GENERAL TERMS OF SALE
Note: for convenience, these Conditions of Sales are translated into English. In case of litigation, the Italian text has legal value.
1. Scope of application
1.1 All deliveries and related services are made exclusively on the basis of these General Terms and Conditions of Sale.
1.2 Any reference by the Buyer to its own general terms and conditions is therefore rejected.
These General Conditions of Sale shall apply to all future transactions. Any deviation from these General Conditions of Sale shall require the express written consent of MEVA S.R.L. or "Seller".
2. Offer and Acceptance
2.1 All offers made by MEVA S.R.L. are non-binding and without obligation and are intended as an invitation to the Buyer to submit a binding offer to the Seller.
2.2 The contract is concluded by the Buyer's order (offer) and acceptance by MEVA S.R.L. If the latter differs from the order, it shall be considered as new.
2.3 Binding communications shall be made by letter or fax.
3.1 The delivery terms of the Products are those indicated in the Order Confirmation.
3.2 They shall also be extended, and in no event shall the Seller be liable for late delivery, if
a) the Buyer or a third party designated by the Buyer fails to deliver the materials on time.
b) The Buyer or a third party designated by the Buyer is late in approving the working drawings or sending the technical data sheet with the characteristics of the material/product to be manufactured. Delivery shall be made as agreed in the contract.
c) in case of force majeure or other causes beyond the control of Meva S.r.l.
4. Methods of delivery
4.1 Unless otherwise agreed, the products are sold at the factory of Meva S.r.l. and are shipped at the sole risk and insurance of the purchaser, with reference to the Incoterms in force at the date of the contract.
4.2 The packaging of the products shall also be provided by the Buyer to the Seller or otherwise included in the selling price of the product.
5.1 Payments shall be made in the manner stipulated in the concluded commercial agreements entered into, and in the event of late payment, the Buyer will be charged the legal interest required by law.
6. Defects in the delivered goods
6.1 The Buyer must notify the Seller of any defects and/or faults r in writing, no later than 10 days after receipt of the Products and, in the case of hidden defects and/or faults, no later than 10 days after their discovery. The notification must be made in writing and by PEC certified mail.
6.2 The contract of sale may be lawfully terminated by the Seller, without any contractual or non-contractual liability or other remedy, in the following cases:
gar, insurrection, riots, acts of terrorism, sabotage or piracy, kidnapping, causes of force majeure, epidemics, pandemics, natural disasters, explosions, fires, destruction of machinery and/or equipment, and finally for breach of contract by the other party.
6.3 Except in cases of willful misconduct or gross negligence, Seller shall not be liable for any indirect or consequential damages, either for production downtime or for any lost profits.
7. Arbitration Clause
7.1 All disputes arising from this contract shall be settled by arbitration according to the Rules of the Vicenza Camera Arbitrale. The Tribunale Arbitrale will consist of a panel of three arbitrators, two of whom shall be appointed, each, by each party, the third, acting as Chairman, by mutual agreement of the two arbitrators or, in the absence of agreement, by the Vicenza Camera Arbitrale.