Terms of Sales
Sales and Supply Policy
Preamble
These general terms and conditions of sale and supply are drawn up by Intech Automazione srl to align with the conditions simultaneously prepared by its suppliers. They are therefore intended to regulate relations with its customers, i.e. those who request a quote or formalize an order with Intech Automazione srl. A quote is a written document by which Intech Automazione srl submits a supply proposal to the customer under certain conditions. The quote may be followed by an order, signed by the customer, requesting a supply, i.e. the subject of the order. An order confirmation is a document from Intech Automazione srl that finalizes the agreement between the parties. With this document, Intech Automazione srl confirms acceptance of the order received.
Quotes and Orders
Quotes issued by Intech Automazione srl are revocable and valid for 30 days, unless otherwise stated in the quote. Each individual order is finalized upon acceptance or issuance of the order confirmation communicated by Intech Automazione srl. Any terms and conditions proposed by the customer that are different will only be applicable if expressly approved in writing by Intech Automazione srl.
Order Content
An order is considered fulfilled by Intech Automazione srl with the supply of the goods identified in the order by the customer according to the delivery methods agreed upon by the parties. Any cancellations or modifications must be authorized in writing by Intech Automazione srl.
Prices and Payments
The prices of the supply are those expressly indicated in the order confirmation or as otherwise resulting from a written agreement between the parties. Unless explicitly stated otherwise, they do not include services, charges, taxes, or commissions and, in general, all taxes and financial charges related to the sale and export. Intech Automazione srl reserves the right to modify the price of the supply only in the event that the cost of the goods and labor has undergone a significant change since the order confirmation. In particular, if Intech Automazione srl is required to incur additional costs for the execution of the supply, unforeseen at the time of the order and arising, for example, from legislative changes
Retention of Title
Each sale is in any case made with a retention of title clause. Ownership of the goods supplied remains with Intech Automazione srl until full payment of the price. In the event of termination of the contract, Intech Automazione srl will have the right to request the immediate return of the goods at the customer's expense and/or to collect it from the purchaser, who in turn will lose the right to acquire ownership.
Delivery Terms
The delivery terms indicated in the orders are indicative and therefore have no legal or binding value. In relation to this, Intech Automazione srl always has the right to anticipate the fulfillment of the order if it is in a position to do so and deems it appropriate. If the parties intend to identify the delivery term as essential, giving it legal and/or binding value, they must agree on it in a separate document from these general conditions in writing. The essential delivery term is considered to be met by Intech Automazione srl from the moment the supply is delivered to the carrier and leaves the warehouse of Intech Automazione srl, or when the customer is informed of the availability of the supply for collection or shipment. If the Order received and confirmed by Intech Automazione srl provides for the supply of multiple goods, in the absence of an explicit written agreement, the fulfillment will take place according to the order that Intech Automazione srl deems logistically most appropriate and cannot be the subject of any dispute.
Transportation
Intech Automazione srl includes the transport service of the goods with contracted carriers in the Supply; the conditions applicable to the transport service of the Supply are those of the carrier. Therefore, transport costs - unless otherwise expressly agreed - are borne by the Customer. The risks connected with delivery and transport are borne by the Customer; delivery is finalized according to the methods and times indicated in the preceding point. From the moment of completion of the delivery, the Customer assumes the risks relating to the Supply.
Nature and Use of Goods Sold
The products sold/supplied by Intech Automazione srl must be used exclusively for the purposes indicated by the respective original manufacturers; the purchaser must therefore comply with the specifications of the products purchased, as outlined by the manufacturer or supplier. In particular, the Customer undertakes not to use the goods sold, in any way, for military or nuclear applications, for the design and manufacture of weapons of mass destruction, chemical or bacteriological weapons or weapons or components thereof of any kind. The Customer acknowledges that he is informed of the safety regulations relating to the use of the goods subject to the Supply and undertakes to use them in compliance with the regulations.
