Art.1 Purpose - The General Sales Conditions contained herein govern all present and future sales contracts between the parties, with the exception of any derogations specifically agreed to in writing. Buyer’s general conditions will not be applicable to future relationships between the parties unless express written approval is given. Any trade terminology used (EXW, FOB, CIF, etc.), refers to the Incoterms 2010 of the International Chamber of Commerce.
Art.2 Formation of the contract - Buyer must send its order in writing to P.R.PLASTIC (also by fax, e-mail) and it is considered accepted only after P.R.PLASTIC’s order confirmation has been faxed/e-mailed/by web to the Buyer. Unless otherwise agreed upon in writing between the parties, the orders shall strictly comply with the minimum quantities requirement listed for each product in the price list of P.R.PLASTIC. It is possible to order a “not standard quantity”, that is a different quantity from the quantity each bag or its multiple, with a contribution for not standard quantity each item/size/colour/material.
Art.3 Technical Data – Weight, size, performance and any further technical features about the products given in catalogues, price list, schedule, letters etc. are to be considered approximate and they are not binding for P.R.PLASTIC unless expressly confirmed in its order confirmation.
Art.4 Warranty - Product liability – Due to the wide range of uses of its products, P.R.PLASTIC warrants the performance of its products only and exclusively in relation to uses, destinations, applications, tolerance, etc., expressly agreed in writing with the Buyer. Buyer shall test the samples of the products as to the use agreed with P.R.PLASTIC and it shall provide its customers or other third parties with all the instruction and information relevant to the products.
The warranty shall be valid for a period of 30 days from the date of delivery. Claims must be in writing, addressed to P.R.PLASTIC and must include the indications of the model, the item code, the delivery date and detailed descriptions of the defects and of the quantity of the defective products. Following an official claim placed by Buyer according to the above, within a reasonable period considering the extent of the claim, P.R.PLASTIC may (at its own option): (a) supply free of charge to Buyer (transport costs included), products of equivalent quality and quantity to replace the defective or non conforming products. In such case P.R.PLASTIC may require the return of the defective products, which then become its property; (b) credit Buyer a sum equal to the value of the defective or non-conforming products. This warranty supersedes all legal warranty for defects and compliance and exempts P.R.PLASTIC from any other responsibility for the supplied products; in particular, Buyer shall not be entitled to any further requests for whatever damages - direct (i.e. based on lost revenues or profits) indirect, incidental, exemplary or consequential damages - price reductions or contract termination. No claim shall be placed against P.R.PLASTIC after this warranty has expired.
P.R.PLASTIC shall not be deemed liable against any product liability claims asserted by third parties relating to damages sustained as a result of a defective products.
Art.5 Delivery - The delivery terms are not grant. Unless otherwise agreed, products are supplied EXW Passirano (Italy). Risks relating to the supply shall, at the latest, be transferred to Buyer when the products leave P.R.PLASTIC's factory. P.R.PLASTIC shall in any case not be liable for damage arising from total or partial early or late delivery. Partial deliveries allowed.
Buyer must always accept the delivery of the products, even in the case of partial deliveries.
Save for the case of P.R.PLASTIC’s fault or force majeure, if the Buyer does not take delivery of the products it shall bear all the costs and expenses that may derive from its behaviour and any amount for whatever reason owed to P.R.PLASTIC shall become immediately due. Furthermore, P.R.PLASTIC may (at its own option): a) stock the products at Buyer’s risk and expense; b) send the products, in name and on behalf of the Buyer to its plant, all expenses beared by Buyer; c) sell the products on Buyer's behalf, retaining all the sum due to P.R.PLASTIC, as well as the expenses supported. Save and unprejudiced the right of P.R.PLASTIC to claim for any further damages. In no event shall P.R.PLASTIC be liable for any consequential or indirect damages arising from or connected with anticipated, late, partial delivery or as well as non delivery.
Art.6 Prices - Payments – P.R. PLASTIC can change its price lists in any moment; anyway the prices of the products are those listed in P.R.PLASTIC’s price list in force on the date of the order’s receipt. Unless otherwise agreed, prices are EXW P.R.PLASTIC (packaging included). For invoices with a total amount for goods of less than 100,00 eur on a monthly base a contribution for administrative charges of 10,00 eur will be included in the invoice. Payments made to agents, representatives or sales assistants shall not be considered as made until the relevant sums are credited to P.R.PLASTIC. Any delay or irregularity in payment shall give P.R.PLASTIC the right to suspend supplies or cancel the contracts in progress as well as to modify the payment terms for the subsequent supplies (asking advanced payment or other kind of guarantee), save the right of P.R.PLASTIC to claim for any suffered damages. For a partial covering of administrative expenses for payment reminders, P.R. PLASTIC will charge 50.00 eur and issue an invoice for it. Starting from the payment deadline, P.R.PLASTIC shall have the right to interests for delay as per art. 5 of Italian Legislative Decree n. 231 dated 9/10/2002. Buyer is also obliged to make full payment even in cases of claim or dispute.
Art.7 Retention of title – P.R.PLASTIC reserves the right of ownership for all goods supplied until full payment has been made.
Art. 8 Privacy. The buyer will treat all technical and commercial data regarding P.R. PLASTIC without any disclosure to third parts.
Art.9 Disputes - Law - All disputes arising from or connected with contracts to which these General Sales Conditions apply, shall be finally settled by the Brescia’s competent Court (Italy); nevertheless P.R.PLASTIC shall have the right to act before the Buyer’s Court. These General Sales Conditions shall be governed and interpreted according to the Italian law.