Sales conditions
1. DEFINITION: These General Conditions regulate all present and future sales contracts between the parties, subject to any exceptions specifically agreed in writing. Any general conditions of the buyer will not be applied to future relations between the parties if not expressly accepted in writing.
2. ORDERS: Orders received are only valid by way of reservation and they do not bind Orobica Plast-Gom to partial or full delivery. By accepting the orders placed with us, these GENERAL SALES CONDITIONS, printed on the reverse side of our documents, are fully accepted by you without any reserve, as execution of the orders themselves. For commercial and administrative reasons, Orobica Plast-Gom does not process orders with a net value of less than 200 EUROS in Italy and any orders with a net value of less than 500 EUROS or the equivalent in foreign countries. As an exception to the above terms, Orobica Plast-Gom also reserves the right to deliver orders with a lower amount, provided that they reach the minimum invoiceable in the commercial month. In exceptional cases, if the minimum invoiceable cannot be reached, Orobica Plast-Gom will deliver orders with a lower amount only if this has been previously agreed with its Sales Department (RUC).
3. DELIVERY: Delivery terms are approximate and not binding.
4. PACKING: Failing specific instructions described in the orders, the packaging is either in standard cartons and/or standard plastic bags, in the manner that Orobica Plast-Gom considers more appropriate without any additional cost. When non-standard packaging is required, additional costs will be charged.
5. TRANSPORTS AND SHIPMENTS: Unless otherwise agreed in writing, products are delivered “EX WORKS IN CREDARO (BG) Italy”, – (INCOTERMS ed. 2012 and subsequent ones) and they travel at the Buyer’s risks. Orobica Plast-Gom is not, under any circumstances and for any reason, obliged to pay out any compensation for any direct and/or indirect damages due to delays in the delivery, early delivery and/or non-delivery, either entirely or in part. Failing specific instructions Orobica Plast-Gom sends the goods using the shipping method deemed most appropriate, without this gives rise to complaints.
6. RETURNS: Orobica Plast-Gom does not accept any return without authorisation from its Sales Department (RUC). According to its well-established terms, Orobica Plast-Gom does not take into consideration any return of goods delivered 30 (thirty) days before the return request for both standard and/or non-standard items.
7. COMPLAINTS: Orobica Plast-Gom does not accept any complaint after 8 (eight) days from receipt of the goods for obvious defects and from the date of detection for hidden defects. The Buyer is specifically responsible for the inspection of the goods to ensure compliance at the time of receipt. To this end, the date on the Delivery Note (DDT) is binding. Any complaint must be communicated in writing to Orobica Plast-Gom specifying the item number, the DDT (delivery note) number and date, the description of the defects and the total amount of defective products.
8. WARRANTY: Orobica Plast-Gom guarantees that the products supplied comply with what has been expressly agreed. Following a regular complaint of the Buyer, Orobica Plast-Gom, within a reasonable amount of time in relation to the extent of the complaint, can (at its discretion) : a) deliver free of charge EX WORKS to the Buyer products of the same kind and amount as those found defective or not in accordance with what had been agreed; in this case Orobica Plast-Gom can demand, at its own expense, the return of the defective products, which become its property; b) declare, in writing, the termination of the contract, offering a refund against the return, at its own expense, of the supplied products. This warranty is “in lieu” of any legal warranties for defe,cts and compliance and excludes any other possible liability of Orobica Plast-Gom, regardless of how the supplied products originated them: the Buyer cannot submit any claim for damages, price reduction or termination of the contract. Unless intent or gross negligence of Orobica Plast-Gom, any compensation for any damage to the Buyer cannot, in any case, exceed the invoiced price of the complained products.
9. PAYMENT: The terms of payment are those agreed upon and reported in the invoice. Any delay or irregularity in payment gives Orobica Plast-Gom the right either to suspend deliveries or to terminate current contracts, as well as the right to compensation for any damage. However, Orobica Plast-Gom is entitled, after the due date of the payment, without any formal notice of default, to interest for late payments as per art. 5 of Italian legislative Decree no. 231 of 09/10/2002. The Buyer is obliged to pay the full amount even in case of opposition or dispute.
10. RETENTION OF TITLE: The products delivered are owned by Orobica Plast-Gom until the full amount has been paid.
11. TECHNICAL STANDARDS AND MANUFACTURER RESPONSIBILITY As for the properties of the products, Orobica Plast-Gom follows the legislation and the technical standards in force in Italy. The Buyer assumes the whole risk of any discrepancy between Italian rules and those of any other country of destination of the products, thereby indemnifying Orobica Plast-Gom. Orobica Plast-Gom ensures the performance of the manufactured products exclusively in relation to uses, destinations, applications, capacity, etc. expressly indicated by Orobica. If the Buyer uses the above mentioned products to resell them, he/she will be responsible for transmitting to his/her Buyers the directions in question. In case Orobica Plast-Gom associates its supply with a sample, drawing and/or specification provided by the Buyer, Orobica Plast-Gom itself is liable, unless otherwise agreed in writing, of the compliance of its performance only with the evident features of the sample. In any case Orobica Plast-Gom is relieved from any liability arising from any violation of the products made according to the order of industrial property rights of third parties.
12. MOULDS AND EQUIPMENT: The moulds and the equipment are property of Orobica Plast-Gom property until their full payment, as well as full payment of the invoices related to any kind of delivery made to the Buyer.
13. PRICE LISTS: Orobica Plast-Gom price lists can be modified either according to market demands or in relation to price changes of raw materials, staff, electric energy, etc. without previous notice to the Buyer.
14. CATALOGUES: Any drawing, picture, technical data shown in Orobica Plast-Gom catalogues, including by way of example weights, dimensions, capacity and sizes, are only approximate and not binding. Orobica Plast-Gom reserves the right to make any modification to its catalogues and to its products, at any time and without previous notice, if at his sole discretion it believes this is required for production purposes and/or to improve quality, functionality and performance.
15. DISPUTES: Any dispute shall be governed by Italian law by the Court of Bergamo, even in case of deliveries made in foreign countries. However, Orobica Plast-Gom is entitled, at its sole discretion, to engage in legal proceedings in the Buyer’s courts.
