1. General conditions
These conditions govern relationships between CREI STT Elettronica sas and its customers. These conditions cancel or replace all the previous conditions in being between customers and CREI STT Elettronica sas concerning products supplied. Any additions, changes or departures from these conditions must be made in writing by persons with suitable contractual powers in order to be valid.
2. Use declaration for products
CREI STT Elettronica sas declares that its products are for automatic machine and not safety devices. We therefore decline all responsibility deriving from uses other than the declared use.
Prices are understood to be EXW CREI STT Elettronica sas, VAT (whether applicable) is excluded, according to the price list in force at the time when the order had been placed.
4. Delivery terms
Reported delivery terms are not obligatory and do not constitute an essential term unless differently agreed with The Customer. Approximately CREI STT Elettronica sas is able to deliver term products within 20 working days from its Order Confirmation. If we do not receive any written communication within 2 days of receipt of the Order Confirmation, the order will be treated as tacitly confirmed.
CREI STT Elettronica sas will send to the Customer (Purchase Order) its own proposal (Order Confirmation).
Customers have no right to refuse goods or to request cancellation of the contract or damage indemnity for any delivery delays in any case unless he / she had requested an delivery date that cannot be extended ant it has been accepted by CREI STT Elettronica sas within the Order Confirmation.
Shipment is made using couriers whose charges are then debited in the customer’s invoice, unless different agreements and/or indications are made in writing. CREI STT Elettronica sas is not responsible for any losses, delays or damage during transport. All sales are understood to be for goods delivered onto vehicles ex-ourwarehouse.
Deliveries may be suspended or interrupted at any moment if, in CREI STT Elettronica’s unquestionable judgement, the situation or the customer’s commercial, economic or financial references do not offer suitable guarantees for fulfilling the obligations assumed with the receipt of the order confirmation.
Moreover, CREI STT Elettronica sas, at its own unquestionable judgement, reserves the right to adopt payment terms ‘in advance’ whenever there was an overdue payment on other deliveries happened between the Order Confirmation and the delivery of the goods.
We reserve the right to charge for the costs of special packaging in addition to the cost of the standard packaging.
7. Payment terms and methods
Invoices must be paid within the terms established in the order confirmation; failure to make payment within the terms leads to:
The application of arrears interest equal to the official interest rate of the European Central Bank plus 7 points (five percent), without this affecting any other greater damage claims.
CREI STT Elettronica sashaving the right to suspend or cancel any successive orders.
Failure to pay just one payment leads to the immediate lapsing of the term benefit and the immediate suspension of the assistance service.
8. Product examination, delays and failed delivery – claims for defects
Customers must examine the goods received and communicate any claims for goods not corresponding to what was agreed to CREI STT Elettronica sas, exclusively in writing, within the term of 8 days from receiving the goods; failure to so invalidates the guarantee (according to the arrangements of article 1495 of the Civil Code). On the other hand, any hidden defects must be communicated within 8 working days of their discovery and before two years passes from delivery. Claims must be made in writing otherwise they have no contractual or legal value.
Disputed goods must be returned to CREI STT Elettronica sas headquarters for the necessary examination with all the transport and packaging costs sustained by the customer. The act will become statute-barred after 6 months from the notification.
9. Product guarantee
CREI STT Elettronica sasproducts are guaranteed for 24 months from the delivery date.
The guarantee includes the free replacement and repair of parts with construction defects or which are recognized to be defective.
Using the guarantee does not exonerate the observance of payment obligations.
10. Product guarantee exclusions
Damage due to carelessness, negligence, incorrect use and installation or anyway from phenomena not dependent on normal product use are excluded from the guarantee.
The guarantee lapses if the product is tampered with or repaired by unauthorized persons.
Replacing the product and extending the guarantee on repaired products is excluded.
Indemnity for direct or indirect damage of any nature to persons or things from the use or suspension of the use of the transducer is excluded.
The right of regression cited within EU directive N° 44/99 is excluded.
11. Conditions governing the return of products
Returns must be agreed with our Sales Office: returned materials will not be accepted without a report of problem.
Shipments without the carriage paid will be rejected, unless authorized beforehand.
By returning material, CREI STT Elettronica sas is authorized to remove any parts added by the customer from the product. CREI STT Elettronica sas declines all responsibility for any loss or damage to returned products, or to any added parts sent together with the product.
Repairs only take place in our assistance workshop. The material must be sent with the carriage paid. Once repaired, products under guarantee will be sent to the customer with carriage paid, otherwise they will be sent with payment on delivery. The transport risks are anyway sustained by the purchaser.
12. Copyrights and patents
The products sold by CREI STT Elettronica sas may be subject to patent, brand, or copyright or other industrial property rights. CREI STT Elettronica sas owns the copyright of its own catalogue that cannot be copied, either fully or in part without prior written permission from CREI STT Elettronica sas.
13. Competence and applicable law
The Court of Bologna shall be exclusively competent to decide any disputes that may arise and not resolved in the relations between CREI STT Elettronica sas and its customers, with it being understood that all relations between the parties concerning the supply will be governed by the Italian legislation in force.
14. Order suspension or cancellation due to force major
If the execution of orders sent to CREI STT Elettronica sas is hindered or impeded by any cause that goes beyond the reasonable control of CREI STT Elettronica sas, (e.g. strikes, machine failures, fires, explosions, illnesses or injury concerning personnel, the reduction or suspension of electrical energy, natural calamities, etc.) or because of the impossibility to procure the materials, articles or services necessary for the execution of the contract, unless at higher prices,CREI STT Elettronica sasmay delay execution of the order and in this case after the customer has been informed, this latter will have the right to withdraw his order without any sum being withheld – or to cancel the order fully or in part and CREI STT Elettronica sas will not be held responsible for this delay or cancellation or in any other case of not being able to deliver. In any event, CREI STT Elettronica sas is not responsible for any direct or indirect damage.
However, the annulment will be in favor of the contracting Party who, before the end of the agreed time, will offer to the other according to used terms, the delivery of the goods or the payment of the price, if the other Party will not fulfill its own obligation.
The annulment will be in favor of CREI STT Elettronica sas if, at the end of the agreed terms for the delivery, the buyer, which obligation of paying the price is not expires, will not appear to receive goods in advance offered or he/she will not accept it.
The contracting Party who intend to avail of the annulment hereby described has to communicate to the other Party within eight (8) days from the expiration date even by fax or email; without such communication, general annulment terms for non-fulfillment will be adopted.