{"id":1713,"date":"2016-08-12T18:18:28","date_gmt":"2016-08-12T16:18:28","guid":{"rendered":"https:\/\/www.sevikabel.it\/?page_id=1713"},"modified":"2018-01-07T04:14:34","modified_gmt":"2018-01-07T03:14:34","slug":"terms-and-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/www.sevikabel.it\/en\/disclosures\/terms-and-conditions-of-sale\/","title":{"rendered":"Conditions of Sale"},"content":{"rendered":"

1. - APPLICATION OF THE GENERAL CONDITIONS OF SALE - ENFORCEABILITY\u2019<\/strong><\/span>
\nThe present general sales conditions are systematically sent or delivered to each Buyer in order to regulate future orders between the parties. Consequently, the order shall be governed by the present general conditions of sale, to the exclusion of all other documents such as brochures and catalogues issued by the Seller which have a purely indicative value. No particular condition may, unless formally waived in writing by the Seller, prevail over the general conditions of sale.
\nAny condition to the contrary opposed by the Buyer shall therefore, in the absence of express acceptance, be unenforceable against the Seller, irrespective of the time at which it was brought to his knowledge.
\nThe fact that the Seller does not prevail at any given time of any of these general conditions of sale shall not be construed as a waiver of its intention to prevail further of any of the aforementioned conditions.
\n2. - ORDER<\/span><\/strong>
\nOrders shall become final once they have been confirmed in writing by the Seller in the form of an acknowledgement of receipt, unless otherwise stipulated. The Seller shall only be bound by orders placed by its representatives or employees subject to written and signed confirmation. The order directly binds the Buyer and cannot be assigned without the Seller's agreement.
\n3. - CHANGE OF ORDER<\/span><\/strong>
\nAny modification or cancellation of an order requested by the buyer shall only be taken into account if such modification is received in writing within 4 days of acceptance of the order. After this period has elapsed, the modification or cancellation will give rise, at the seller's option, to additional invoicing or payment of a penalty equal to 80% of the initial order. If the seller does not accept the change or cancellation, the down payments made will not be returned.
\n4. - DELIVERY - OBJECT OF DELIVERY<\/span><\/strong>
\nThe vendor reserves the right to make any changes it deems useful to its products at any time and, without being obliged to modify products previously delivered or in the course of ordering, also reserves the right to modify models defined in its brochures or catalogues without prior notice.
\n5. - DELIVERY<\/span><\/strong>
\n5.1. WAYS\u2019<\/span><\/strong>
\nDelivery is made to the Seller's warehouses either by direct delivery of the product to the Buyer or by delivery to a forwarding agent or carrier. The Buyer undertakes to collect the goods within 8 days of the notice to make them available. After this period has expired, the Buyer shall be charged storage costs.
\n5.2. - DELIVERY TERMS<\/span><\/strong>
\nDeliveries are only made according to availability and order receipt. The Seller is authorised to make deliveries either in whole or in part. Delivery periods are stated as precisely as possible, but are dependent on the Seller's procurement and transport possibilities. Exceeding delivery deadlines shall not entitle the Buyer to compensation for damages, or to blocking or cancellation of orders in progress. However, after one month has elapsed from the indicative delivery date if the product has not been delivered, for a reason other than force majeure, in which case the sale may be cancelled at the request of either party; the Buyer may obtain repayment of the advance without prejudice to any other indemnity or compensation for damages. The following shall be considered as cases of force majeure relieving the Seller of his obligation to sell: war, riot, fire, strikes, accidents, the impossibility of being supplied. The Seller shall keep the Buyer informed, in due time, of the facts and events listed above. In any case, delivery within the foreseen terms shall not take place if the Buyer does not fulfil his commitments towards the Seller, whatever the cause.
\n5.3. - EXPENSES<\/span><\/strong>
\nTransport and insurance costs shall be borne by the Buyer.
\n5.4. - RISKS<\/span><\/strong>
\nThe products travel at the risk and peril of the consignee, who shall, in the event of damage or shortcomings, make all necessary objections and confirm his reservations by an extrajudicial act or by registered letter with acknowledgement of receipt addressed to the carrier within 3 days following receipt of the goods.
\n6. - RECEPTION<\/span><\/strong>
\nWithout prejudice to the measures to be taken against the transporter, complaints relating to apparent defects or to the non-conformity of the product delivered with respect to the product ordered or to the dispatch note must be made in writing within 48 hours of the arrival of the products. It shall be incumbent on the Buyer to provide any justification concerning the reality of the defects or anomalies noted. He shall allow the Vendor every facility to ascertain such defects and to remedy them. He shall also refrain from intervening directly or having a third party intervene for this purpose. For products sold packaged, the weight and measurement measured at the time of departure shall be deemed to be the quantity delivered.
