Field of application
These General Conditions govern all current and future sales contracts between Investarm Srl and its customers. Any exceptions will be valid only if agreed in writing between the parties.
Documentation
All specifications, measurements, prices and other data included in the catalogues, website, price lists or other illustrative documentation of Investarm Srl are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall be binding only in so far as they are expressly mentioned as such in the offer or order confirmation of Investarm Srl. The latter reserves the right to make changes to its products at any time, if considered convenient, and will inform the customer thereof if the changes affect supplies being executed for it.
Contract formation
The Buyer's acceptance of the offer or Investarm's confirmation of the order, regardless of how made, entails the application of these General Conditions to the contract of sale, even when acceptance takes place by simple execution of the contract.
Prices - Payments
Prices are taken from the price-list in force on the date of the order and, unless differently provided by written agreement between the Parties, are always quoted ex-works headquarters of Investarm Srl (Incoterms 2010). All payments, and any other sum due to Investarm Srl for any reason, are understood to be net at Investarm's domicile and must be carried out in conformity with the methods agreed. Any delay or irregularity in payment entitles Investarm Srl to suspend deliveries in progress, even if not relating to the delayed or irregular payment, or to change the terms of payment for future deliveries without prior notice. If the buyer fails to take delivery of the Goods at the Delivery Location or in case the purchase order is cancelled, any advance payment paid by the purchaser shall be held by Investarm Srl and not returned and Investarm Srl reserves the right to claim a compensation for possible damages suffered. Any dispute from the buyer regarding the products supplied do not justify late payment.
The products delivered remain Investarm’s ownership until full payment has been made (retention of title).
Delivery
Goods are delivered EX Investarm Srl Works in Marcheno, Brescia Italy (Incoterms 2010). Unless otherwise agreed, the risks related to the supply pass to the buyer when the goods leave Investarm's plant. The delivery terms are approximate in favour of Investarm Srl and in any case with a reasonable margin of tolerance. Except in the case of willful misconduct or gross negligence of Investarm Srl, any liability of Investarm Srl for damages deriving from anticipated, delayed or non-delivery, total or partial, is excluded.
Warranty
Investarm Srl guarantees that the products supplied comply with its own technical specifications. The warranty shall not apply in the event that the customer or the user fails to use the products correctly or carry out proper maintenance or when the products are altered or repaired by the Purchaser without prior authorization in writing of Investarm Srl. The warranty period is 6 months starting from the date when the product is delivered to the customer. The warranty for products that are replaced or reworked ends upon the expiry of the warranty period originally granted. The customer is required to make a written complaint with a detailed indication of the defects or non-conformities declared. The customer waives the right of guarantee if it does not allow any reasonable control that Investarm srl requests or if, after Investarm srl requests the return of the defective products, the customer fails to return them within a short time of the request. Following a regular complaint of the Buyer, Investarm srl, within a reasonable amount of time in relation to the extent of the complaint, can at its discretion: a) deliver free of charge EX WORKS headquarters of Investarm Srl (Incoterms 2010) to the Buyer products of the same kind and quantity as those found defective or not in accordance with what had been agreed; in this case Investarm srl can demand the return of the defective products, which become its property or their scrapping at the customer's expense; b) re-work the defective products free of charge; c) authorize the customer to carry out the repairing operation, compensating the costs incurred provided they have been previously agreed and expressly accepted by Investarm Srl in writing; d) credit the customer with an amount equal to the price of non-compliant products. The warranty defined in this article replaces legal warranties for defects and compliance and excludes any other possible liability on the part of Investarm srl in any way arising from the supplied products subject to civil liability described in the following article (Public liability for defective products). No other remedy or claim can therefore be asserted by the buyer, in the same way no other costs or expenses can be charged to Investarm srl: in particular, compensation for any direct, indirect or consequential damages or lost profits are excluded.
Public liability for defective products
Compensation for any damage to persons or things resulting from the defective nature of the Products directly attributable to Investarm Srl is limited to the maximum sum indicated in Investarm's public liability policy and is subject to the terms and conditions of the said policy.
Applicable legislation - Competent jurisdiction - Disputes
These general conditions of sale are governed exclusively by Italian law. For any dispute between the parties, the Cout of Brescia (Italy) will be competent exclusively.
