The invoices, orders or offer acceptances and, more generally, all documents signed between us and the buyer involve acceptance by the latter, without reserve, of the general conditions of sale set out below, which are considered as being firmly and finally accepted. No contrary or special wording, hand-written or not, added to any document whatsoever, especially documents supplied by the buyer, even countersigned by us, may be used to oppose them, unless they have been the subject of a special clause accepted by us. The applicable legislation will be that of Italy.
The prices shown on our price lists are communicated for guidance purposes only. They are drawn up in the light of the economic conditions known on the date on which the price list is established. They are stipulated excluding VAT. Invoices are sent out in line with the economic conditions in force and on the day on which the goods are made available, with prior notification.
The orders taken and commitments concluded by our representatives do not become final until they have been confirmed by us. The invoice or order confirmation is sent out in writing from us, after the order has been received from the customer. Whatever type of order confirmation we have sent out, it implies acceptance by the buyer of the prices, our sales and settlement conditions, quantities, types and sizes mentioned by us. If we notify the buyer that we do not own the machinery, but we are merely acting as a broker on behalf of the owner, it is understood and agreed that we shall be entitled to terminate this agreement upon written notice to the buyer if for any reason the machinery becomes unavailable for sale to the buyer. All quotations are made for immediate acceptance and are subject to withdrawal or change by Manassero & C. srl at any time and without notice.
Delivery times are given for guidance purposes only. They may not give rise to any late-delivery penalty unless they are given on the order confirmation sent out by us. In no circumstances can late delivery justify the cancellation of orders. Cases of force majeure give us the right to postpone delivery times or cancel all or part of the contracts in progress. The following are considered to be cases of force majeure: a state of war, strikes, fire, flood and, more generally, any causes that hinder our deliveries.
Goods are generally transported by you. As a service to the customer, we can take care of shipment through forwarders that we have proved to be reliable. The goods travel at the recipients risk and we may not be held liable in any circumstances, even for a carriage-paid delivery. The goods must be received by the customer. The vehicle should be unloaded in due form and as quickly as possible. The customer will pay any unloading costs. After reception, the customer has 24 hours in which to inform us of any problems by registered letter, so that we can question the carriers liability. After reception, the goods should be stored on the premises designated by the buyer, and he is then liable for them. Any invoicing, transport and unloading problems should be settled between the customer and the carrier.
We cannot be held liable for any damage suffered during storage.
Our goods cannot in any circumstances be the subject of a guarantee: they are sold in as is and as inspected conditions. Technical specifications are given to the best of our knowledge based on the available literature, but mistakes or modifications made by previous owners may happen: it is the buyer's responsibility to inspect the machinery and to ascertain that the specifications, descriptions and condition conform to the buyer's requirements.
In the event of a cancellation of an order by the buyer, for whatever reason, we may seek compensation, which may not be less than 20 % of the supplies planned.
Failure to return the invoice or proforma invoice within 1 week implies a final acknowledgement of its validity. Payments must be done according to the timing indicated in our invoice.
The goods will remain our property until the agreed price has been paid in full, and the fact of the buyer going into receivership or having his assets liquidated does not modify these conditions of sale. We will retain any payments already made as cancellation compensation.
Used machinery may not incorporate approved activating mechanisms, operator safety devices or safety guards, as required by CE safety rules or otherwise. It is the buyer's responsibility that said used machinery be so equipped and safe-guarded to meet CE and other requirements before placing such machinery into operation. The buyer acknowledges that it may have to install or change guards, safeties, warnings or other components to insure that the machinery purchased will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Manassero & C. srl may not be in any case held responsible for damage to people or goods, which might occur for not compliance with the above requirement or for removal of safety devices or for incorrect use of machinery. The buyer agrees to defend, indemnify and hold harmless Manassero & C. srl and its employees from and against any and all suits, claims, costs, damages and expenses, including, but not limited to, reasonable attorneys' fees, arising out of, or in connection with, the transportation, purchase, ownership, or use of the purchased machinery. The payment of our invoice means implicit acceptance of these conditions.
Any dispute or contestation should be referred only to the Commercial Court of Torino, Italy. The various methods of payment and the delivery location may not, in any circumstances, create any exemption to this jurisdiction clause.