DT004GB011 IR0 - 10.2018
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General conditions
1. General
1.1 These general conditions are applicable to all the supplies which
NEM s.r.l. will carry out, on the base of purchasing orders forwarded
from the Customer.
1.2 Terms like EXW, DDP and so on are referred to the so called In-
cotems published by the International Chamber of Commerce, current
at the date of conclusion of these General Conditions.
2. Purchasing orders management
2.1 Purchasing orders are binding for NEM s.r.l. only if conrmed in
writing with order conrmations.
2.2 Nem s.r.l. engages itself to supply goods up to the order
conrmations.
2.3 Any complaints regarding the content of the order conrmation
must be notied in writing to NEM s.r.l. by 5 days and no later the
forwarding of the order conrmation.
2.4 The Customer undertakes to pay the goods supplied by NEM s.r.l.,
according to the prices listed on the order conrmation.
3. Payment conditions
3.1 The Parties agree upon the payment conditions at the beginning
of the supply.
3.2 In case of delay of payment, NEM s.r.l. will have the right to request
of moratory interests equal to the Euribor, increased by 2 points.
3.3 In case of delay of payment, NEM s.r.l. will have the right to not
execute the eventual purchasing orders in progress, even if conrmed.
4. Delivery and shipment
4.1 The supply of the goods will always be Ex-Works, even in the case
that NEM s.r.l. had agreed with the Customer that NEM s.r.l. takes
care of the shipment, or part of it.
4.2 In any case, the risks about perishment or damage of the goods
will pass to the Customer, at latest, when the goods are delivered to
the rst carrier.
5. characteristics of products
5.1 NEM s.r.l. engages itself to supply good quality products, up to
the technical specications contained in technical schedules or in
the catalogue.
5.2 NEM s.r.l. reserves the exclusive right to make any change to the
products, which, without altering their essential features, appear to
be necessary or suitable.
6. Complaints
6.1 The complaints regarding the apparent defects of the Products
(such as, for instance, the packing, quantity, number or exterior featu-
res of the Products) must be notied in writing to NEM s.r.l. by 7 days
and no later upon the receipt of the goods. Failing such notication,
the Customer’s right to claim the above defects will be forfeited.
6.2 The hidden defects (defects which cannot be discovered by the
Customer on the basis of a careful inspection upon the receipt) shall
be notied in writing to NEM s.r.l. by 7 days and no later from the di-
scovery of the defects, and in any case no later than 18 months from
the delivery of the Goods. Failing such notication, the Customer’s
right to claim the above defects will be forfeited.
6.3 It’s agreed that, even in case of any complaint or objection, the
Customer will not have the right to suspend or delay the payments due
to NEM s.r.l., as well as payment of any other supplies.
7. Warranty
7.1 In case of any defects, lack of quality or non-conformity of the
supplied Products, NEM s.r.l., at its exclusive choice, engages itself
to replace or repair the defective Products provided such defects
or non-conformity have been timely notied in writing to NEM s.r.l.,
in accordance to point nr. 6, by 18 months from the delivery of the
Goods and no later.
7.2 Products repaired or replaces under warranty as above described
are submitted to the same guarantee, for a period of 18 months from
the date of repair or replacement.
7.3 Except in case of fraud or gross negligence, in case of defects, lack
of quality or non- conformity, NEM s.r.l. undertakes only to repair or
replace the defective Products, in accordance to what above described.
7.4 This guarantee ( i.e. the obligation of repairing or replacing the Pro-
ducts) is in lieu of any other legal guarantee or liability of the Supplier,
with the exclusion of any other guarantee or liability – whether con-
tractual or non-contractual – in connection with the Products supplied
(i.e. compensation for damages, loss of prot, recall campaigns, …).
7.5 NEM s.r.l. is covered by appropriate policy of Product Legal Liability.
8. Retention of title
8.1 The Goods supplied by NEM s.r.l. remain property of NEM s.r.l.
until the complete payment of the supply is received.
9. Secrecy bond
9.1 NEM s.r.l. engages itself to treat as highly condential all the
technical or commercial information should learnt from the Customer,
which are not already of public divulgence.