General terms of sale
The general terms of sale given below shall be considered valid and accepted irrespective of the specific conditions and clauses in the customer’s order, unless otherwise specified by us in writing.
Price and payment terms
1. Except in the case of particular arrangements, our price lists are purely indicative and can be modified to bring them in line with any increases in labour costs, raw materials and other cost elements that could occur after the contract has been stipulated and up to the date of shipment of the goods.
2. The prices given are net of VAT, packaging and shipping expenses and all other charges, including taxes, that are not expressly chargeable to Aerservice Equipments Srl by contract or law.
3. Payment conditions are stated in the order confirmation.
4. All payments shall be made by the customer to Aerservice Equipments’s current and future office, against the issue of the invoice or similar document. The issuance of a bank receipt or I.O.U.’s will in no way modify the place of payment which shall always be Aerservice Equipments Srl’s office
5.Any delay in payment shall give Aerservice Equipments Srl the right to charge interest at the conventional rate, equal to the highest “Prime Rate” applied on the day payment was due by the Banks of regional interest (BIN), increased 5%. In such a case, Aerservice Equipments Srl also has the right to recede from the contract without any damages, simply notifying the other party by means of a registered letter or CEM certified e-mail and the receiving party is obliged to return immediately the products already delivered.
6. Compensations are forbidden. Any deferred payments cannot be delayed or postponed, even in the case of disputes, complaints or delays by Aerservice Equipments Srl.
7. Aerservice Equipments Srl has the right to suspend and/or cancel the pending orders if there are any doubts about the purchaser’s solvency, except if the delivery is paid for in advance or if suitable guarantees are given.
8. Unless otherwise agreed, delivery will be performed Ex Works Aerservice Equipments Srl, excluding packaging. Even in the case of deliveries free destination, the delivery shall be considered as having taken place at Aerservice Equipments Srl
9. The goods always travel at the risk and peril of the customer.
10. Delivery is considered concluded the day after notification is given that the goods are ready for shipping.
11. The delivery terms are only indicative and never binding. Aerservice Equipments Srl can postpone delivery without it being a cause to cancel the contract or a reason to ask for damages.
12. We reserve the right to deliver the orders received with partial shipments and to issue an invoice for each delivery.
13. Aerservice Equipments Srl, due to force majeure including strikes, failures of the production plants and other causes attributable to third parties, has the right to reduce the supply quantities, defer the delivery date or cancel the contracts without it giving the customer any right to ask for damages.
Complaints and guarantees
14. The customer must check that the goods are conform to the order within 7 days from delivery. After such a term, no complaint can be made for non-conform goods.
15. All complaints concerning delivered and sold products must be sent to Aerservice Equipments Srl in writing within eight days from delivery (by means of a registered letter with return receipt or CEM certified e-mail) otherwise the guarantee will no longer be considered valid. Complaints can in no way justify payment delays or non-payments. Shortages and defects must be reported to the carrier at the time of delivery.
16.It is expressly agreed that the guarantee given by Aerservice Equipments Srl is for the repair of the product supplied or for its replacement, and as such shall substitute, to all effects, guarantees established by the law which are expressly excluded together with any rights of contract cancellation, claims for damages or reductions in price.
17. Aerservice Equipments Srl guarantees its products against manufacturing defects for a period of 12 months from the date of delivery. The guarantee is limited to the replacement or repair of the products resulting faulty at origin; the cost of labour, travelling and accommodation expenses for any technical staff that may be called out shall be charged to the customer. Parts to be repaired or replaced shall be sent carriage free to Aerservice Equipments Srl. Upon our technical staff’s analysis, the parts repaired and spare parts shall be delivered to the customer on carriage payable account.
18. Aerservice Equipments Srl reserves the right to modify the technical and dimensional data without prior notice
19. Any disputes that may arise in connection with this contract shall be settled exclusively by the court of Padua.