The present general sales conditions are valid for any order received by Munari Materie Plastiche srl and constitute essential part of it. Any modification or amendment to the present clauses as well as any particular condition must be agreed upon in writing.
OFFERS – ORDERS – ORDER CONFIRMATIONS
Our offers are formulated without obligation. Only our order confirmation commits us and its content prevails over our offers and over the customer’s purchase order. Nothing receiving from the purchaser within 3 days after the seller’s order confirmation has been sent, it will be assumed it has been integrally accepted. All the clauses through which the purchaser contravenes to the dispositions of the present sales conditions or, for anything not included herein, to the dispositions of the Italian Law are to be considered null to us.
Our prototypes and the processing methods used in their realization remain our property where not otherwise arranged. If their creation is agreed to be free of charge, it becomes onerous if the customer uses them for his own interest or makes it available to others.
The purchaser may be asked to contribute to the equipments costs, shuould they be dedicated to high frequency welding, die-cutting, printing and/or other. This contribution confers no property title to the purchaser, except in case of our explicit declaration; furthermore, in case of another explicit declaration on the purchaser’s request, the contribution to the equipments costs does not imply their exclusive use by the purchaser who contributed.
The purchaser undertakes not to directly, indirectly, through a third person, corporation or society, use nor reveal to third parties any information he might have learned during the contractual relationship, related to the technique and the technology used by Munari Materie Plastiche srl.
Technical drawings, sketches, samples, offers as well as any document issued by Munari Materie Plastiche sr and received by the purchaser are subject to the same confidentiality clause.
DELIVERY TERMS AND PLACE – RISK TRANSFER
Delivery or shipment terms indicated on our offers or order confirmations are merely approximate towads us. Causes of force majeure or, in any case, out of our partial or complete control, relieve us from the partial or total processing of the order. Any shipment delay doesn’t entitle the purchaser to any refund requests nor to cancel the order. Goods always travel at the purchaser’s own risk, even if the delivery is “ex works”. Without any written agreement, we reserve the right to choose the means of carrying as well as the packaging.
LIABILITY AND CLAIMS
The purchaser has to examine the goods as soon as they are received. In case of possible lack or breakdown, claims and regular reserves must be communicated within 24 hours after the delivery directly to the carrier even if the goods are delivered “ex works”. Any claim related to the execution of the order have to be communicated to us by phone and then confirmed in writing (e-mail or fax) within 8 days after the delivery. Our liability for possible damages, non complying goods or violation of further agreements is nevertheless limited to the portion of the goods that has been object of the claim. No other responsibility can ever be ascribed to our company. Inflatable items are randomly tested, not singularly. The return, ex-works, of possible non complying goods is subject to our written consent and has to be complete of regular waybill as well as of the information related to the original waybill and/or invoice released by Munari Materie Plastiche srl.
Thicknesses and dimensions are considered as binding with the normal tolerances of use, explicit written dispensation excepted. A tolerance of +/- 10% compared with the quantity to be shipped is always considered as authorised. The quantities indicated in the documents accompanying the goods are considered with a tolerance of +/- 1%.
All prices are net and expressed in Euro (€). Any charge or charge or freight increase has to be paid by the purchaser. If the order requires deliveries after 3 months from the order confirmation date, we reserve the faculty to revise the agreed price, comparing it to the new market conditions.
Currencies are always determined at the single invoice date, different agreements between the parties excepted.
PAYMENT – JURISDICTION
At the due date, payments have to be carried out according to the agreed terms and conditions always quoted in our order confirmation. As an explicit agreement, we reserve the entire property of the delivered goods up to the total amount settlement by the purchaser as well as the right to sell them – to the customer’s detriment – in the event of non withdrawal in the agreed terms. Any claim or pending file does not exempt from the commitment of punctual payment. Its delay, even if partial, gives rise to the immediate effectiveness of the interests on arrears, reckoned on the basis of the BCE rate at the due date with an extra charge of 7%, maximum limits in force excepted. Such a delay authorises us to instruct the Institute for the credit recovery, charged with the expenses and the interests on arrears, and it authorises us to immediately suspend the eventual further shipments addressed to the purchaser. The parties establish in Padova the legal jurisdiction for any dispute.
In any case of force majeure or of modifications in the purchaser’s situation the articles nr 1.256, 1.258 and 1.461 of the Italian Civil Code are applicable.
ACCEPTANCE OF THE GENERAL SALES CONDITIONS
Our responsibility as sellers is exclusively established by the signature of the present general sales conditions by the purchaser who has to sign and send the present document back to us by electronic mail, fax or post.
In any case, the withdrawal of our goods entails the complete acceptance of the present sales conditions by the purchaser.
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