These General Terms and Conditions of Sale shall apply to any and all transactions concluded between the Seller and Resintex Technology S.r.l. (hereinafter referred to as Resintex) and the Buyer without the need for an express reference thereto or for a specific agreement to that effect upon the conclusion of each individual transaction. All other terms and conditions shall only apply where confirmed in writing by the Seller. Technical Data Sheets and Supply Specifications, where mentioned, shall form an integral part hereof. The sending of a purchase order by the Buyer implies acceptance of the General Terms and Conditions of Sale, which shall be deemed fully accepted for all supplies by Resintex.
Orders placed by the Buyer shall not be deemed accepted until they have been confirmed in writing by the Seller and shall have a minimum value of € 250.00. In case of invoice issue for lower amounts, € 25 will be charged as contest expenses, with application of the “cash on delivery” method for shipment and delivery of the material. In the event that the Seller fails to confirm in writing an order negotiated verbally, the issue of an invoice or the execution of the order by the Seller shall be considered as confirmation.
Orders and/or changes to orders placed verbally or by telephone shall be confirmed in writing by the Buyer. Otherwise, the Seller shall not be liable
for any errors or possible misunderstandings.
The only valid prices of the products shall be those set out in the price lists in force at the time the order is placed, identified and referred to in the Order Confirmation.
3. PAYMENT TERMS
Payment for the products/goods must be made at the time of delivery or in accordance with the specific instruction set out in the invoice. In the event of non-payment within the prescribed time limits, Resintex shall apply default interest on the principal amount as set out in Article 5 of Legislative Decree No. 231 of 09.10.2002 implementing Directive 2000/35/EC, expressly reserving, in the event of continued non-performance, the right to suspend supplies and cancel confirmed orders. Non-payment of invoices by the due date shall involve automatic cessation of the supplies, application of interests payable and change of the payment method to “cash on delivery” for the following supplies.
Payment shall be deemed to have been effected when the amount due is actually available to Resintex. The Buyer shall not be entitled to any set-off, retention or reduction.
Resintex warrants that the products will be free of any obvious defects and packaged in such a way as to guarantee their integrity according to the type of product and transport. Any transport by sea or air must be requested in advance and agreed upon when ordering with the Customer Service, which will indicate any additional cost.
Unless otherwise agreed in writing, any delivery time specified shall not be binding on the Seller. Unless otherwise agreed between the parties, indicative delivery time shall be the one stated in the order confirmation. In the event that the Buyer is unable to take delivery of the Products on the agreed date, the Buyer shall immediately notify Resintex thereof, specifying the reasons and, if possible, the time when delivery can be accepted. If the Buyer fails take delivery of the Products on the agreed date, the Buyer shall in any event be liable to pay any part of the price that becomes due on delivery, as if delivery had taken place. In such case, Resintex shall keep the products in storage at the Buyer’s risk and expense and, if the Buyer so requests, Resintex may insure the products at the Buyer’s expense.
Total or partial cancellations of orders by the Buyer shall be agreed in writing and shall cover the costs incurred by Resintex for materials bought and processed as well as for the overhead costs attributable to the cancelled order.
7. DUTY OF INSPECTION AND ACCEPTANCE OF PRODUCTS. COMPLAINTS
Upon taking delivery of the Products and before releasing the goods, the Buyer and/or consignee shall check whether they correspond, in type and quantity, to what is stated on the Transport Document and, in case of shortages, tampering or evident defects of the packaging, shall immediately report the anomaly to the carrier with a special declaration in the delivery note and notify our Customer Service of receipt with reservation. Any defects found upon receipt of the products must be reported at the same time when they arise or are discovered by registered letter, indicating invoice number, transport document, date of shipment and reference lot and specifying/describing in detail the type and amount of the alleged defects. The Buyer agrees to make the disputed Products available for inspection; said inspection shall be performed by Resintex or by an expert/personnel appointed by Resintex.