General sales conditions

1) ORDERS

Orders are taken under the following conditions which are accepted by the buyer with the order. Any exceptions must be agreed by the parties in writing, and only for sales they refer to.

The orders are irrevocable by the buyer without the possibility of further additions.

Fasangas Ltd may accept the order sent by the buyer by shipment of the goods, even several times, in accordance with art. 1327 Civil Code

2) PRODUCTS FEATURES

The weights, dimensions, pricing, packa­ging, colors, and other data in the cata­logs, brochures, circulars and other do­cuments illustrative of the nature of the seller’s rough indication.

Fasangas reserves to change at any time and without notice, the specifica­tions and construction of its products.

3) PRICES

Prices are quoted net of VAT, any taxes or fees, as well as taxes, fees and char­ges or tax of any kind may be levied on the contract. They refer to a commodity warehouse to Fasangas Srl.

The agreed prices are calculated based on the price list in force at the time of or­der.

Fasangas Srl reserves the right to change prices without notice.

4) PAYMENTS

Unless otherwise agreed in writing, payment must be made in cash, the im­mediate benefit of Fasangas Ltd, at the headquarters of the seller and the terms specified in the invoice.

In case of delayed payment, the buyer is obliged to pay to Fasangas Srl default interest pursuant to Legislative Decree no. 231/02 and result in the loss to the buyer the benefit of the term under art. 1186 cc, making it immediately due any amounts not yet expired.

5) SHIPMENTS

The shipment is the buyer’s responsibility.

The goods always travel and risk of the buyer, at the latest, by the time of deli­very to the carrier. Therefore, Fasangas Srl is not responsible for deterioration, da­mage, delays, fines or other interference with or damage of any kind which may be involved during transport. Purchaser must perform due diligence in the goods and forward complaints to the carrier.

Shipments will be supported to the carrier specified by the customer or, failing that, to the carrier cheaper than knowledge Fasangas Srl

6) DELIVERY

The delivery of the goods, however and wherever provided, are only indicative and not binding on the seller. The buyer, however, has the right to withdraw, in writing, if the delivery is not given within six months from the agreed date, in ad­dition to this right of withdrawal, no pre­tense, not damages, may be made by the purchaser.

It is not considered due to Fasangas Srl any delay due to force majeure or acts or omissions of the buyer.

7) WARRANTY

The warranty covers manufacturing de­fects and is limited to replacement or repair of defective products from Fasan­gas Srl, with the exclusion of any right to compensation. And ‘course, therefore, that this warranty covers and replaces any warranty or liability of Fasangas Srl (contract or tort) may arise from the products supplied. The guarantee does not apply to products that have normal wear, signs of tampering or misuse.

The assessment of the quality or defecti­ve goods or parts will be made by Fasan­gas Ltd at its service center or authorized service technician.

Any return of goods must be authorizedin advance.

The cost of transporting the products to be replaced or repaired and replaced or repaired product shall be borne by the buyer.

8) COMPLAINTS

The buyer must notify, in writing by regi­stered letter with return receipt, any de­fects of products supplied or the possible lack or uneven delivery of all or part of the purchase order, under penalty of forfeiture, within eight days to be calcu­lated respectively the date of delivery of products (apparent defects) and / or the discovery of defects (hidden de­fects).

It ‘is understood that any complaints or claims do not entitle the buyer to su­spend or delay payment of the goods in dispute, nor, still less of other supplies.

The warranty does not work if the buyer has performed or carry out third party products.9) RESI

Eventuali resi di merce vengono accet­tati solo se preventivamente concordati e autorizzati per iscritto, contrariamente saranno rispediti al mittente con traspor­to a carico dell’acquirente.

10) TERMINATION

The insolvency of the buyer, even if not judicially determined, even one of the obligations to him under the contract of sale, determine the ipso jure termination of the agreement, resul­ting Fasangas Srl right to full compensa­tion for the damage and Fasangas Srl, with the power to demand the return of the products supplied.

11) JURISDICTION

Any controversy arising from or in con­nection with the contract shall have exclusive jurisdiction to the Court of Lec­ce