General Conditions of Sale of Interpump Group S.p.A. (hereinafter referred to as "Interpump")
Art. 1 (scope)
These General Conditions of Sale form an integral part of any offer, purchase order, and order confirmation. Any agreement on different terms must be approved in writing by Interpump.
1.2 The Products are sold with retention of title. Transfer of ownership shall occur only after the full payment of the purchase price.
Art. 2 (prices)
2.1 The prices of Products are expressed in Euro and are shown in the Price List. Prices are intended ex works (EXW) net of packaging, taxes, and any insurance.
Art. 3 (product specifications)
3.1 The technical specifications of Products are indicative and may be changed without notice The Customer shall be responsible for choosing the Products ordered and determining the suitability of the product to their requirements. Interpump reserves the right to make changes to Products at any time and is under no obligation to notify the Customer of such changes.
Art. 4 (delivery methods and terms)
4.1 Products will be delivered at Interpump's warehouse directly to the Customer or to the appointed carrier or forwarding agent.
4.2 Delivery dates are approximate and not binding for Interpump. The delivery date refers to the day of departure from Interpump's warehouse. Any delay in delivery or partial fulfilment of the order does not give the customer the right to cancel or claim compensation for direct or indirect losses, or to delay the payment of deliveries already made with respect to the agreed deadlines.
Art. 5 (suspension of delivery)
5.1 Failure to pay, even in part, of any delivery, shall give Interpump the right to suspend the deliveries underway even if they refer to products whose payment terms have not yet expired or for items already paid.
Art. 6 (solve et repete)
6.1 Customers may not take legal action or file claims for Product flaws, discrepancies or otherwise, unless the agreed payment terms have fully been complied with.
Art. 7 (warranty for defects, exemption from liability)
7.1 Interpump products are warranted to be free from defects in workmanship for a period of 12 months from the date of shipping. The warranty is limited to the repair or replacement of those parts, at our sole discretion, which prove to be clearly defective, with the exception of parts subject to wear. The Products under warranty must be sent on freight prepaid basis to Interpump Group S.p.A., via E. Fermi n. 25, 42049 S. Ilario D'Enza (RE), where they will be examined and repaired or replaced if necessary. The warranty expressly excludes any damage, loss, service, shipping or return shipping costs, generated by wilful misconduct, negligence, improper use,
tampering, freezing, atmospheric or natural events, damage during transport, failure to comply with installation and maintenance rules, the use of non-genuine spare parts.
7.2 The original warranty period will not be extended under any circumstances by repairs made under warranty.
7.3 The warranty terms as described in these General Conditions of Sale shall be the only warranty terms applied, thereby excluding any further or different statutory warranty.
Art. 8 (returns)
8.1 Interpump does not accept customer returns for repairs or other reasons unless they have been agreed with and authorised by Interpump in advance.
Art. 9 (payment)
9.1 Payments shall be made according to the terms and conditions agreed and specified in the invoice. In case of non-payment, Interpump reserves the right to charge default interest and the expenses incurred, pursuant to Legislative Decree 231/2002. Interpump shall have the right to suspend the processing of any orders due to failure to comply with the payment terms and conditions. In case of late payments, Interpump shall use any credit notes issued up to the limit of the credit to offset against amount due.
Art. 10 (Interpump Code of Ethics)
10.1 Violation by the Customer of the provisions of the Code of Ethics shall constitute a serious breach pursuant to Article 1453 of the Italian Civil Code and may result in termination of contract and compensation for the resulting damages.
Art. 11 (competent court)
11.1 Any disputes related to the contract of sale and the application of these General Conditions of Sale shall be submitted to the exclusive jurisdiction of the Court of Reggio Emilia.