1) REGULATIONS GOVERNING THE RELATIONSHIP
These terms apply to all sales agreements concerning items manufactured and/or marketed and sold by Marrone S.r.l..
These terms and every agreement governed thereby are subject to Italian law, as per the uniform international sales law from Vienna’s United Nations Convention on Contracts for the International Sale of Goods in 11.4.80. Any exception thereto shall be clearly indicated by explicit written agreement under penalty of nullity.
Data and illustrations herein are only approximate and Marrone S.r.l. reserves the right to make any change deemed as necessary or useful without notice.
2) SCOPE OF SUPPLY
Quotations by Marrone S.r.l. are not meant as a commitment to supply.
Supplies only include what is expressly indicated in Marrone S.r.l.’s confirmation of sales order.
Marrone S.r.l. keeps ownership and all copy rights of its own technical and sales documents.
The prices given in Marrone S.r.l.’s confirmation of sales order are effective at the very moment of editing and do not include:
Invoices are generally issued by Marrone S.r.l. on the date of shipment at the prices and terms in force that day.
4) TIMES OF DELIVERY
Concerning items not held in stock by Marrone S.r.l., the average order lead times of the appliances ore 15 work days from receiving the order and are in any case generally indicated in Marrone S.r.l.’s confirmation of sales order. The date of delivery is not only approximate, but may not be considered restrictive time of contract for the Buyer and consequently any delay may not authorise the same to demand compensation or to cancel on-going orders. Partial deliveries are allowed.
In case of force majeure, including strikes, failure of production plants or other causes liable to third parties, Marrone S.r.l. reserves the right to reduce the supply quantity, to postpone the time of delivery or rescind the agreement, without this giving the Buyer the right to claim for damages, compensation or satisfaction of any sort.
5) PLACE OF DELIVERY
Ex Marrone S.r.l. works in Fiume Veneto (PN). The terms of delivery used are understood as referring to the INCOTERMS ICC in force at the time of execution of the agreement.
Should the delivery, due to special trade agreements, be established as carriage forward, the goods in any case travel at the full risk of the consignee.
Any loss, damage or delay during transit shall be reported at the moment of delivery. Whenever an immediate control is impossible, the documents accompanying the goods shall be signed adding a reservation.
6) METHOD OF PAYMENT
Payment shall be made in the form and by the due dates stated Marrone S.r.l.’s confirmation of sales order. All charges related to bank commissions, stamps, etc. shall be debited on invoicing. Any payment delay automatically leads to charging default interest at 1.0% rate each month, save any major damages.
In case of payment delay, non-collection of bills or cheques, stopped payments or restricted credit limit due to the client, Marrone S.r.l. can legitimately claim for immediate payment or warranties for the supplied goods, and advanced payment for any future delivery.
7) RETENTION OF OWNERSHIP
All deliveries by Marrone S.r.l. are exclusively carried out as subject to retention of ownership. This right is handed over to the client not before his full paying for all obligations to Marrone S.r.l. (incl. any additional claim). The goods to be delivered under this retention cannot be pledged and their ownership cannot be transferred.
The client can legitimately sell or use the delivered goods within a supply agreement, in turn reserving the right of ownership. This right expires in case of payment delay.
The client must in due course inform Marrone S.r.l. in writing about any pledge or intervention by third parties, so that Marrone S.r.l. is enabled to claim for its own rights.
As a warranty of all commitments, even future, accrued with a business relationship, the client hands over to Marrone S.r.l. all credit rights accruing with the selling or use of any goods delivered under retention.
Marrone S.r.l. is committed to release ownership (upon the client’s demand) according to its own unquestionable decision only.
All costs accumulated to claim and recollect the goods that have been supplied by Marrone S.r.l. under retention of ownership are fully charged to the client. This is also meant for all additional charges borne by Marrone S.r.l. to keep its own right of ownership against third parties and final clients.
Marrone S.r.l.’s products are warrantied against all manufacturing defects for one year as of date of shipment. Knobs, mobile or removable plastic parts, indicator lights, glass ports, external pipes and all and any accessories are excluded from the warranty.
Neither does the warranty cover any parts that are damaged during or caused by transit, improper or incorrect installation, insufficient capacity or malfunctioning of electrical and water systems or gas or steam supply systems, insufficiency of the flue pipes and drains, poor quality fuel, negligence or improper use, tampering or in any case for causes outside Marrone S.r.l.'s control.
During the warranty period Marrone S.r.l. undertakes to replace any piece that is returned by paid carriage to the Marrone S.r.l.’s premises, accompanied by a regular return note stating invoice number and serial number of the appliance to which the component belongs.
Furthermore, the warranty:
With regard to the interpretation hereof, the text in Italian shall be only considered as valid.
Any reference to any Marrone S.r.l. ‘s material whatsoever is understood as referred to the documents in force at the time of the actual reference. Any dispute shall be finally settled in compliance with the Rules of Conciliation and Arbitration of the Curia Mercatorum. The place of the proceedings shall be Pordenone (Italy) and the same shall be held in the Italian language.
By way of exception, however, to the paragraph hereinbefore, should the Buyer have its registered office in Italy or in o member State of the Hague Conventions of 27.9.1968 on the jurisdictional competence and on the recognition of sentences - and its subsequent amendments - the law courts of Pordenone (Italy) shall have exclusive competence.
Marrone S.r.l., however, reserves the right to bring proceedings to the place of jurisdiction for the registered office of the Buyer.