General conditions of Sale
1.1 The terms and conditions of the following “General Conditions of Sale” determine and regulate the sale of products by EDILTEC Srl based in Modena at Via Giardini n. 474, p.i.v.a. 01932170366 and remain available to customers, displayed on the notice board at the entrance of the office, published on the website and included in the product catalog. The forwarding of an order by a Buyer to EDILTEC implies the integral, unconditional and irrevocable acceptance of the General Conditions described herein and the automatic waiver by the Buyer of its own general conditions of purchase or standard purchase contracts. in use by the Buyer.
1.2 Any condition that differs from these will only be effective for Ediltec if explicitly accepted and signed; tacit exceptions or by acceptance of conditions indicated by others are not allowed.
1.3 The sales contract will be considered concluded only when the order confirmation stamped and signed for acceptance is received by EDILTEC. Ediltec S.r.l. expressly reserves the right to withdraw from the contract and therefore not to carry out the supply or not to complete it, if in the meantime it becomes aware of facts or news relating to the customer, such that would not have induced it to contract or would have determined various conditions.
Delivery of goods and defects
2.1 Unless otherwise agreed between the parties, the products are sold “carriage paid” with risk and danger borne by the buyer; The delivery times indicated are indicative only and without any commitment on the part of EDILTEC.
2.2 Any findings in relation to externally recognizable damages, flaws and / or defects or any findings in terms of quantities discordant with the Transport Document, must be detected immediately and exclusively with annotation at the bottom of the D.D.T. If the sale is carried out “ex works”, the taking over of the goods is equivalent to the recognition of the quantities indicated in the DDT and the absence of externally recognizable defects, meaning as of now that the person in charge of the withdrawal is provided with this power of representation .
2.3 In the event that, however, quality defects of the product are discovered, the customer must immediately notify the seller and in any case within 8 days of discovery, providing any useful description / illustration of the defect with any means and / or support available, as well as providing demonstration on the suitability and correctness of the handling and storage of the products. The replacement of the product will not be recognized if it has been applied and if any defects of the same, with the use of professional diligence, would have been recognized before application, much less further, connected or consequential, direct damages will be recognized. and indirect.
3.1 In the event of a discrepancy in the prices indicated in the order and in the order confirmation, those indicated in the document formed by EDILTEC prevail, which reserves the right, however, to increase the prices, communicating this increase in writing to the Buyer with at least ten ( 10) days in advance from the start of the increase. In this case, the Buyer will have the right to cancel his Order
communicating it to EDILTEC by the effective date of the increase. The goods ordered with deferred deliveries will be invoiced at the price in force on the day of shipment.
4.1 In case of discrepancy between the payment terms indicated in the order and those indicated in the order confirmation, those indicated in the document formed by Ediltec prevail and in any case those indicated on the invoice.
4.2. Any extension of payment granted to the customer or any method of payment other than
the immediate one lapses when a non-payment occurs even if of a minimum amount and of a single deadline by the buyer; at this time, all expiring invoices will be considered expired on the day of the unpaid and will be immediately requested for payment.
4.3 If the Buyer does not pay for the products within the agreed terms, EDILTEC will also have the right to: (I) request the immediate payment of all outstanding balances; (II) cancel all orders not yet executed or (III) suspend the execution of Orders until the Buyer has paid the amount due. EDILTEC also reserves the right to terminate the sales contract in the event of default of the Buyer in the payment of the price, due in any case the default interest, except for compensation for damage.
4.4. The provisions of points 4.2 and 4.3 above. also applies where a non-payment / outstanding payment by the customer against any of the companies Pannelli Termici Srl, Decem Srl, Algor Srl, companies associated with Ediltec and co.
7.1 The return authorization will take place on condition that the packaging is intact or that the materials have been kept in perfect condition. The customer renounces as of now any claims for further direct and indirect damages that may arise from the unavailability of the material for the time of verification of the defect and subsequent replacement of the material. Any dispute does not entitle the buyer to suspend payments and any reason for the buyer must assert himself in separate judgment upon demonstration of the payment of the goods, applying the solve et repete clause between the parties.
8.1 The drawings, schemes, specifications, technical and commercial nomenclatures, documents, samples, catalogs, brochures, patents and models, trademarks, as well as any technical information that EDILTEC may communicate or make available to the Buyer remains the exclusive property of EDILTEC and / or its Licensor, who may request the return from the Buyer at any time.
8.2 The Buyer undertakes not to make any dissemination or reproduction of it and not to reveal its content to third parties without the prior written consent of EDILTEC. The Buyer also undertakes to inform EDILTEC as quickly as possible of any violation of the intellectual property rights belonging to or licensed to the latter, of which he has become aware and will provide EDILTEC at the request of all assistance which he the latter should need to defend his rights.
Discount for anticipation
If a discount is applied according to conditions and / or payment methods, in case of non-compliance with these conditions, the amount of the discount will be charged to the customer by means of a debit note.
General characteristics of products and conservation requirement.
Ediltec produces thermal insulation products for use essentially in the building industry. Products can deteriorate on contact with atmospheric agents. They are sold in packaging that guarantees the necessary protection for loading and transport operations, as well as first handling. Therefore, indoor storage and permanence on site, or in any case exposure to atmospheric agents, for the strictly necessary is recommended. The fixing of the panels is always prescribed and, since they are not waterproofing products, the application of a waterproof covering is always prescribed; in no case will complaints be accepted in the case of poses without suitable fixing or for water infiltration problems.
The Buyer cannot transfer or assign, in whole or in part, the sales contract, without the written consent of EDILTEC.
Applicable law and competent court
For all matters not expressly regulated by these General Conditions, Italian Law will apply and for any judicial action the exclusive jurisdiction of the Court of Modena is recognized as of now.