General sales conditions
The following general terms and conditions govern all contracts between TECNICA TRE S.R.L., with its registered office in Via L.Perosi, 56 36022 CASSOLA (VI) – VAT CODE IT02523320246, and the Buyer. All these conditions will be apply although contrasting sales conditions, additional or contrary, contained in any purchase order or other written comunication from the Buyer and addressed to TECNICA TRE S.R.L. These conditions replace all previous General Conditions of Sale and the invalidity of a single clause of these conditions will not result in the invalidity of the remaining clauses or of these General Conditions as a whole. Any exceptions to these General Conditions must necessarily be confirmed in writing by TECNICA TRE S.R.L.
The sending of the order implies full knowledge and full acceptance of all the subsequent Conditions. All orders must be received in writing by e-mail or web (for those who own the B2B profile) and are valid only after a written order confirmation sent by TECNICA TRE S.R.L. to the Buyer. The sending of the order by the Buyer does not in any way commit the TECNICA TRE S.R.L. even partial delivery of the order. TECNICA TRE S.R.L. also reserves the right to ask for further clarifications before accepting the order or rejecting it.
3. PRICES AND PAYMENT
Prices do not include VAT and those contained in the last price list sent are valid unless otherwise communicated by order confirmation. The methods and terms of payment are those indicated in the order confirmation or invoice and are binding for the Buyer. Under no circumstances the Buyer can suspend, delay or reduce the payment. In case of non-payment or partial balance, the Buyer will be considered in default without the need of formal notice and the legal interest for late payment will be applicable pursuant to articles 2 letter e), 4 and 5 of Legislative Decree no. 231 of 09/10/2002. TECNICA TRE S.R.L. furthermore has the right of ownership of the goods until all the amounts relating to the price of the goods and of the additional costs are fully paid. Our Company finally may suspend the execution of orders if the Buyer has not regularly fulfilled the expired payments. Any advance payments received will be retained by TECNICA TRE S.R.L. as compensation in the case of termination of the contract for non-fulfillment of the Buyer.
4. DELIVERY, SHIPMENTS AND TRANSPORT COSTS
The Buyer acknowledges and accepts that the delivery dates indicated in the order are indicative, non-binding and are intended for unforeseen circumstances and force majeure. In the event that the delivery becomes impossible or particularly burdensome, TECNIA TRE S.R.L. reserves the right to cancel the order without the Buyer being able to make a claim for damages. Furthermore, the delivery date indicated at the time of order confirmation refers to the moment of readiness of the goods for collection at our warehouse. If the Buyer needs specific delivery terms, these must be previously agreed with our Sales Department and must be expressly confirmed in writing in the order confirmation. Our Company, where not specified, will send the material through its own couriers agreed with costs then charged on the invoice. The goods travel in any case at the risk of the customer (FCA Bassano del Grappa as required by the Incoterms 2010).
Transport costs are charged in the case of shipments free of charge with our agreed courier.
5. SHIPPING MINIMUM
Orders with goods of less than €50.00 will be taken over but will not be shipped until any additions are made to reach the amount indicated above. This policy applies to both new and residual orders. For the last case, therefore, the total amount of the order does not count.
The cost of 3.1 certificates provided by us is € 3,00 for each delivery note unless otherwise indicated in our order confirmation. The certificate of the manufacturer instead, if available and requested in advance during the order, has a cost of € 3.00 per position. For the latter, please note that it is possible to request them only and exclusively for forged flanges and seamless fittings.
7. DISPUTES AND RETURN OF GOODS
Any disputes due to irregularities or shortages will be accepted no later than 8 days from the receipt of goods. These disputes do not entitle the Buyer to suspend or delay payment in the terms indicated. Furthermore it will not be accepted any returns of merchandise unless previously agreed with our Management, that will charge 20% of the amount of the returned goods as reimbursment of management and storage costs, unless otherwise specified in the authorization of return. It should be noted that, even in the presence of different agreements with the customer, the returns of goods cannot, in any case, exceed 120 days after the delivery.
8. PACKAGE COSTS
In the invoice our Company will charge € 18,00 for each case and € 12,00 for each pallet used. In case of use of fumigated pallets the cost is €25.00 each. In the case of a fumigated case €30.00.
9. MANAGEMENT EXPENSES (minimum order and minimum billable amount)
The minimum amount for each order is €100,00; in case of orders with smaller amounts our Company will charge €10,00 as operating costs. The minimum billable amount is €100,00 (considered as the cost of goods only, excluding VAT, packaging, transport and similar costs); in case of invoices with smaller amounts we will charge € 15,00 as operating costs. For this last cost it is possible to request the advance payment in order to avoid the charge for the administration costs related to the minimum billable.
10. AUGUST AND DECEMBER PAYMENTS
All invoice deadlines on August 31st and December 31st will be automatically moved to the 10th of the following month.
11. EXTRAORDINARY EVENTS
TECNICA TRE S.R.L will not be responsible and cannot be considered in breach of its contractual obligations, if the fulfillment of these obligations is delayed or prevented, directly or indirectly, by an Extraordinary Event, Force Majeure.
An Extraordinary Event of Force Majeure means any event which is beyond the reasonable control of the Buyer or the Seller and is not attributable to their fault or negligence.
By way of example but not limited to, the following will be considered, in any case, beyond the reasonable control of the seller: 1) Extraordinary, unpredictable and unavoidable events, due to natural causes, explosions, floods, fires, storms or accidents; 2) War or threat of war, sabotage, insurrection, civil wars; 3) Acts, regulations, decrees of law, limitations, prohibitions or measures of any kind by governmental, parliamentary or local authorities, or any other person who may act under the apparent authority of any of the aforementioned entities; 4) Imports or exports or embargoes; refusal or blockage by any governmental authority from issuing any licence or authorization for export and import; 5) Strikes or other industrial actions or trade union disputes (which involve personnel of the Seller or of third parties).
12. PLACE OF LAW JURISDICTION, LANGUAGE AND LAW
For any controversy the only competent is the place of law in Vicenza, Italy. Any translations of these conditions are to be understood as mere courtesy and do not exceed the Italian version. Finally, for anything not provided for in these conditions, the sales relationship between TECNICA TRE S.R.L. and the Buyer are governed by Italian law.
13. OTHER INFORMATION
All the casted flanges ASTM A351 are suitable only for ordinar uses and not for mechanical machining. The flanges with reduced thickness don't fulfit the requirements of the standard with reference to the rating pressures PN 6 / PN 10 / PN 16.The lenght of SMLS pipes is variable between 5.2 mt and 5.8 mt.