Returns
Any return of products subject to a Customer's Order and consequent Supply by Intech Automazione srl must be subject to written authorization by Intech Automazione srl, which reserves the right to reject return requests when they are not based on justifiable reasons. The return of the Supply must take place carriage paid to the place indicated by Intech Automazione srl. during the authorization phase, or in any case at the headquarters of the same, with the transport risk borne by the Customer.
Withdrawal
Intech Automazione srl may withdraw from the contract in the cases expressly provided for by law and in the event of a change in the company composition or ownership and expiry of 50 days from the event of force majeure that prevents performance. In the event of termination of the contractual bond, whether it occurs due to withdrawal or termination, Intech Automazione srl acquires the right to have any documents in the possession of the Customer returned, without any obligation to pay compensation or remuneration.
Product Modifications
Intech Automazione srl reserves the right to make modifications to pre-fabricated products subsequently supplied to the Customer, without any obligation of prior notification, provided that such modifications do not entail changes in terms of functionality and intended use of the same. The Customer expressly waives any action against Intech Automazione srl unless he proves that the modifications made have led to a deterioration in terms of functionality, intended use or commercial value of the good. If the Customer wishes to have modifications made to the product subject to the Order, the request must be made in writing and Intech Automazione srl will reserve the right to evaluate the opportunity to carry them out and in this case to modify the agreed price, making it inclusive of expenses incurred and labor costs.
Intellectual Property
Intech Automazione srl reserves the right to make modifications to pre-fabricated products subsequently supplied to the Customer, without any obligation of prior notification, provided that such modifications do not entail changes in terms of functionality and intended use of the same. The Customer expressly waives any action against Intech Automazione srl unless he proves that the modifications made have led to a deterioration in terms of functionality, intended use or commercial value of the good. If the Customer wishes to have modifications made to the product subject to the Order, the request must be made in writing and Intech Automazione srl will reserve the right to evaluate the opportunity to carry them out and in this case to modify the agreed price, making it inclusive of expenses incurred and labor costs.
Liability and Damages
The liability of Intech Automazione srl arising from contract, warranty or any other title will be limited to cases of conduct characterized by proven fraud or gross negligence. Outside of the aforementioned cases of fraud or gross negligence, Intech Automazione srl will not be liable - by way of example and not exhaustively - for direct, indirect or consequential damages; damages for loss of profit or revenue; damages suffered by third parties who claim compensation from the Customer; damages related to loss of profits, turnover or contract.
Force Majeure
Intech Automazione srl. will not be liable in any way for non-performance, delayed performance or failure to perform individual contracts, and the Customer will not be entitled to request termination of the contract and/or compensation for damages, if this is due to causes of force majeure. Force majeure is to be understood as an event that occurs outside the sphere of control and/or competence of the Parties; it includes, by way of example and not exhaustively: war; hostile acts; war operations; use of weapons of war; riots; insurrections; civil wars; chemical or bacteriological warfare; revolution; acts of terrorism or attacks of any kind; confiscation; nationalization; sanctions, blockades; embargo; act of an international, national, or local authority; inability to obtain, or revocation, of import or export and/or marketing licenses; customs restrictions; strike; lockout; interruptions of services; road accidents; shipwreck; epidemics and/or pandemics and/or pestilence; catastrophes or natural events of significant dimensions (earthquake, storm, tsunami, tidal wave, flood, fire); disasters or radioactive contamination; ionizing radiation; damage resulting from the transmutation of the atom; explosives; damage to infrastructure, voltage drops; failure of plants or machinery. Non-compliance with contractual obligations justified by force majeure does not apply to the Customer's obligation to pay the price provided for in the contract. If the performance due by Intech Automazione srl. is subject to a term agreed upon by the Parties as essential, the event of force majeure determines the immediate suspension of the term, which will resume from the conclusion of the event. If the event of force majeure determines the emergence of costs and/or expenses for Intech Automazione srl. connected to the proper execution of the contract, it will be entitled to reimbursement of such costs/expenses by the Customer. In the event that the force majeure event determines a significant increase in the costs necessary for the fulfillment of the contract