\nThe invoiced lengths are those actually delivered. If they have been subject to special manufacturing, they may differ from the ordered quantities to the extent of +\/- 5% without this justifying any objection on the part of the purchaser.
\n7.- REPLACEMENT
\n7.1. METHODS\u2019<\/span><\/strong>
\nNon-conforming or defective products may be replaced.
\nAny return of product is subject to a formal and prior agreement between the Seller and the Buyer.
\nAny product returned without such an agreement will be held at the disposal of the purchaser and will not be credited.
\nThe costs and risks of return are always borne by the purchaser.
\nReturned goods are accompanied by a return voucher that will be affixed to the packages and must be in the same condition in which the seller delivered them.
\n7.2. - CONSEQUENCES<\/span><\/strong>
\nIn the event of an apparent defect or non-conformity of the products delivered, duly ascertained by the Seller under the above conditions, the Buyer may obtain a free replacement or reimbursement of the products at the Seller's option, any compensation for damages being excluded.
\n8. - WARRANTY
\n8.1. - EXTENSIONS<\/span><\/strong>
\nThe Vendor guarantees the products for a period of 1 year from the date of delivery.
\nThe Vendor's guarantee is limited to defects in the products sold and existing on the day of sale.
\nThe Vendor's liability cannot be claimed in the event of abnormal use of the products or non-compliance with safety rules. Under this guarantee, the only obligation incumbent on the Vendor shall be the free replacement or repair (at the Vendor's choice) of the product or element recognised as defective by its services. In order to benefit from the guarantee, each product must first be presented to the Vendor's after-sales service, the agreement of which is indispensable for any
\nreplacement.
\nAny transport costs shall be borne by the Buyer.
\n8.2. - EXCLUSIONS<\/span><\/strong>
\nThe guarantee is not recognised for apparent defects. Also excluded are defects and deterioration caused by natural wear and tear or an external accident (faulty assembly or installation, poor storage conditions, abnormal use, etc.), or due to an unforeseen or unspecified modification of the product
\nby the Seller. In the event of a claim involving aviation and\/or space liability resulting from an erroneous or incomplete declaration by the buyer, SEVI KABEL reserves the right to fully involve the buyer's liability.
\n9. - PRICES<\/span><\/strong>
\nPrices are established on the basis of the estimate. Quotations are valid 30 days from their preparation, unless otherwise stipulated. Prices are net, ex works, excluding taxes, based on the rates communicated to the Buyer for the supply of products and materials. Any request for additional services such as: studies, engineering, test reports, homologation procedure and various certificates shall, unless otherwise agreed, be subject to additional invoicing by the Seller separate from the cost of the products sold.
\nThe currency of payment is the euro, unless otherwise stated. Unless otherwise agreed in writing by the Seller, transport costs shall always be borne by the Buyer.<\/span>
\n10. - INVOICING<\/strong><\/span>
\nAn invoice is issued for each shipment and sent by post.<\/span>
\n11. - PAYMENT<\/strong><\/span>
\nOn first delivery, payment shall be by cash on delivery unless otherwise agreed.
\nAfter the first delivery, payment can be agreed by bank receipt or bank transfer at 30 - 60 - 90 days
\n11.2. - DOWN PAYMENT<\/span><\/strong>
\nThe Seller reserves the right to link the order to the payment of a deposit.
\n11.3. - LATE OR NON-PAYMENT<\/span><\/strong>
\nIn the event of late payment, the seller may suspend all pending orders, without prejudice to any other possible course of action. Any amount not paid by the due date indicated on the invoice shall entail penalties in an amount equal to one and a half times the legal interest rate.
\nSuch penalties shall be payable at the Seller's request.
\nIn the event that the Buyer fails to pay for the products within the agreed terms, the Seller shall be entitled to immediately suspend the execution of any contract of sale concluded with the Buyer until the latter has made full payment of the amount due.
\nThe Purchaser shall be liable for the reimbursement of all expenses occasioned by the proceeds obtained through litigation, including the fees of public officials.
\nUnder no circumstances may payments be suspended or be subject to any set-off without the prior written agreement of the Seller. Any partial payment shall be charged as an advance on the total amount.
\nIn all of the above cases, amounts that are due for other deliveries or for any other reason shall become due immediately if the Seller does not opt to cancel the relevant orders.
