GENERAL SALES CONDITIONS

1. These Conditions of Sale shall be considered applicable to any supply Contract (or agreement for sale) concerning the FINI products unless otherwise expressly specified in writing and accepted.

These Conditions of sale are not binding and may be subject to change without prior notice. All the supplies are understood to be accepted at prices included in the Official FINI price list that is effective when the goods are despatched even if these are delivered late in comparison to the scheduled delivery date.

Prices, discount and conditions of single supplies are not binding for following orders. FINI SpA reserves the right to accept or refuse the orders: therefore any order must not be considered as accepted until the Company has issued an order confirmation.

All deliveries of the goods are always priced ex works FINI SpA factory in Zola Predosa (BO).

Packaging in cardboard boxes is included in the prices: Packaging in cases or wooden boxes will be charged at cost. The Customer cannot cancel orders accepted by FINI SpA without the consent in writing. Orders concerning the standard goods already shipped can never be cancelled.

Orders concerning customized goods already produced can never be cancelled.

2. FINI SpA engages itself to respect the stated delivery times, but it is not responsible for delays due – for example – to difficulties or problems in procurements and in transport suspension or in energy supplies , breakdowns failure of machinery, strikes and any other cause that limit the FINI SpA production.

The delivery delays shall not entitle the Purchaser to claim for consequential loss or damages nor to cancel or reduce the order or solve the contract.

Delivery terms are never binding.

3. Goods always travel at risk and peril of the Purchaser even if the delivery is free-of-charge.

The claims for delays or damages due to the transport must go only to the forwarding agent when goods are delivered.

The Purchaser must check the goods immediately after having received them: after 8 days from the arrival to the recipient goods shall be considered accepted.

The possible claims concerning the quality of goods must be sent addressed in writing to the FINI SpA within 8 days form the date of receiving.

Having used the product, the claim terms become 30 days from the date of receiving delivery of the goods.

If the FINI SpA accepts (in writing) the claim (if the claim is considered valid), the FINI SpA must only replace the goods free of (transport) charges, without any other penalty or indemnity. The FINI SpA cannot accept any responsibility for any damage to persons or things caused by the use of its products.

4. Technical data specifications and pictures indicated in all the catalogues and price lists are not binding and may be subject to change without prior notice.

5. Electrical connection and pneumatic installation is at the Customer’s cost.

6. Any visit by FINI SpA’s technical personnel for testing and commissioning will be invoiced separately.

7. The Purchaser must respect the terms of payment stated in the FINI SpA’s order confirmation and indicated in the invoice even if the products supplied are defective and there has been a claim to the Company.

8. The FINI SpA reserves the right to cancel any discount agreed in case of payments not made within the stipulated terms.

Delays in payments shall result in application of penalty interests according to current bank interests rates until payment is received the FINI SpA retain the legal ownership of the goods delivered.

9. For all continual defaults the FINI SpA reserves the right to try any other legal action, to claim the anticipated payment of all the pending invoices (or credits) and to consider as resolved every business relationship in progress, (suspending the pending deliveries of goods on order) not completing the pending orders, without any penalty or indemnity (for damages) for the Purchaser.

Under and for the effects of articles 1341 and 1342 Italian Civil Code the following clauses are subjected to express written approval:

1. (warranty of adequate functioning); 2. (limitation of the responsibility for delays); 3. (delays or damages caused by transportation – terms for the claims of the Purchaser – limitation of responsibility after claim of the Purchaser – immunity for damages to persons or things); 8. (prohibition of payments postponement – anticipated payment – resolution clause – limitation of responsibility).

The English text of this General Conditions of Sales is a translation of the original Italian text.

WARRANTY CONDITIONS

Warranty conditions are reserved to FINI retailers.
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