The following conditions, unless otherwise agreed between the parties in writing, are considered known and accepted by the sending of the order proposal, through any media, including those via computer, online cart and / or contact information area on site www.incoll.com. The catalogs and other promotional merchandise are indicative of the type and range of products offered by the company. The features described in the catalogs and on the website are subject to periodic updates and changes without prior notice or warning. No information contained in catalogs and on the website is therefore binding and binding for the company. The sales contract will be concluded only with the order confirmation sent in writing by Incoll.
1.1. The supply relationship is governed exclusively by the agreements and conditions, here agreed from the Parties as general terms, which will be complemented by specific order confirmations. Clauses inserted in order confirmations shall prevail over these conditions if either incompatible.
1.2. These conditions are an integral part of all sale contracts concluded by the Seller. Inconsistent conditions put in orders by the Buyer will be not affixed.
1.3. Additions and changes to the terms and conditions of sale will be valid only if agreed in writing between Buyer and Seller. In each case, the Seller shall have, at its sole discretion, the right not to accept orders.
1.4. The order confirmations will be considered approved in all their parts if Buyer within ten days of the date of the issue will not submit any notices.
2.1. The payment of the agreed fees must be paid at the headquarters of the Seller. Will have preferential terms and manner those specified in the written order confirmation.
2.2. In case of delayed or non-payment, even partial, of fees, will be due to the Seller default interest, with effect and the essay under Legislative Decree. 09/10/2002 n. 231 and any changes. We will also be charged € 40 as a flat-rate contribution for expenses incurred for management practice.
2.3. The failed payment, even partial, or delayed or incorrect, of defendant price, will give entitled the Seller to rescind the existing relationships and / or to suspend the execution of further supplies and / or to modify the conditions and terms of payment of the same, without this gives to the Buyer the right to suspend the payments of what has already been delivered. The Seller will be entitled to demand compensation for damages.
2.4. If, in the opinion of Seller, the financial circumstances of the Buyer may be such as to endanger the payment of the due, the seller shall be entitled to suspend the execution of the relationships in place.
2.5. If the Buyer fails to collect the goods or not puts the Seller in condition to deliver the same, the latter will have right to demand the full payment of the amounts after fifteen days of notice of readiness of the goods.
3.1. The goods remain the property of the Seller until full payment, though converted or sold by the Buyer, on which however looms every risk, including the chance of loss from the upon delivery of the goods to the carrier.
3.2. This clause is essential and crucial to the completion of the sale.
3.3. In case of non-payment at the due date the Seller has the right to ask for it at the expense of the Buyer of the material provided, and retain payments on the price received, without prejudice to further his rights.
3.4. The Buyer is obliged to oppose on third the ownership of the goods in head to the Seller and to communicate without delay to the latter any executive order or protective measure concerning the goods.
4.1. The prices indicated on order confirmations include the costs of packaging and protective equipment needed to prevent damage or deterioration of the goods under normal conditions of transport.
4.2. Seller shall be exempted from liability for loss and damage and the goods travel are always at the risk of the Buyer.
4.3. Unless otherwise agreed the goods are sold "ex works".
4.4. The delivery terms contained in order confirmations are purely indicative and not peremptory. Delays and / or partial deliveries by the Seller will not entail any right of the Buyer to pay compensation for damages or to termination of the contract.
5.1. The prices of the General Price List are set for goods delivered ex-works.
5.2. The minimum net order value for deliveries in Italy is 150 € + VAT. For less orders will be charged a fixed net value of € 10 + VAT.
5.3. The minimum order net value for deliveries abroad is 500 € . For less orders will be charged a fixed net value of 15 € .
5.4. For each order line with ruptured of packaging respect the standard catalogue, will be charged a fixed net value of 3 € for recovery of costs and packaging
5.5 Orders can be sent by fax, agent, letter, e-mail, online cart and / or contact information on site www.incoll.com. They do not accept phone orders.
6.1. The Seller will not assume any responsibility for the processing and the uses for which the goods are submitted by the Buyer and / or its assignees and does not provide any suitability warranty of the goods for specific applications, even if indicated in the documents of contract. Except in cases of willful misconduct or gross negligence, it remains excluded each contract or tort liability for any direct or indirect, including loss of profits or loss of contracts suffered from the Buyer for lack of quality and / or characteristics of the goods supplied.
7.1. The state of preservation and packaging of the goods must be examined by the Buyer upon delivery: any reservations not listed in the copy of the shipping document and countersigned by the driver of the vehicle or from the person who represents the Buyer will not be enforceable to the seller.
7.2. Any deviations from the agreed specifications or quality terms of goods, and the presence of defects of they must be reported in writing, under penalty of forfeiture, within thirty days of receipt, with a specific indication of their the nature and extent. With the same form must always be completed, under forfeiture penalty, the denunciation of any hidden defects within eight days after discovery and no later than ninety days from receipt of goods. Returns of goods later more than 3 months after the sale, must be authorized, and will be valued at 50%. It will be charged the cost of repairing packaging. Processing, transformation or customization or resale of goods lead to the ineligibility of any dispute.
7.3. In any case, the Seller's liability is limited to the replacement of non-conforming material, with the express exclusion for the Buyer of any resolution and / or compensation. It is also excluded in such cases the right to suspend the payment of the goods challenged.
7.4. Claims and complaints and, in general, any complaint of the Buyer on the implementation of the benefit payable by the Seller, can't give to the Buyer the right to suspend the payment of goods value, also with regard to any further supplies. In case, the Buyer will act in separate proceedings.
8.1. The prices indicated on order confirmations are net of VAT. All export fees and duties will be on Buyer charge.
9.1. The Seller has the right to terminate and / or suspend the contract, giving notice to the Buyer in a reasonable time, if due to unforeseen events, force majeure or fortuitous events, circumstances that change so substantially the cost of raw materials, the prices of the markets, the value of money or otherwise, at the discretion of the Seller, not allow the continuation of the relationship. In such cases Buyer will not be entitled to compensation.
10.1. The Buyer is responsible for all data and identification information transmitted to the Seller as name, Company name, address, tax ID and whatever specifically required by law.
11.1 The contract of supply is considered concluded in Italy, at the registered office of the Seller, and the relations between the parties are governed by the laws of the Italian Republic, also departing from the mandatory provisions contained in the Vienna Convention for the International Sales of movable dated 11th April 1980.
12.1. For all disputes arising between the parties, such as those concerning the interpretation, validity and execution the contract will have jurisdiction exclusively to the Court of Como (Italy).
It declares to accept all the aforementioned conditions, and specifically the following articles:
numb. 3. - RESERVATION OF OWNERSHIP
numb. 4. - DELIVERY
numb. 11. - DISCIPLINE
numb. 12. - TERRITORIAL JURISDICTION