GENERAL TERMS AND SALES CONDITIONS
The general sales terms are applied to all the sales performed by ELG chromium Plating and which have as object the sale of the products, as indicated, with the shapes presented on the website www.elgchrome.com
1) ACCEPTANCE AND PERFORMANCE OF ORDERS
The order is deemed completed by returning to ELG chromium Plating the order confirmation signed by the Customer and/or anyway after the lapse of 5 days since the receipt of the order confirmation from the Customer, in case of absence of different indications.
The delivery terms, method and transportation cost are agreed upon in the order confirmation. The parties shall use the Incoterms conditions.
The customer cannot for any reason or title in any moment, not even partially, refuse the delivery of the product.
Any liability for ELG chromium Plating is excluded for the later and/or omitted delivery of the product due to reasons imputable to the initial supplier of raw materials, parts, due to the unavailability of the products, due to disruptions and/or delays caused by transportation, strikes, wars, earthquakes, epidemics, revolutions, union turmoil and any other unpredictable event and for any other cause non-imputable to ELG chromium Plating.
If the product is partially unavailable, the order shall automatically remain valid and binding for the remaining/ available product.
The difference of 5% between the shipped quantity and delivered quantity shall be expressly tolerated by the Customer.
The weighing of the products shall be anyway performed by the Customer with a verified scale.
3) TECHNICAL SPECIFICATIONS
The products which are the object of this agreement and the relevant maintenance and storage methods result from the technical specifications which are available at the following website www.elgchrome.com
The Customer shall have to accept and sign the technical specifications which shall have to be sent to ELG chromium plating by observing the terms indicated in the clause no. 1 together with the order confirmation.
Failing that, the technical specifications are still deemed accepted.
4) CANCELLATION INTERDICTION/ REVOCATION/ WAIVER OF ORDER
The Customer cannot, for any reason, not even partially, cancel and/or revoke and/or rescind and/or withdraw and/or cancel the order confirmation accepted, signed and transmitted to ELG chromium plating without the written consent of the latter.
5) PAYMENTE CONDITIONS
The price shall be paid by the Customer according to the methods and within the terms expressly agreed upon in the order confirmation accepted and signed by the Customer.
For no reason the Customer can delay or postpone the payment.
In case of default payment, even partial, the interest provided by the Law 231/2002, with its subsequent amendments shall be applied.
ELG chromium Plating is entitled to suspend the order or to cancel it in case of default payment or in case of total and/or partial delayed payment for the previous and/or successive supplies by the Customer or when there are clues regarding the Customer’s possible insolvency, protest or state of crises.
ELG chromium Plating guarantees that the sold product corresponds to the one indicated in the order confirmation accepted by the Customer and that it is subject to a thorough control before the delivery.
ELG chromium Plating guarantees that the sold product has no flaws and/or defects of any kind and that is according to the one ordered and under perfect packaging conditions.
The Customer has the obligation to verify the packaging, product and quantity upon the receipt.
The Customer must, under penalty of forfeiture, inform ELG chromium Plating about the defects of the packaging and/or the visible flaws of the products within eight days since the delivery of the product.
The possible hidden flaws of the product shall be notified to ELG chromium plating within eight days since their discovery, under penalty of forfeiture.
The claim shall be barred within one year since the delivery date of the product.
For possible non-chromate products the guarantee does not include the oxidation occurring after six months since the delivery date.
ELG chromium Plating shall not be liable for the flaws and/or defects of the products which are imputable to the same, for example, however without limitation, those caused by cutting and/or other processing and/or handling of the product which were not performed by ELG chromium Plating and which were subsequently to the delivery, those deriving from maintenance and/or storage of the product which is non-compliant with the instructions provided for in the technical specifications, those resulting from transportation and/or loading or unloading operations of the products according to the agreed upon Incoterms terms.
The Customer’s complaints shall be promptly checked by ELG chromium Plating which shall be able to decide to perform technical inspections on the product/packaging it deems appropriate and about which the Customer shall be informed.
Should the complaint be promptly presented by the Customer and result grounded, ELG chromium Plating at its sole discretion, shall replace the faulty product/packaging or shall repair it if this is possible from the technical point of view.
The Customer shall not be entitled, in any case, to rescind the agreement or to suspend or to delay the payment of the price for the product / packaging or to claim the indemnification of any damage resulting directly or indirectly from the faulty products/packaging.
The Customer undertakes throughout the period and subsequently to the conclusion of the agreement, to maintain confidentiality and therefore, not to communicate and/or to disseminate in any form and in any manner to third parties the content of this agreement, prices and any other information which have entered into its possession during the performance of this agreement.
The Customer undertakes to adopt all the necessary measures for its own employees and/or collaborators to observe this clause.
The breach of this clause shall result in the termination by operation of law of this agreement, without any prejudice to the damages occurred or occurring.
9) INTERDICTION TO ASSIGN THE AGREEMENT AND THE CLAIM
The Customer shall not be able to assign, in whole or in part, this agreement without the Seller’s prior written consent.
The Customer shall not be able to assign to third parties the claim resulting from this agreement.
The breach of the obligations provided by this clause shall result in the termination by operation of law of this agreement, being entitled to claim the indemnification of all the damages occurred or occurring.
The Buyer shall deem confidential and shall not disclose to third parties, in whole or in part, or partially, the information and technical communications received from ELG chromium Plating regarding the characteristics of the materials which are the object of the purchase order.
This agreement shall be terminated by operation of law in the following cases:
–any party is subject to protests, bankruptcy or other insolvency procedures;
– when any of the parties performs actions which can affect the commercial image and/or seizure measures and/or measures that prevent in any case the performance of the production and/or trading activities are applied in respect of any of the parties.
Without any prejudice to the indemnification for the damages occurred or occurring.
12) PLACE OF JURISDICTION
Any dispute regarding this agreement and each single sale falls under the exclusive jurisdiction of the Brescia Court of Law.
13) APPLICABLE LAW
This agreement and each single sale are subject to the Italian substantive and procedural law.
The parties declare that the signatories of this agreement are duly authorized to represent the relevant companies.
No amendment to this agreement shall be performed without the prior written consent of both parties.