Terms and Conditions of Sale

Terms of Sale

1. OFFER AND ORDERS

Offers are valid for 30 days from the date of communication to the Buyer. If no order is received within this period, the Supplier shall have the option of accepting or rejecting late orders, at its own discretion. All orders must always state the type of product, the quantity and the delivery date required. All orders placed by the Buyer are deemed to be irrevocable for 30 days from receipt by BENEVELLI

2. PRICES

Prices are always to be intended net of VAT and any other tax and/or charge, ex works BENEVELLI unless otherwise agreed in writing, excluding packaging. BENEVELLI current price list at the time of acceptance of the order for standard products shall apply. For non-standard products, i.e. products manufactured in accordance with the specific requirements of the Buyer, prices shall be determined on a case-by-case basis for each individual order independently from those charged for standard products, even if dimensions and/or manufacturing features are similar.

3. DELIVERY

The terms of delivery of the products are not material and are automatically extended in the following cases: difficulties in purchasing raw materials on the part of BENEVELLI and/or its suppliers; production requirements of BENEVELLI; strikes, at a national or local level, involving BENEVELLI or its suppliers.

4. SHIPMENTS

Shipments are always made on the Buyer behalf and therefore at its risk, even in case of delivery “freight prepaid”. In case of tampering or missing items for which the carrier/forwarding agent is specifi cally to blame, the Buyer shall be responsible for placing a claim directly with the carrier/forwarding agent. The Supplier will only be able to accept claims for any diff erences in the quality or quantity of the products if submitted by the Buyer, in writing within eight days after the date of receipt of the products; otherwise, all claims shall become null and void. In the absence of detailed instructions from the Buyer.  Moreover, in the absence of agreement between the parties, the shipment expenses shall be payable by the Buyer.

5. PAYMENTS

Products invoicing will be carried out after delivery. BENEVELLI may issue cumulative invoices. It is understood and agreed that the terms of payment for the products are in favor of BENEVELLI, pursuant to and for the purposes of art. 1185 of the Italian Civil Code. The Buyer may not under any circumstances and for any reason suspend or delay payments due as a result of the supplies received, nor claim any offsetting against amounts due from BENEVELLI (including any credit situations arising from the same supply in question). In the event of failure to comply with the terms of payment, regardless of the amount due, BENEVELLI will have the right to immediately suspend any supply and/or to terminate the supply pursuant to art. 1456 of the Italian Civil Code, without prejudice to any other legal remedy and/or provided for in these General Conditions of Sale.

6. RETENTION OF TITLE

Any supply of products is deemed to have been made, in accordance with art. 1523 of the Italian Civil Code, with retention of title on the part of BENEVELLI until full payment of the products by the Buyer.

7. WARRANTY

BENEVELLI guarantees that the products supplied are free from defects in design, materials or workmanship that make them unsuitable for their intended use or significantly reduce their value. This warranty is valid for a period of twelve (12) months from the date of commissioning. The warranty shall expire if the Buyer, without written authorization from BENEVELLI, makes any changes, repairs and, in general, any type of activity modifying the product delivered. Likewise, the warranty expires if the products are used improperly (i.e. not in accordance with the instructions given in the catalogues, in the use and maintenance manual and/or in the construction drawings) or in the event the Buyer does not carry out regular maintenance as indicated in the use and maintenance manuals. In any case, BENEVELLI liability shall never exceed the amount actually paid by the Buyer for the single defective product. Any further obligation of BENEVELLI resulting from the supply of defective products is expressly rejected, as is, by way of example only, compensation for direct and/or indirect property and/or non-property damage. The warranty right is forfeited in the event the Buyer does not fulfill its payment obligations. In the event the products are supplied by BENEVELLI on the basis of drawings, designs, specifications and technical requirements of the Buyer, BENEVELLI does not guarantee the proper functioning of the products or their suitability for the use for which they were designed and developed.

8. APPLICATION LIABILITY

BENEVELLI declines all liability for any accident to persons or objects that may occur due to or during use and caused by or deriving from the products supplied. BENEVELLI is not required to know the applications in which the products supplied will be used; the choice of the products is, therefore, the sole responsibility of the Buyer.

9. QUANTITY ADJUSTMENT

BENEVELLI has the right to adjust the quantities ordered to the minimum lot sizes provided for some types of material.

10. CANCELLATION POLICY

We require 3 months cancellation notice prior toscheduled delivery date, otherwise we will charge you a cancellation fee as below.

  1. 30% of total amount will be charged if you cancel from 3 to 2 months prior to your scheduled delivery date. 
  2. 50% of total amount will be charged if you cancel from 2 to 1 months prior to your scheduled delivery date. 
  3. 100% of total amount will be charged if you cancel less than 1 months prior to your scheduled delivery date.
11. GOVERNING LAW AND EXCLUSIVE JURISDICTION

All supplies between BENEVELLI and the Buyer shall be subject to Italian law. For any dispute relating to the validity, effectiveness, interpretation, execution and termination of any supply between BENEVELLI and the Buyer and any other action and/or fact which is associated, connected or, in any way, referable to said supply, the Italian Judicial Authorities and the Court of Reggio Emilia shall have exclusive jurisdiction.

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