All supplies effected by Nova Rotors srl are governed exclusively by the following general terms of sale that are made known to operators also by including them in the catalogues of the goods produced. Any clause or condition that may be established by the buyer is null if in contrast with the following terms and if not expressly undersigned by ourselves. For anything not expressly envisaged, current Italian law shall hold, also for goods sold abroad.
QUOTATIONS:
Quotations are not binding. A quotation is considered accepted only upon our written confirmation of the order, after fully clarifying all the technical and commercial details. The information given in our catalogues, brochures and price lists is not binding. Therefore, we reserve the right to make any modification, which we believe to be an improvement, to our products and to the relevant price lists.
ORDERS:
The contract of sale is understood to be binding for both parties as of the date of issue of our order confirmation. The supply comprises exclusively the products and services specified in our order confirmation to our general terms of sale.
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1) WARRANTY
– a) our warranty expires after one year from invoice date of the product. It only covers the replacement or free of charge repair of the defective units or parts provided that said faults or defects are to be ascribed by us to manufacturing processes. Defective material previously supplied may not lead to cancellation or reduction of outstanding orders not to suspension of payments. We will not be responsible for the payment of any charges related to goods to be replaced or repaired under warranty.
Our warranty becomes null and void if units result altered or repaired without our written authorization, as well as in the case of non-performance of even just one of the contractual obligations assumed, specifically with regards to the conditions of payment;
– b) Our warranty does not cover defects or faults which would be attributed to external factors, insufficient maintenance, overload, inadequate lubrication, incorrect or improper choice of the items, assembly errors, deriving from external components and parts subject to fair wear or deterioration, as well as shipping damages since deliveries are at risk and expense of the customer;
– c) Expenses relating to operations (such as, for example, labour, dismantling, reassembly, transport, board and lodging) by the seller’s personnel to outside locations are to the account of the customer, even in case repair under warranty has been acknowledged. The seller will be accountable only for the costs of replaced parts and the time needed to replace them;
– d) Any other kind of damage compensation is excluded under this warranty agreement, neither can damages of any kind, be claimed direct or indirect (including by third parties);
– e) Requests for repair under and/or not under warranty must be submitted in writing through the official NOVA ROTORS SRL Claim Report for repair acceptance. Return of material to be repaired, in warranty or not, or not conform of any kind, will only be accepted if both back and forth transport charges are covered by the customer.
2) SHIPMENT – Material is considered accepted by the customer once it leaves our warehouse. Shipment of goods is considered at buyer’s risk even if shipment is effected free domicile at customer or through the shipper’s means of transport or forwarding agents appointed by the shipper.
3) DELIVERIES – A missing or delayed payment may suspend or cancel any residual order. We have the faculty at no charge, to arrange partial shipments and to cancel a residual order equal or less than 15% of the same.
The seller shall under no circumstances be held responsible for any direct or indirect damage to the customer on account of late delivery. The lead times given on the Order Confirmation are merely an indication and are observed as far as possible, with the exclusion of all possible claims for compensation by the Customer for any delays. Nova Rotors srl is anyhow entirely freed from all commitments concerning lead times in the following cases: a) When the Buyer fails to observe the agreed terms of payment. b) In cases of force majeure or events such as: lockouts, strikes or anyhow abstention from work, epidemics, war, confiscation, fire, flooding, manufacturing accidents, suspension or delay in transportation. c) When the buyer fails to provide, in good time, all the data necessary to effect the supply and/or the materials to be supplied to the Seller.
4) RETURNS – Return goods will be accepted only if previously authorized in writing by the seller.
5) PRICES – Our company reserve the right to modify their own quotations (even if confirmed) in case necessary due to unsteady market and production conditions. The price list refers to ex-works prices, not including packing nor any other additional costs.
6) COMPLAINTS – Complaints for defective material or shortage of goods must be effected in writing and within the legal terms (15 days upon receipt of the goods) or they will be considered null.
In case of complaints, the buyer is not anyhow entitled to stop or delay payments.
Any claim concerning the present document should be notified within 8 days from its receipt, otherwise it will be considered accepted in all its parts.
7) INTERESTS – It is understood that interests have to be agreed and accepted in case of late payments, according to the current average terms applied by our banks and in accordance with European Commission Regulations in force.
8) CONDITIONAL SALE – We reserve the right of property on the goods sold until the whole payment has been effected together with the settlement of eventual interests and accessories. The grant of a bill or its eventual renewal cannot be considered as a definite payment of the price and will be subjected to final collection.
9) PRICE LIST – This current price list cancels and replaces all the previous ones.
10) LAW – All disputes which may arise in relation to the sale shall be governed by the Italian Law and the Law Court of VICENZA shall have the sole jurisdiction.