GENERAL SALES CONDITIONS - BUROCCO · Every product is tested according to the current standards...

2
BUROCCO INDUSTRIAL VALVES srl VIA NOVEIS, 33 13867 PRAY (BI) - ITALY [email protected] www.burocco.it Tel.: +39 015 76.72.78 Fax: +39 015 76.71.36 Burocco reserves the right to make improvements without prior notice 01/13 15/16 GENERAL SALES CONDITIONS 1. INFORMATION DATA Data, information, and illustrations found in the catalogue are intended to represent the various types of products but are not binding. BUROCCO INDUSTRIAL VALVES S.r.l. reserves the right to make any modifications and improvements, based on experience, without prior notice. Overall dimensions and weights are purely indicative and not binding. Gauges, diame- ters, and drilling of the flanges comply with EN or ANSI standards 2. ORDER BUROCCO INDUSTRIAL VALVES S.r.l. reserves the right to reject the order if the conditions contained therein are different from those agreed and/or indicated in the offer. The order becomes binding only after being accepted by BUROCCO IN- DUSTRIAL VALVES S.r.l. with written confirmation. If this is not received within 1 day, the order will be deemed to be ac- cepted in full. Any clause or condition made by the customer in the request or order is not valid and not applicable (even partially) if not accepted in writing . 3. SPECIAL PRODUCTS Once the order has been confirmed, cancellations of orders of special items and/or standard products modified upon specific request of the customer will not be accepted . 4. ACCEPTANCE The purchaser declares to have verified the suitability of the product in relation to its intended use assuming all risks and liability resulting from its improper use . 5. TESTS Every product is tested according to the current standards (UNI-EN 1349, UNI-EN 12266-1:2003, ANSI B16.34 ). 6. DOCUMENTATION The documentation must be requested at the time of ordering; declarations of conformity, technical sheets, use and maintenance manuals, certifications of conformity 97/23/EC according to P.E.D. directive, certifications of conformity 94/9/EC according to ATEX directive, and test reports according to UNI EN 10204 2.2 will be supplied free of charge. Test reports according to UNI EN 10204 3.1 or any other specific document will be charged at cost. 7. DELIVERIES Deliveries will be made according to the current availability, considering production and construction requirements and in compliance with the terms agreed (according to INCOTERMS 2010). In the event of delayed delivery, the customer is not entitled to cancel the order if the delay is due to force majeure causes or postponements not attributable to BUROCCO INDUSTRIAL VALVES S.r.l. However, delays will be communicated accordingly. 8. PENALTIES Penalties are valid only if expressly accepted in writing by BUROCCO INDUSTRIAL VALVES S.r.l. and include any damage caused by delay in delivery. 9. PACKAGING Standard packaging is included in the price. Special packaging, crates or with special protective enclosures are non- returnable and will be invoiced at cost, unless otherwise agreed. 10. TRANSPORT Even if sold carriage free, the goods travel at the risk of the purchaser. In the event the order does not specify the ship- ment terms, BUROCCO INDUSTRIAL VALVES S.r.l. will act according to its experience (prior approval of the customer) with- out assuming any liability. 149

Transcript of GENERAL SALES CONDITIONS - BUROCCO · Every product is tested according to the current standards...

Page 1: GENERAL SALES CONDITIONS - BUROCCO · Every product is tested according to the current standards (UNI-EN 1349, UNI-EN 12266-1:2003, ANSI B16.34 ). 6. DOCUMENTATION . The documentation

BU

RO

CC

O IN

DU

STRIA

L VA

LVES srl V

IA N

OV

EIS, 33

– 13

86

7 P

RA

Y (BI) - ITA

LY b

uro

cco@

bu

rocco

.it —w

ww

.bu

rocco

.it Tel.: +3

9 0

15

76

.72

.78

—Fax: +3

9 0

15

76

.71

.36

Burocco reserves the right to make improvements without prior notice 01/13

15/16

GENERAL SALES CONDITIONS

1. INFORMATION DATA

Data, information, and illustrations found in the catalogue are intended to represent the various types of products but are not binding. BUROCCO INDUSTRIAL VALVES S.r.l. reserves the right to make any modifications and improvements, based on experience, without prior notice. Overall dimensions and weights are purely indicative and not binding. Gauges, diame-ters, and drilling of the flanges comply with EN or ANSI standards

