General Conditions of Sale

The General Conditions of Sale are an integral part of the purchase order made by the customer and are applied as essential clauses of the same.

The Special Conditions reported in the single orders, accepted by Officine Meccaniche CONTE srl (OMC), take precedence over the General Conditions of Sale and may constitute a waiver or amendment to them.

The General Conditions of Sale shall apply to all purchase orders transmitted by the Customer who, placing at the bottom of the order, date, stamp and signature for acceptance, declares to have read and accepted these Conditions.

In the event that one or more of the items provided for in these General Conditions of Sale are for any reason ineffective or contrary to mandatory rules of law, the ineffectiveness or contrary to mandatory rules of law will not extend to the other provisions of these General Conditions of Sale.

Art. 1 ORDER ACCEPTANCE

The Customer will send by e-mail or fax the order proposal of Officine Meccaniche CONTE srl, dated, signed and stamped for acceptance, within the deadline established in the Proposal. Officine Meccaniche CONTE srl will provide within 5 days to send the order confirmation to the Customer and only from that moment will be committed to the Customer for the execution of the order itself. If no order confirmation is sent after the 5 days indicated, the order will be considered accepted.

If the Customer sends the Supplier General Conditions of Purchase, these will be considered accepted, for the parts contrary to the General Conditions of Sale described herein, only if signed for acceptance by the Supplier.

Art. 2 DELIVERY TERMS AND CONDITIONS

The delivery terms indicated in the proposal of sale of Officine Meccaniche CONTE srl are intended to start from the date of order confirmation and are not binding. Should the proposal provide for penalties for late delivery exceeding 5% of the amount of the order, only penalties up to a maximum of 5% will be considered accepted by OMC, even if a higher figure is indicated on the copy of the proposal/quotation. Delivery terms can be extended in case of force majeure events beyond the control of Officine Meccaniche CONTE srl.

Officine Meccaniche CONTE srl will inform the Customer immediately.

The goods, unless otherwise indicated, travel at risk and danger of the Customer. All prices are exclusive of VAT and Ex works (Incoterms 2020).

Art. 3 TYPE OF PACKAGING

Unless explicitly communicated in writing by the Customer, in which a specific mode of packaging is defined, the packaging used will be the responsibility of Officine Meccaniche CONTE srl.

Art. 4 CHECK OF THE SUPPLY

Any first test of the material must be carried out at the Customer’s premises at his own care and expense.

If the customer decides, for reasons of urgency shared with the Supplier, the repair of part or all of the material received because it is not recognized as perfectly conforming to the purchase order, the Supplier will be charged for the expenses incurred.

Art.5 RESPONSIBILITY FOR UNAUTHORIZED MODIFICATIONS AND REPAIRS

In compliance with the regulations in force, the Customer is responsible for any damage caused to things or people due to incorrect installation, testing or maintenance of the items purchased from Officine Meccaniche CONTE srl.

Moreover, the Customer is obliged to hold Officine Meccaniche CONTE srl harmless from any claim for compensation as a consequence of the defectiveness, non-conformity, non-reliability of the modification and/or repair not authorized by Officine Meccaniche CONTE srl.

Art.6 WARRANTY

The products supplied are covered by warranty as provided for by the regulations of the supplier’s country, unless otherwise expressly agreed and indicated in the purchase proposal.

For disputes relating to the non-conformity of the supply to the purchase order, the terms for the action of the guarantee are derogated to 30 (thirty) days.

Art. 7 PRICES AND TERMS OF PAYMENT

Prices, terms and terms of payment are indicated in the Order Proposal issued by Officine Meccaniche CONTE srl.

If not indicated in the Order Proposal, the payment terms are intended as 30% upon order confirmation and the remainder upon presentation of the proforma invoice and in any case before sending the order to the customer.

In case of delayed payment, commercial interests will be charged according to the official discount rate increased of three points.

Payments must be made at our domicile and we do not recognize those made to others if not provided with a special mandate. In case the Customer delays for more than 15 days the payment of the balance with respect to the agreed date of shipment and / or does not collect the goods ordered in the 15 days following our notice of order processed, Officine Meccaniche CONTE srl may require a contribution for warehouse management of € 50.00 excluding VAT per day, until delivery. Will be refused all changes to the order communicated after the acceptance of the same.

Art. 8 PRIVACY

The Parties declare to mutually authorize the processing of personal data in accordance with the information referred to in Legislative Decree 196/2003 and GDPR 2016/679.

Officine Meccaniche CONTE srl in compliance with the decree indicated declares that any treatment will be based on principles of correctness, lawfulness and transparency, as well as protection of confidentiality and rights of all parties involved.

The data will be processed exclusively for purposes related to the proposed sale. The data will be processed using instruments that guarantee security and confidentiality in accordance with the provisions of this Decree.

The Parties declare that they are aware of the contents of Legislative Decree 231/2001 and GDPR 2016/679 and mutually agree to base their respective behaviors aimed at the implementation of the proposed sale to the principles of transparency and fairness and the strictest compliance with the Decree. They also declare that they have never so far incurred the commission of one of the offenses covered by the same.

Art. 9 COMPETENT JURISDICTION The proposed sale will be regulated and interpreted in every respect by Italian law, declaring as of now the competent court of Vicenza (IT).