1) The orders shall be considered accepted only on receipt of written confirmation. Exceptions to the general terms of the contract must be stipulated in writing only. The delivery terms are purely indicative. For any stoppage in works or procurement beyond the control of our Company, in Italy or abroad, e.g. lack of raw materials, strikes, etc. that inhibit production, shall free us from observance of the agreed deadlines. Contractual penalties or other right to arrears for failure to observe the delivery deadline shall not be valid, nor shall the contract be considered cancelled.
2) In the event of changes in transport and customs tariffs, raw materials prices or other unpredictable events, the agreed prices may be changed, also during the course of a given supply where such a change exceeds 20% of costs agreed at the time of the order. In such cases, the change will result in an integrated increase in such costs.
3) Acciaitubi S.p.A. shall arrange packaging according to its experience and customary practice, and shall be explicitly exempt from all liability for losses and faults.
4) Unless otherwise agreed, the contract shall be concluded as “EXW”, i.e. ex-works Acciaitubi S.p.A. Where a free carrier sale is specifically agreed, the goods shall travel at the full risk and expense of the buyer. The means of transport and delivery route shall be the decision of the supplier, unless specific instructions are provided by the buyer.
5) Acciaitubi S.p.A. shall retain the right of ownership to sold goods until full settlement of the related price.
6) Sold goods must be inspected and any non-compliance claimed in writing by the buyer within 8 days of delivery acceptance. Any goods returned must be delivered FOC to Acciaitubi S.p.A. warehouses. The Acciaitubi warranty shall be limited to the issue of a credit note and replacement of the goods. All right of the buyer to compensation for damages and reimbursement of expense shall be excluded.
7) Except in cases of consumer protection, Acciaitubi S.p.A. shall not be liable for damages deriving from the use of their products by third parties.
8) On expiry of the payment deadline agreed under contract, interest shall be calculated on sums due from the buyer at the rate of 8% plus the current average refinancing rate of the European Central Bank pursuant to art. 5, Italian Legislative Decree 231/2002. If no such deadline is agreed, interest shall become payable from the 31st day after the invoice date, or transport document date if earlier.
9) In the event of breach of even one payment deadline, Acciaitubi S.p.A. shall have the right to claim immediate payment in full of all sums outstanding. Where the buyer has a number of contracts in progress with Acciaitubi S.p.A., failure to observe the payment terms of a single supply shall give Acciaitubi S.p.A. the right as vendor to suspend implementation of other supplies pending.
10) The place of settlement and payment shall be the registered address of the buyer, Acciaitubi S.p.A. Any note, bill of exchange or cheque issued against the price and their place of settlement shall not be excluded from the above provision regarding the place of payment.
11) This contract shall be governed by Italian law. The place of jurisdiction for any dispute shall be the Court of Lecco. Acciaitubi S.p.A. shall also have the right to bring legal action against the buyer before the aforementioned court.