2. ORDER

BUROCCO INDUSTRIAL VALVES S.r.l. reserves the right to reject the order if the conditions contained therein are different from those agreed and/or indicated in the offer. The order becomes binding only after being accepted by BUROCCO IN-DUSTRIAL VALVES S.r.l. with written confirmation. If this is not received within 1 day, the order will be deemed to be ac-cepted in full. Any clause or condition made by the customer in the request or order is not valid and not applicable (even partially) if not accepted in writing . 3. SPECIAL PRODUCTS

Once the order has been confirmed, cancellations of orders of special items and/or standard products modified upon specific request of the customer will not be accepted . 4. ACCEPTANCE

The purchaser declares to have verified the suitability of the product in relation to its intended use assuming all risks and liability resulting from its improper use . 5. TESTS

Every product is tested according to the current standards (UNI-EN 1349, UNI-EN 12266-1:2003, ANSI B16.34 ). 6. DOCUMENTATION

The documentation must be requested at the time of ordering; declarations of conformity, technical sheets, use and maintenance manuals, certifications of conformity 97/23/EC according to P.E.D. directive, certifications of conformity 94/9/EC according to ATEX directive, and test reports according to UNI EN 10204 2.2 will be supplied free of charge. Test reports according to UNI EN 10204 3.1 or any other specific document will be charged at cost. 7. DELIVERIES

Deliveries will be made according to the current availability, considering production and construction requirements and in compliance with the terms agreed (according to INCOTERMS 2010). In the event of delayed delivery, the customer is not entitled to cancel the order if the delay is due to force majeure causes or postponements not attributable to BUROCCO INDUSTRIAL VALVES S.r.l. However, delays will be communicated accordingly. 8. PENALTIES

Penalties are valid only if expressly accepted in writing by BUROCCO INDUSTRIAL VALVES S.r.l. and include any damage caused by delay in delivery. 9. PACKAGING

Standard packaging is included in the price. Special packaging, crates or with special protective enclosures are non-returnable and will be invoiced at cost, unless otherwise agreed. 10. TRANSPORT

Even if sold carriage free, the goods travel at the risk of the purchaser. In the event the order does not specify the ship-ment terms, BUROCCO INDUSTRIAL VALVES S.r.l. will act according to its experience (prior approval of the customer) with-out assuming any liability.

149

Page 2: GENERAL SALES CONDITIONS - BUROCCO · Every product is tested according to the current standards (UNI-EN 1349, UNI-EN 12266-1:2003, ANSI B16.34 ). 6. DOCUMENTATION . The documentation

BU

RO

CC

O IN

DU

STRIA

L VA

LVES srl V

IA N

OV

EIS, 33

– 13

86

7 P

RA

Y (BI) - ITA

LY b

uro

cco@

bu

rocco

.it —w

ww

.bu

rocco

.it Tel.: +3

9 0

15

76

.72

.78

—Fax: +3

9 0

15

76

.71

.36

Burocco reserves the right to make improvements without prior notice 01/13

16/16

11. ITEMS RETURNED BY THE CUSTOMER

Any material returned must be previously required in writing and authorised. Nevertheless, BUROCCO INDUSTRIAL VALVES S.r.l. reserves the right to accept or reject the returned material in the event this is damaged, non-compliant with the appearance or evidently tampered with. In any case, the material to be returned cannot refer to supplies made four months prior to the date of the return request. Returns of customised products will not be accepted. 12. REPAIRS/MAINTENANCE

Goods dispatched for REPAIRS/MAINTENANCE must be requested in written and authorised. The sent form must be then filled up in every single part, as for the RECLAMATION of the material, and authorised. Nevertheless, BUROCCO INDUS-TRIAL VALVES S.r.l. reserves the right to accept or reject the returned material in the event this is not duly reclaimed and non-compliant with the appearance. 13. PAYMENTS

