Only our purchasing conditions will be applied. Without prior written authorization no general conditions of the supplier will be accepted.
Our conditions of purchase will also be valid for all future transactions with the supplier.
Orders, contracts and delivery orders and any amendments and supplements must be defined in writing. Orders and delivery orders may be sent by fax or email.
Any verbal agreement defined before or during the conclusion of the contract will be valid only if confirmed in writing to Purchasing Department.
Unless expressly agreed the estimates are considered binding.
In case of non-acceptance by the supplier within two weeks of receipt, our Company may cancel the order. The delivery orders become binding if not contested by the supplier within 3 working days from receipt.
Deliveries notwithstanding our contracts and our orders will be accepted only with our prior written consent.
Dates and deadlines agreed upon are binding. For compliance with the date of delivery or of the deadline, the date of receipt of goods in our Company will prevail.
If the agreed dates are not met provisions of the law will be applied.
In case of problems related to the production, procurement of raw material, compliance with the date of delivery or similar circumstances which could affect the timely delivery or quality agreed upon, the supplier must immediately give written notice to our Purchasing Department.
Partial deliveries will not be accepted unless they are expressly permitted or considered acceptable by our Company.
The acceptance is subject to verification of the absence of defects on the object of the contract and in particular for checking the accuracy, integrity and suitability.
Our company can verify the object of the contract to the extent that this results possible under conditions of routine. In the presence of defects we will immediately send a relative claim.
The supplier withdraws to protest any claim submitted late.
In any case it is our right to choose how to overcome defects. If in presence of the requirements of Article .439, paragraph 2 BGB, the supplier has the right to refuse the procedure chosen by us to overcome the defects.
If the supplier does not provide for the elimination of defects immediately after our call to eliminate defects, our Company may, in urgent cases and to avoid serious risks of substantial damage, provide for the elimination of defects directly or through a third party. The limitation of the rights deriving from the vices of the sipplied object is 2 years.
The limitation of rights arising from defects in the goods shall start on the date of delivery of the object of contract.
In the case of a withdrawal of our products manufactured and / or sold, due to defective item provided by the supplier, or if, after such a circumstance, there was a deduction of the sales price or is advanced any type of claim against us, our Company reserves the right to ask for compensation against the supplier, without having to set a deadline.
For the ordered goods and / or products used for the services ordered shall refer to the following laws and regulations: RoHS, REACH, and ESD.
The safety datasheets of the goods ordered by us or the materials used for ordered services which are prescribed by the law or are available anyway by the supplier, must be forwarded to our Company.
Our Company reserves the right to own the toolings and the supplier may only use them for the production that we ordered. à¬
The supplier undertakes to ensure at its own expense the toolings owned by us for the new value with an insurance policy covering the risk of fire, flood and theft.
The supplier is required to perform at his own expense and in good time any maintenance and inspection where necessary.
Any faults must be reported promptly by the supplier. In case of culpable omission, we reserve all rights to claim refunds.
All the technical or business information that will be sent by us will be kept secret to third parties and also the holding of the supplier will be made available only to staff members who must necessarily deal the supply to our Company.
Such staff members will in turn be bound by confidentiality obligations.
All this documents will remain our exclusive property. Without our prior written consent such material can not be duplicated or used for commercial purposes, except for deliveries provided to us. Upon our request, all information provided by us and the objects we granted on loan must be returned immediately and completely or in the case destroyed. We reserve all rights on this material.
The products made according to the documentation we realized, such as drawings, models, or according to our confidential information with our equipment or copied, can not be used directly by the supplier or offered or provided to third parties.
The jurisdiction for all disputes arising directly or indirectly from the contractual relationship based on these general conditions of purchase will be the one of MILAN.
For contractual relations the Italian law will be applied exclusively.