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Commercial
refrigeration
SALE GENERAL TERMS
1) IRREVOCABILITY OF ORDER - Upon signature of the order, the
customer undertakes irrevocably for a period of 15 days to purchase the
products indicated in the same order, at the price agreed (except for
provisions of subclause 6); Unifrigor s.r.l. reserves the right to accept
the order or reject it; the agreement will be deemed as defined upon
express acceptance or, anyway, 15 days after the transmission of the order
to Unifrigor s.r.l., who will fulfil its obligation by shipping the
products. The goods are sent at customer’s risk. At any time Unifrigor
s.r.l. can halt or suspend the delivery, in case the customer does not
comply, even partially, with payment terms or other obligation, or when,
at its discretion, Unifrigor s.r.l. does not consider the payment terms
reliable.
2) DELIVERY - Delivery terms should be considered as indicative,
not essential, and can be modified without any right for the customer to
indemnity or damage claim, and become effective from the date of signature
of the agreement. These terms will be suspended in case the payment has
been settled before the delivery. In addition to force majeure, including
personnel strike, a 20% allowance on the number of days agreed for
delivery is admitted; the days requested for final tests and other tests,
if necessary, are not included in this computation; Unifrigor s.r.l. can
not be held liable for delays due to the transport agent.
3) PAYMENTS - The payment is defined with “advanced bank transfer”
for the first order (if not otherwise provided in the agreement) and,
anyway it should be made to Unifrigor s.r.l.
4) INVOICING - Anyway, when goods are ready, Unifrigor s.r.l.
reserves the right to issue the invoice related to the same goods.
5) GOODS READY AND STORAGE - Unifrigor s.r.l. can send to the
purchaser a “goods ready” notice; if the customer fail to arrange the
goods collection within 10 days, Unifrigor s.r.l. will charge a daily
amount of 10 € for storage costs, starting from the eleventh day after the
notice above has been sent, until collection. After 2 months from that
notice, Unifrigor s.r.l. has the right to terminate the agreement and
claim the payment of the storage costs, as explained above, plus an
indemnity of 50% of the amount of the supply and possible additional
amounts for damage.
6) PRICE - The price indicated in the offer should not be
considered as definite, as it can change depending on possible increase of
costs until order confirmation; unless otherwise agreed, the price does
not include VAT and other taxes. In case the customer can benefit from
facilitations and/or exemptions, Unifrigor s.r.l. should be informed in
written at the order and all necessary details should be provided.
Otherwise, Unifrigor s.r.l. will comply with tax laws and the customer
should anyway reimburse any amount in full.
7) “SOLVE ET REPETE” - Payments can not be delayed or suspended,
even partially, for any reason. Possible claims cannot be filed, and
possible objections cannot be contested until the full payment has been
settled, ex art. 1462 of the Italian Civil Code, according to the
principle of “solve et repete” – pay and then claim.
8) TRANSPORT AND PACKAGING - The goods are sold ex-works; the
customer should arrange their collection. The goods are shipped at
customer’s risk. The customer is obliged to collect the goods as they are,
except for actions against the transport agent. The seller is not liable,
even in case he has selected the transport agent on behalf of the customer.
9) INTEREST - The computation of interest on amounts in arrears
will start from the day following the date when the payment was due, or,
in case of direct remittance, the day following the delivery date. It
corresponds to 5% (five per cent) per year.
10) TERMINATION OF THE TERM BENEFIT - In derogation to any
regulation, in case of payment by instalments of a single supply or
payment upon each delivery for orders with partial delivery, the failure
to pay respectively one instalment or one supply will cause the
termination of the term benefit. As a consequence, all the remaining
instalments will be immediately due for the goods already delivered. In
addition to that, Unifrigor s.r.l. has the right to terminate the
agreement. The customer is obliged to indemnify Unifrigor s.r.l. for
damage and pay the remaining amount due.
11) ENFORCEABLE LAW AND ARBITRATION - In case of dispute arising
from the provisions of this agreement, is only accepted the enforceability
of Italian law and the arbitration house of Piemonte will be exclusively
competent.
12) GUARANTEE - Replacement of defective parts: 12 months for all
parts excluding electrical components and glass doors. Guarantee will not
be valid in case of non-payment or delayed payments of our products.
Guarantee don’t cover goods during the transport, also in case of robbery.
13) PROPERTY RIGHT - The property of the goods is transmitted to
the customer upon full settlement of the price. Meanwhile, the customer
has a property option. In case of payments overdue, the customer becomes
the bailee of the goods: he is obliged to respect all regulations and
obligations provided by a bailment or use agreement. I n case of failure
to fulfil his payment obligations, the bailee should return the goods and
should indemnify the owner for the use of the goods and their decay.
Pursuant to art. 1341 and 1342 of the Italian Civil Code, the points 1 (IRREVOCABILITY
OF ORDER), 2 (DELIVERY), 5 (GOODS READY AND STORAGE), 7 (SOLVE ET REPETE),
8 (TRANSPORT AND PACKAGING), 9 (INTEREST), 10 (TERMINATION OF THE TERM
BENEFIT), 11 (ENFORCEABLE LAW AND ARBITRATION), 12 (GUARANTEE AND DEFECTS),
13 (PROPERTY RIGHT) of the general terms above are expressly approved.
The company has the right to modify any term
without previous notice
In case of order we will consider accepted
these sale general terms
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