General Sales Conditions
INTRODUCTION
These general sales conditions have to be considered an integral part of the offers and are accepted by the Customer with the issuing of an order to APT. The general sales conditions can be modified only by explicit written agreement that will have limited value to its contents. The effectiveness of all other general conditions not expressly waived or modified is therefore reserved.
ART. 1 - DESCRIPTIONS AND OFFERS
1.1 PICTURES AND DRAWINGS – Pictures and drawings (of equipment, accessories and spare parts) in the technical documentation and in the offer are not binding. APT reserves the right to make any changes to improve the offer and for any other constructive or commercial requirement at any time.
1.2 OFFER VALIDITY – The offer validity in clearly indicated in the offer.
ART. 2 - PURCHASE ORDERS
2.1 We accept formal orders sent by ordinary or certified e-mail. APT also accepts as a formal order a copy of the offer and these general conditions duly stamped and signed on each page.
2.2 MULTIPLE ORDERS – In case the Customer transmits multiple orders to APT at different times, they are all governed by these general conditions and the contract will be considered concluded at the time of APT acceptance of the first order.
2.3 ORDER CANCELLATION – Purchaser may terminate or cancel its order by written notice. In consideration of the obligations of APT to achieve the required delivery schedule and the fact that it may be difficult to access the residual value of materials procured or labour invested in design activities, on each offer it will be indicated the payment schedule for order cancellation.
ART. 3 - TESTING
3.1 Unless otherwise agreed, testing will be performed according to Customer’s request, at APT factory. The Customer is entitled to attend the testing personally or through his delegate, giving appropriate notice to APT. In case of absence of the Customer, the test will be carried out in any case and the Customer will be informed about the results.
ART. 4 - CRATING
4.1 APT will provide the convenient packaging for the ordered goods; in any case it is intended to be performed in accordance with best practice. Even in cases where the goods travel without crating, the risk is at Customer charge, even if the carrier has obtained a form of guarantee or indemnity from APT or others.
4.2 SPECIAL CRATING – Special packaging required by Customer for particular needs must be promptly requested and paid by the Customer.
ART. 5 - DELIVERY TERMS
5.1 Delivery terms start from the date APT has received and accepted the order duly signed by the Customer. The goods are considered delivered to Customer when submitted to carrier, courier or to another person appointed for the transport.
5.2 DELIVERY DELAY – Any delay in delivery, due to any cause, will not give rise to any right for Customer against APT for compensation of any damage caused by delay or consequent to it.
ART. 6 - SHIPMENT
6.1 Unless otherwise agreed, deliveries are made EX WORKS APT SRL.
6.2 RISK – The risk of deterioration and damage as well as all other risks relating to the goods pass to the Customer at the moment goods leave APT factory.
ART. 7 - PAYMENT
7.1 TERMS – Payment terms will be indicated in the offer.
7.2 INTEREST RATES – Payment terms are intended as peremptory. For no reason payments can be suspended or delayed, not even for reasons related to the delivery of the goods, to the assembly, and to the guarantees given by APT. Any invoice not paid within the agreed terms will be increased by a fixed and irreducible penalty of 10%.
7.3 VAT – Prices indicated are VAT EXCLUDED. Any increase in VAT or any new tax imposed between the time of ordering and delivery will be borne by the buyer.
ART. 8 - WARRANTY
8.1 Unless otherwise agreed, goods are guaranteed 12 months from the delivery. The guarantee doesn’t cover damage to the equipment during transportation and any damage caused by negligence or incorrect use. The guarantee does not cover consumables and parts easily worn over time.
In case of anomalies not attributable to one of the above conditions, APT will provide the repair or replacement of any damaged component free of charge within the shortest possible period of time, exclusively in our factory in Cesano Maderno. (Shipping costs of the defective material at our site will be borne by the Customer).
Apart from guaranteed repair or replacement free of charge, no compensation can be claimed by Customer, either for loss of profit or for any other reason whatsoever.
8.2 WARRANTY REVOCATION – Warranty will end over the course of time and in case one or more of the following hypotheses occur:
a) lack of maintenance or spare parts replacement
b) wrongful use of the equipment
c) modification, reparation or disassembly of the equipment, even in part, by personnel not authorized by APT.
d) the causes of the defect are attributable to a claim, unforeseeable circumstances or force majeure, use of reagents, consumables or spare parts not supplied or tested by APT.
ART. 9 - COMPLAINTS
9.1 Any complaint regarding the supply of goods is accepted only if notified by e-mail or fax within 8 (eight) days from the date of receipt of the equipment.
ART. 10 - APPLICABLE LAW
10.1 All offers and orders are subject to the Italian Law.
ART. 11 - COURT OF JUSTICE
11.1 – Both of the parts do recognize the Authority of the Court of Justice of Milan – Italy, for any kind of issue that may arise.
