GENERAL TERMS OF SALE
1.The prices applicable to the products are those agreed upon by the parties and contained in Cosmetal's order confirmation.
2. Prices include standard packaging. Any special packaging shall be renegotiated.
3. The products are sold Ex-Works Cosmetal srl, with transportation costs borne by the buyer; if a different INCOTERM 2020 return is required, with transportation organized by Cosmetal, the transportation costs will be charged to the Customer on the invoice.
4. All additional expenses: import taxes, custom duties and any tax related to the country of destination of the products shall be borne by the buyer.
5. The products are transported at the buyer's risk. Any transportation damage shall be dealt with the carrier by the party that has ordered the transportation service. The party receiving the products shall report any non-conformity within 8 days from the discovery and within two years from the delivery.
6. Retention of title: until the buyer has paid the agreed price in full, the products supplied will remain the property of Cosmetal srl and can be claimed by it at any time wherever they are located. In the event of delay in payment of the amount due, the purchaser shall be liable to pay the interests under Legislative Decree no. 231 of October 9, 2002.
7. Assembly and/or installation of products and accessories are excluded from the sales price.
8. Orders shall be placed in writing. Cosmetal grants the right to return the products for mistakes in ordering only within 30 days from the actual delivery of the goods. The return of the goods due to mistakes in ordering made by the customer shall be borne in full by the customer. The issue of the credit note will be subject to inspection of the returned goods: any defect or deficiencies will be deducted from the value of the goods to be credited. The customer irrevocably undertakes to pay the consideration due for the purchase of the products even if, due to an event of force majeure or for other events not attributable to the customer, it becomes impossible for the customer to receive the products or the customer's interest in receiving the ordered product ceases to exist. The customer also expressly waives any request for termination of the agreement pursuant to art. 1467 of the Italian Civil Code, as well as, any request to review the price justified by force majeure events or other events/facts not attributable to the same customer.
9. In order to ensure a prompt delivery and avoid any misunderstandings, the order must indicate the product and the product's code.
10. The delivery dates indicated or confirmed by Cosmetal are indicative and may therefore be subject to change.
11. Cosmetal is not liable for any defects or wear and tear resulting from use and/or failure to comply with the correct rules and methods of use.
12. The shipment of any parts under warranty will be made ex works Cosmetal only on the basis of adequate documentation proving the defectiveness of the parts to be replaced.
13. The return of defective goods by the buyer must be previously approved by Cosmetal, in accordance with the applicable return procedures. The products to be returned to Cosmetal must be properly packaged and shipped with transportation costs borne by the buyer. If the returned goods, after being received and analyzed, are found to be compliant and void of defects, a contribution to handling costs will be charged, amounting to 10% of the goods' value.
14. All our systems and accessories are covered by product liability insurance for any damages caused to third parties, due to an electric malfunctioning or water leakage attributable to a construction or quality defect.
15. The standard products presented in Cosmetal's catalogues and price lists might be covered by a patent, trademark, copyright or other industrial property rights, therefore, their imitation or improper use are forbidden.
16. Photos and drawings are for guidance only. The data, measurements, articles, characteristics, performances and in any case all other data reported in this price list may be modified without prior notice in order to achieve the continuous improvement that makes the Celli group one of the world's leading companies in the sector.
17. These conditions are governed by laws of the Italian Republic. The Vienna Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the court of Macerata.
18. Cosmetal's equipment is covered by warranty for a period of 24 months (12 standard + 12 as extension) starting from the delivery date indicated on the transportation document, and are subject to the terms and conditions set out in the WARRANTY document. Any claim advanced after the 24 months above, shall be handled outside the Warranty.
19. Any serious defect (attributable to refrigerant leaks or compressor faults) identified within 48 hours of the system's installation (within the 24-months warranty period and with evidence of the date and method of installation), will entitle the user to priority handling of the warranty which, at Cosmetal's discretion, may entail repairing or replacing the system. In any case, the warranty does not include on-site service costs and transportation from the installation sites to the buyer's warehouse.
20. Cosmetal is committed to processing priority requests within 15 days and standard repair requests within a maximum of 3 months from the date of receipt.
21. It is understood that Cosmetal will process warranty claims in the shortest possible time; in any case, in order to ensure the highest level of service to the end user, Cosmetal advises its customers to keep in stock a few units of product used, especially during peak seasonal periods, in order to provide immediate replacements.
22 The buyer shall retain the title to the goods returned to Cosmetal and repaired. Cosmetal will rebuy the used goods, unless otherwise agreed. Returned and repaired goods shall therefore be re-shipped to the sender.
23. In relation to paragraph 1, if a machine under warranty is sent to Cosmetal to be repaired, the parts used in the repair and the labor costs shall be free of charge. The warranty does not cover any on-site repair interventions.
24. Repair must be intended as the sole and exclusive activity directed at removing the malfunction found by the customer: the repair cannot be understood as a complete restoration of the machine such as to make it "as good as new" / equal to new, unless otherwise agreed and with the relative costs charged.
25. Warranty exclusion: any damage caused to the system by high/unstable hydraulic pressures, excessive temperatures due to insufficient ventilation or failures attributable to input water quality (information available on the use and maintenance manual of the machine), will not be covered by the warranty.