Payments must be addressed to BUROCCO INDUSTRIAL VALVES S.r.l., operational headquarters in Pray (BI). In compliance with Italian L. Decree n. 192 dated 09/11/2012 relating to action to combat delays in payment in commercial transactions, We inform you that for all shipments made from 01/01/2013, the payment terms will expire within maximum "60 dd in-voice date end of month", unless otherwise agreed between the parties in writing. Moreover, the new directive sets forth that once the payment term has expired, default interests are automatically triggered, which correspond to the interest rate applied by the ECB increased by 8 percentage points (ECB rate +8%), late payment interest is automatically triggered, corresponding to the interest rate applied by the European Central Bank increased by 8 percentage points (ECB+8%), in addition to the minimum amount of € 40.00 by way of compensation for damages, without prejudice to the possibility of charging further damages for service costs (legal expenses) for recovery of the debt and bank costs. 14. WARRANTY - LIABILITY

BUROCCO INDUSTRIAL VALVES S.r.l. guarantees that the products supplied are free from defects in materials (other than hidden defects), construction and operation for a duration of 24 months from the date of supply (in compliance with art. 1519, sec. II, chapter I, title III, book IV C.C. and subsequent European Directive 1999/44/EC). No delay in installation can justify requests for extensions of the warranty, unless previously agreed . The warranty does not include any liability for any damage caused to persons and/or property, nor any damage caused by incorrect installation of the product due to negligence, failure to comply with the rules and limits of operation or inappropriate conditions of transport and/or stor-age. Any claims must be notified in writing within eight days from the receipt of the goods, stating the type of defect f o u n d ; c l a i m s c a n n o t i n t e r r u p t t h e e s t a b l i s h e d t e r m s o f p a y m e n t . No claim can be considered if the customer has not complied with its contractual obligations or the product shows evi-dent signs of tampering or faults due to improper installation or operation, or to use (even if only occasional) in operating conditions exceeding the values indicated for each product. In the event the product is intended for food use or use with dangerous fluids (explosive, flammable, toxic and oxidant), it is necessary to contact the manufacturer before use. BU-ROCCO INDUSTRIAL VALVES S.r.l.'s liability shall be limited solely to replacing any parts found with construction faults attributable to the manufacturer, following return of the parts carriage paid. No claim for damages attributable to these items will be recognised. This warranty replaces any other warranty requested by the customer. The standard paint ap-plied by BUROCCO INDUSTRIAL VALVES S.r.l. on the product has the sole purpose of protecting the valves during trans-port and the storage period with a maximum duration of 12 months from the date of delivery. No guarantee is given for the suitability and durability of this paintwork in specific conditions of use (temperature, humidity etc.). In all cases, the paintwork, even if done according to the customer's specifications, is considered a wearing part and its durability is, there-fore, not guaranteed. 15. RESERVATION OF TITLE

Pursuant to Article 4 of European Directive 2000/35 CE, all goods supplied by BUROCCO INDUSTRIAL VALVES S.r.l. shall remain the exclusive property thereof until complete payment of the amount due. In case of default in whole or in part, BUROCCO INDUSTRIAL VALVES S.r.l. may claim ownership wherever the goods may be, even if incorporated in goods that are the property of the purchaser or of third parties. 16. DISPUTES

For any dispute or disagreement concerning the conditions of sale, in derogation of the provisions of Book I, Section III of the Italian Civil Procedure Code, any competing jurisdiction is excluded and the Court of Biella shall be deemed to have sole competence. For anything that is not expressly agreed between the parties, current Italian legislation shall apply, together with the customary practices of the engineering industry recognised by the Chamber of Commerce of Biella. Any other dispute concerning or connected with an international sale contract, including those relating to its interpretation, validity, execution and termination, shall be subject to formal arbitration, according to the ordinary or fast arbitration procedure (depending on the value), in compliance with the Regulations of the International Arbitration Chamber of Mi-lan. The language of arbitration shall be Italian.

150