GENERAL CONDITIONS OF SALE OF BASSI S.r.l.
1. VALIDITY AND RIGHT OF MODIFICATION
All contracts concluded between BASSI S.r.l. (“SUPPLIER”) and the buyer, whether reseller or final customer (“BUYER”), having as object the supply of the supplier’s products (“PRODUCTS”) will be governed by these General Conditions of Sale. The Buyer-Consumer acknowledges to the supplier the power to propose changes and/or variations to these General Conditions of Sale, attaching such changes and variations to the offers any written correspondence sent to the Buyer-Consumer who, in the absence of his express disagreement with modifications-variations to be expressed within seven days of receipt by registered letter with acknowledgment of receipt, declares that the modifications-variations are accepted.
2. TERMS OF PAYMENT
The Buyer-Consumer acknowledges that, unless otherwise agreed in writing between the parties, the following terms and conditions of payment will apply:
2.1 the payment of the price indicated in the invoice must be made under the conditions indicated in the invoice itself;
2.2 if the Buyer-Consumer does not make the payment within the deadline indicated in the previous point;
2.1. That is, within the different term possibly agreed in writing between the parties, or is in a situation of insolvency or is subjected to some insolvency procedure, acknowledges the Supplier the right to suspend or cancel further deliveries as well as acknowledges the Supplier to apply art. 1186 of the Italian Civil Code and, in the case of deferred payments, to declare the Buyer-Consumer forfeited from the benefit of the term and request the entire consideration;
2.3 in addition to the other remedies permitted by applicable law or by these General Conditions, the parties agree that the interest on late payments starting from the date on which the right to payment is accrued will be automatically applied at the rate provided for by Legislative Decree 231 of October 9, 2002, published every six months, subject to compensation for greater damage in compliance with the aforementioned Decree. However, in express derogation of art. 4 of the D.L. 231 of 9 October 2002, default interest to the extent indicated may not be applied only following a written communication from the Supplier.
3. CONDITIONS OF DELIVERY
Unless otherwise agreed in writing between the parties, the supply of the Products is understood to be agreed EXW (Incoterms 2010), Grisignano di Zocco plant, Vicenza.
4. RESERVE OF OWNERSHIP
The Buyer-Consumer acknowledges that the ownership of the Products does not transfer to the Buyer-Consumer himself until the price for these Products has been fully paid. The Purchaser-Consumer who, at the request of the Supplier, does not pay the sale price or does not return the unsold goods, acknowledges that, in addition to civil action, he is liable to report the crime to the Criminal Judicial Authority for embezzlement. The Buyer-Consumer, by signing the general conditions of the contract, expressly acknowledges that in the case of delivery of the Products by way of non-transferring ownership and therefore without real effectiveness (eg. Estimation contract, loan for use or “for pompam”, consignment supply) the Products remain the property of the Supplier and the Supplier may request immediate return “ad nutum” for its own unquestionable business needs. Likewise, the Buyer-Consumer acknowledges that it assumes the obligations and risks of the custodian of the goods from the time of delivery; the refusal or unjustified delay in delivery integrates the constituent elements, as well as the civil offense, of the criminal case, referred to in art. 646 c.p. (embezzlement). Pursuant to art. 11 of Legislative Decree 9.10.2002 n. 231, in the case of sale in installments with retention of title, the contracting Buyer-Consumer undertakes to sign a copy of each of the supply invoices subsequent to the first bearing the words “sale in installments with retention of title pursuant to Article 1523 of the Italian Civil Code. and to send a copy by registered letter to the Supplier (which, for its part, will provide for the same incumbent).
5.ACCEPTANCE OF ORDERS
5.1 Orders must be received only in writing with attached the above general conditions of sale duly signed and will be considered tacitly accepted by the supplier if they are not rejected by the latter with written notice within 45 days from the date of signing (for brevity “term” ) ..
5.2 Pursuant to and by the effect of art. 1,329 paragraph 1 of the Civil Code, the buyer undertakes to keep the order firm until the expiry of the term.
5.3 Catalogs, price lists and other promotional material including the so-called online advertising are only an indication of the type of products and prices and the information indicated therein is not