\n11.4. - REQUEST FOR GUARANTEE OR PAYMENT<\/span><\/strong>
\nThe Seller reserves the right to demand payment in cash or by draft payable at sight or a bank guarantee of payment of the price in an amount equal to the amount of all claims, whether or not past due, of the Seller against the same Buyer, prior to execution of the orders received.
\n<\/span>12. - TRANSFER OF RISKS<\/strong><\/span>
\nThe transfer of risks on the products, even in the case of sale established free at port, takes place from the moment of dispatch from the Seller's warehouses. It follows, in particular, that the goods travel at the risk and peril of the Buyer who, in the event of damage, loss or shortcomings, shall be responsible for making all reservations or exercising any recourse with the carriers responsible.<\/span>
\n13. - PACKAGING<\/strong><\/span>
\nUnless otherwise agreed, the deposit of the reels shall be invoiced at the same time as the cables (on the basis of the professional tariff in force). This deposit shall be refunded, subject to deduction of a fixed fee, if the reels are returned carriage paid in good condition within a maximum period of 3 months. After this period, the seller may charge a monthly rental fee of 2.5% of the price. Packaging and reels bearing the Seller's trademark may only be used for its products and under no circumstances may they be used for other products. Any breach of this rule would expose the author to criminal prosecution and payment of damages.<\/span>
\n14. - LIMITATIONS ON THE RIGHT TO USE CONTRACTUAL PRODUCTS<\/strong><\/span>
\nThe Buyer undertakes not to use the purchased products for any use other than that for which they are intended and in particular not to use them for participation in competitions, contests, exhibitions and similar events without the prior written consent of the Seller.
\nAny liability arising from such use, even when authorised by the Seller, shall remain solely with the Buyer.
\nFailure to comply with the prohibition under this Article 10 shall result in the immediate forfeiture of the Buyer's right to the guarantee.<\/span>
\n15. - INDUSTRIAL PROPERTY<\/strong><\/span>
\nAll equipment, models, drawings, specifications, technical documents, assembly instructions, user manuals and other information provided by the Seller shall at all times remain its property.
\nThe purchaser may not claim any ownership of the equipment, models, drawings and specifications and other items of information and may not use them outside the scope of the sales contract under any circumstances.
\nThe Buyer is prohibited from reproducing the Seller's products.
\nAll industrial property rights relating to the results of the execution of the order remain the property of the Seller without limitation as to duration and without geographical limitation.<\/span>
\n16. - CONFIDENTIALITY<\/strong><\/span>
\nAll information and documents that come to the knowledge of the Purchaser, excluding only those that belong to normal disclosure, are to be considered subject to the obligation of secrecy and confidentiality.<\/span>
\n17. - EXCLUSIVE JURISDICTION AND APPLICABLE LAW<\/strong><\/span>
\n17.1<\/span><\/strong> - Any dispute relating to the present General Terms and Conditions of Sale and the sales governed by them shall be subject to the exclusive jurisdiction of the Court of TURIN.
\n17.2<\/span><\/strong> - Italian law shall be exclusively applicable to any dispute relating to these General Terms and Conditions of Sale and the Sales governed by them.<\/span>Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly approved.
\nArt. 3 (change of order); Art. 4 (subject of delivery); Art. 5 (delivery); Art. 6 (receipt); Art. 8 (guarantee); Art. 11 (payment);
\nArticle 17 (place of jurisdiction and applicable law).<\/span><\/p>","protected":false},"excerpt":{"rendered":"

1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE \u2013 ENFORCEABILITY These general terms and conditions of sale are systematically sent or delivered to every Buyer in order to regulate future orders exchanged between the parties. Consequently, the order shall be governed by these general terms and conditions of sale, to the exclusion of all other documents such as brochures and [\u2026]<\/p>","protected":false},"author":8,"featured_media":0,"parent":1700,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-tpl_full_width.php","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1713","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nCondizioni di vendita - Sevikabel<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.sevikabel.it\/en\/disclosures\/terms-and-conditions-of-sale\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Condizioni di vendita - Sevikabel\" \/>\n<meta property=\"og:description\" content=\"1. \u2013 APPLICAZIONE DELLE CONDIZIONI GENERALI DI VENDITA \u2013 OPPONIBILITA\u2019 Le presenti condizioni generali di vendita sono sistematicamente inviate o consegnate ad ogni Compratore al fine di regolare i futuri ordini che intercorreranno fra le parti. 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