of non-conforming material, Cromatura Dura S.r.l. may proceed with the necessary processing of the material at the exclusive cost of the Buyer.
4.3 Additional processing will be the object of an offer previously sent to the Buyer.

5. DELIVERY DEADLINES
5.1 Observance of delivery deadlines assumes that all the Buyer’s contractual duties have been satisfied.
5.2 The delivery deadline is always understood as approximate and not binding for the Vendor; any delays may not be cited as a cause for termination of the contract or to any other effect. Unless a written agreement to the contrary has been reached, under no circumstances may the Vendor be obliged to pay any compensation for direct or indirect damages on the part of the Buyer due to late delivery within the above-indicated deadlines.
5.3 Without prejudice to the above, the parties recognise as justified grounds for delay in the delivery of the material: delay in receipt of raw materials, non-conformity of the same, technical incidents at the premises of the Vendor and/or third parties or causes of force majeure.
5.4 All transport costs, incurred from departure from the factory at Lozza, and the relevant risks are the responsibility of the Buyer, unless agreed otherwise in writing.

6. PAYMENT
6.1 Payments must be made within the deadlines indicated in the invoice.
6.2 In the event of delayed payment, interests will automatically be charged by the Vendor at the rate stipulated by DLGS [Legislative Decree] 231 of 2002.
6.3 In the event of failure to pay the amount due, Cromatura Dura S.r.l. reserves the right to interrupt the service and to start procedures to recover the credit.

7. GUARANTEES
7.1 Cromatura Dura S.r.l. assumes all responsibility for the functioning and quality of the goods and services supplied and guarantees that they are suitable for the usage to which they are intended and that they are free of obvious or hidden faults, on the basis of the processing procedures ordered and the deposits on the base materials, for the period of 12 months from notification that the goods are ready at our factory.
7.2 That mentioned above will be guaranteed on condition that the specifications of the materials necessary for optimal adherence have been brought to the attention of Cromatura Dura S.r.l.
7.3 Any faults discovered must be notified to Cromatura Dura S.r.l. in writing within 10 days of receiving the goods.
7.4 The guarantee covers and is limited to the repair, free of charge, of the parts which can no longer be used due to defects or processing faults, as long as said parts are returned to the Vendor, free the Vendor’s factory.
7.5 The Vendor shall not be responsible for faults or defects that derive from materials, designs or actions by the Buyer, without explicit written agreements.
7.6 The guarantee does not extend to faults or breakages deriving from natural wear and tear, negligence, improper maintenance, inexperience, carelessness, incorrect storage or usage of the processed goods, failure to notify use of particularly aggressive agents and so on; the guarantee also shall be suspended if the Buyer delays payments, until payment have been settled, unless agreed otherwise in writing.

8. REPRESENTATION POWERS
Any agreement regarding stipulation or execution of the contract shall only be valid if signed by the Legal Representative of Cromatura Dura S.r.l. or by a person in possession of a proxy in this sense.

9. TERMINATION CLAUSE
9.1 In addition to the cases of Law or in the other cases specified above, the Vendor shall have the right, through a simple written communication, to terminate the contract if the Buyer fulfils all or part of its own obligations, and in particular should the Buyer become insolvent or subject to insolvency proceedings or forced expropriation.
9.2 Until full payment of the prices, in the case of transformation or amendment of a legal-economic nature of the Buyer (transfer, sale, investment, merger, reduction of capital or such like) the Buyer shall notify the Vendor immediately. The Vendor may then consider the contract terminated ipso iure or accept the new situation notwithstanding the obligation as transferred above, in any case also at the joint charge of the original Buyer.

10. NONFULFILMENT ON THE PART OF THE VENDOR
10.1 Termination of the contract, on the grounds of proven liability on the part of the Vendor, shall entitle the Buyer to the return only of any advanced payments made, increased by interests at the legal rate.

11. COSTS
11.1 Any cost, charge and tax connected to this contract shall be charged to the Buyer.

12. JURISDICTION
12.1 The contract must be considered as subject to Italian law and for any and every dispute which should arise from the same shall fall under the exclusive jurisdiction of the Court of Varese.

Sede legale

CROMATURA DURA S.r.l.

via Volta, 1

21040 LOZZA - (VA)

Italia

Tel. 0332 816914 r.a.

Fax 0332 816938

Internet: www.cromdura.it

e-mail: cromdura@cromdura.it

Pec: cromdura@certimprese.it

CROMATURA DURA S.r.l.

Capitale Sociale Euro 89.000 int. vers.

R.E.A. Varese 278079 - Part.IVA: IT 02690960121

Reg. Imprese VA - Cod. Fisc.: 02690960121

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