The following selling conditions apply to every product trade. Favari is not bound to the client’s general purchasing terms and conditions, not even if referred toor are contained in the client’s order or are contained in any other documents coming from the client theirselves.
The effective product prices will be the one specified in Favari’s price list at the moment the order is being forwarded from the customer or, if the if the product was not inserted in any price list o no price list was available, the effective product prices will be the one specified in the order and confirmed in written form from Favari at the moment the order is being accepted. Except written agreements between both sides, the prices include IVA and discounts. Those prices do not contain packaging, delivery and trasportation costs from Favari’s storehouse to the customer’. Those costs are incured separately by the cusotmer. Favari will keep the product ownership until the complete payment . Favari reserves the right to modify one-sideness, without notice with immediate effect, the prices on the the price list in case the adjustment is due to circumstances that are beyond control. The alteration will be notified to the client and will take effect on every order starting from the day following the customer’s notification.
Exept for what eventually agreed upon in written form from both sides, Favari will delivery ex-works (EXW).
The delivery terms are indicative and are not essential term under art. 1457 of the Civil Code and the transportation costs are not included either. Exept for what preveiously foresee, Favari will not be considered responsable for delays or lacked delivery that can be linked to circumstances that are beyond control such as the following purely illustrative circumstances:
a) inadeguate or imprecise technical data or delays form the client to communicate Favari essential data or information regarding the shipping of the products;
b)difficulties in obtaining supplies in raw materials;
c) problems linked to the production or the pianification of orders;
d) partial or total strikes, natural calamity, measur imposed by the pubblic authorities, trasportation difficulties, force majeure;
e) delays from the courier.
The occuring of some of the preceeding events do not give the customer the right to ask for compensation in case of contingent damages or any other kind of compensation.
Exept otherwise agreed upon in written form between both sides, transportation will always occur at the client’s costs and risks. In the case that Favari takes up the product’s transportation, it will choose the mean and the courier which it will find most appropriate, if there is nothing specified from the client theirseves.
Order and tradings
The customer should submit Favari specific orders containing the product description, the quantity requested, the price and the terms request for the delivery.
The trade is be retained concluded whenthe customers receives from Favari a written confirmation congruent with the terms and conditions of the order or, in the case that the client receivesa written confirmation containg terms that differ from the ones contained in the order, transpired two working days after the rceiving date of the confirmation containing the differing terms, if Favari does not receive any written objection from the customer.
The orders regularly accepted from Favari cannot be revoked from the client previous written consent from Favari.
Exept different written agreement between both sides, Favari will issue the invoice at the acceptace of the order or of the parts delivery. The payments should be made in Eurowithin the deadline setbetwwen both sides and confirmed in written form by Favari. The missed payment within the arranged period of time, will give Favari the right to ask the client for overdue interests established from D.L. n°231/02. The missed payment or the delay in payments will give the right to suspend the deloivery of products and to invalidate every single undersigned trade and will not give the customer the right to pretend any compensation for damagees. Every complaint related to products and/or to their delivery cannot legitimate the suspension or the delay in payment.
Any dissimilarity of the delivered products to the customer regarding kind and quantity indicated in the customer’s order should be reported in written form within five days of the delivery date. If no reports are subbmitted within this period of time, the delivered products will be considered compliant to the customer’s order.
Favari guaranties that its products are exempt from faults/defects for a period of time of one year effective from the delivery date of these to the customer. The warranty will not be considered valid if the fauts/defects are caused by transportation; negligent or improper use of them; disregard of the instruction regarding the correct functioning, maintence and preservation; amends or alterations made by the customer or third parts. Provided that the customers complaint is strewn by warranty and notified in the terms, Favari will untertake at its own discretion, to substitute or repair every product or part of them which present faults or defects. The customer should make a written report to Favari if any faults or defects show clearly within eight days from the delivery or if there are any conceald faults or defects, within eight days of their discovery. The reported products should be sent immediately to Favari or in any other place the that the latter will specify. Costs and expances, exept different agreement, will be paid by the customer. The reported products should be sent immediately to Favari or in any other place the The warranty does not include products damages and/or defects caused by abnormalities from, or linked to, parts assembled/added from the customer or the end user. The customer cannot request warranty right is they did not pay out in the agreed terms and conditions. Favari will not recognize any warranty concearing the conformity of products to norms and regulations of countries that do not belong to the European Union if not previously agreed and confirmed by the latter. Favari will not be responsable for whichever damage deriving form or connected to faults of the products.
Registered head office, applicable law and jurisdiction
Favari has its legal residence at its registered offices.
FAVARI TRASMISSIONI SRL
Via Stephenson, 92 – 20157 Milano – ITALY
Tel. +39 02 3570441 – Fax. +39 02 33200736 – favari@favari
The trading conditions and every single selling will be controlled and interpreted in accordance with the Italian Law and all disagreements will be exclusively subjected to the jurisdiction of the Courthouse of Milan.