Terms of sale

Terms of sale

Section 1 – General Conditions

1) The following general terms and conditions of contract apply for all goods and services supplied to a specific contract, a legal person under public law or a special fund under public law. (2) If a customer has terms and conditions of sale different from ours, and the latter have not been explicitly recognized to them, they are to be considered non-binding for Mecc.Al, even if not explicitly rejected. (3) The acquisition and interpretation of these general terms and conditions of sale must be exclusively governed by Italian law, as well as the conclusion and interpretation of legal transactions with the customer. The application of the United Nations Sales Act (CISG) is expressly rejected. (4) The nullity of individual provisions or elements of these general terms and conditions of sale does not affect the validity of the remaining provisions. (5) The place of performance for the obligations created directly or indirectly by the contractual relationship, including the obligation to return payment, will be our company headquarters. (6) The exclusive place of jurisdiction is the one in which our company headquarters are located.

Section 2 – Quotations, scope of performance and conclusion of the contract

(1) Our quotes generated and relevant to a specific contract are subject to possible change without notice. Orders are binding for us only insofar as they are confirmed. Any type of different verbal agreement is to be considered valid only if confirmed in writing. (2) Our order confirmation has the sole value of defining the type of contractually due services. (3) We reserve the right to change the design, the choice of materials, the specifications of the same and the method of construction, even after sending the order confirmation to the customer, provided that such changes are not in contradiction or with the order confirmation or with the customer’s specifications. (4) The documents on which the quotation or order confirmation is based, such as diagrams and drawings, dimensions and weight declarations are, as a rule, only approximations and are therefore not binding, provided they are not expressly stated in writing. (5) Partial deliveries are permitted. (6) Our supply obligation is suspended from the moment in which the customer is in default of the obligations undertaken. (7) In the case of subcontracting orders, the customer is required to provide us with all the material and technical documentation necessary for the supply in due time and at his own expense. The material must be perfect and respect the specific values ​​indicated and possess the normal stock in the sector. The customer assumes responsibility for the guarantee and quality conditions of the material supplied to us on account. It also bears the costs and any additional losses incurred by Mecc.Al due to material not having the necessary technical characteristics and guaranteed quality.

Section 3 – prices, terms and conditions of payment

(1) The prices applied, unless otherwise specified in writing in the quotation or order confirmation, are intended ex works, excluding other shipping and transport costs. If delivery is agreed with including transport, the prices indicated by us relating to the transport itself are based on the charges and other relevant variables in effect at the time of quotation. Prices may consequently vary, for or against the customer, as these conditions vary in the time between the quotation and the shipment of the ordered material, without the customer having any right to withdraw from the contract for this reason. (2) If more than four months pass between the signing of the contract and the delivery of the ordered materials, without Mecc.Al being responsible for the delay in delivery, the price of the ordered materials may increase depending on the case taking into account considering the costs of raw materials, salaries and any other ancillary costs incurred by Mecc.Al in this period of time. If the purchase price increases by more than 30%, the customer has the right to withdraw from the contract. (4) Should the customer receive requests for changes to the materials ordered, the additional costs incurred as a result of these changes will be charged and invoiced to the customer. (5) Our invoices must be paid in full according to the contractual payment conditions agreed between the parties and indicated on the invoice. (6) If the customer exceeds the agreed payment date, Mecc.Al reserves the right to claim interest expense equal to 8% points higher than the bank rate in force at that time. (7) If the buyer is late in payment and alleged justified doubts as to his ability to pay the sum of our property by way of credit become apparent, Mecc.Al, regardless of our other rights, is entitled to demand payment in advance for further new deliveries in order to make all our claims arising from the business relationship payable immediately.

Section 4 – Shipping

The loading of the ordered materials and their shipment are carried out without insurance and at the risk of the recipient. Any additional costs arising from special conditions not previously agreed will be borne by the buyer – even if the agreed delivery terms include transport.

Section 5 – Delivery terms

(1) The definition of delivery times must be considered non-binding for Mecc.Al. There however, production must be performed to the best of our knowledge and skills and can be extended depending on the case, in particular in the event that the buyer abstains from providing his necessary and agreed assistance. The same applies to the measures taken in response to their disputes, in particular in the event of unforeseen events outside ours control should occur; strikes and lockouts, delays in deliveries of components from one of our suppliers, unforeseen events arising from transport and operational interruptions, shortage of raw material, power outages, etc. (2) Changes made to the materials ordered on specific customer request generate of consequently a reasonable postponement of the agreed delivery date.

Section 6 – Transfer of Risk

(1) The risk of accidental loss or deterioration of the ordered material passes to the customer as soon as the material itself is produced and the customer is notified.

Section 7 – Retention of title

(1) We reserve the title of ownership of the goods supplied until it has been made their payment in full. The retention of title also applies to all existing claims in the relationship between us and the customer, including those pertaining to materials subject to complaint, until the disputes are declared resolved and the payment of the materials object of claim is made in full. (2) The customer is not authorized to sell or dispose of the object material in any way from the unpaid sales invoice, including assigning it as a guarantee to third parties. It is also not authorized to resell such material in the context of its own business transaction. Any enforceable procedure promoted by third parties that has as its object the materials must be immediately brought to the attention of Mecc.Al. (3) In compliance with the property right as provided above in favor of Mecc.Al, the customer must refrain from engaging in acts or behaviors that prevent Mecc.Al from being valid exercise of this right.

(4) In the event of a breach of the customer’s obligation as provided for in this article, Mecc.Al has the right to withdraw with immediate effect all orders for materials not yet products.

Section 8 – Warranty Claims

(1) In conjunction with a commercial transaction between the two parties in the context of the contract, the customer must inspect the material immediately upon delivery, meaning that this is useful and functional to the good performance of the transaction. In case he comes found a defect in the materials supplied, the customer is obliged to notify Mecc.Al within 8 days from receipt of the materials themselves. In the absence of communication, the material comes considered accepted, unless it is a defect that could not have been identified during the initial inspection.

(2) To the extent that the goods have a defect for which Mecc.Al is held responsible, e the customer has notified the defect in writing in good time, Mecc.Al undertakes to remedy it the situation (and the customer has no right to withdraw from the contract or reduce the price of purchase) unless it is expressly declared by Mecc.Al to refuse to remedy the defect on the basis of the law. The customer will still have to grant us a reasonable period of time to remedy any defect found. The materials disputed can also be replaced with the supply of new ones. The purchase price does not can be reduced nor can the customer withdraw from the contract while a remedial action from part of Mecc.Al is in progress. (3) Warranty claims lapse one year after the goods have been delivered.

Prices: The prices indicated in the Special Profiles price list are in euros and do not include VAT. There billing happens to the piece.

Sales packs – 10 pcs. over all, 5 pcs. on sheets, 6 pcs. on iron.

Unpacking – 10% surcharge on the current price list.

Orders ALWAYS specify the unit of measurement relating to the quantities indicated in your orders. Lacking of it, will ALWAYS be considered in PIECES.

Deliveries From the ready. Subsequent partial shipments due to lack of goods will be carriage paid, provided that the amount is higher than the minimum evadable.

Return of goods: Returns will be accepted only after completing the appropriate form and subsequent authorization from Special Profiles.

Special Profiles a brand of Mecc.Al Group Via dei Laghi, 4 – Calcinelli 61036 Colli al Metauro (PU) – Italy Tel. +39.0721.8764.201 www.special-profiles.com