Each single supply contract will be exclusively excuted under the hereiunder terms that shall prevail over any other condition which is either incompatible or in conflict with them. Any subsequent change to these conditions, must be accepted in writing by Eliche Radice S.p.A.
Delivery.The shipping date indicated in the official Eliche Radice S.p.A. order confirmation, is calculated, in working days, and is to be considered interrupted in case of circumstances beyond one’s control (strikes, natural calamity, blackouts, breakdown of plants, etc.). Whenever the goods are not collected or shipped upon the established date, as a consequence of the customer’s responsability, storage charges may be made. Unless otherwise specified, the delivery term must always be considered FCA Cinisello B. (Incotherms 2010).
Product characteristics. The products named in the supply contract and described in the official Eliche Radice S.p.A. order confirmation, can be defined on the basis of measurements or surveys or data supplied by the customer. This data, together with the methodology used to establish it, can influence the construction characteristics and the performances of the products. Whenever it can be proved that this data doesen’t conform to the reality, the responsibility for the product characteristics and for its performances, will be solely the customer’s.
Guarantee. With regard to the products subject to the supply contract, according to the regulations of Italian Law, Eliche Radice shall guarantee the absence of defects with regard to both its own processing as well as the materials used. Any claim and request for guarantee it must be made in writing and it must contain the most possible detailed description of the anomalies encountered. Eliche Radice S.p.A. must be also given the possibility to examine the product whichis presumed to be defective and to carry out non-destructive tests on it. Any possible cost incurred for the transport of the product which is presumed defective, to Eliche Radice S.p.A. factory or to another defined place, must be borne by the customer. If for any reason, for the definition of the guarantee purpose, it becomes necessary to transfer Eliche Radice S.p.A. employees, all related costs will be borne by the customer.
Contents of guarantee. Once a manufacturing defect has been established, Eliche Radice S.p.A. shall carry out repairs or a replacement, together with the transport of repaired or replaced product at its own expense, to the place of origin from where the defected product arrives. In addition to this, Eliche Radice S.p.A. shall reimburse the transport costs of the defected product to its factory and the transfer expenses of its personnel, if any. Any other service, responsibility or claim for direct or indirect damages, is excluded. If the product defect has been caused by improper use of the product, inadequate maintenance or improper repairs, the guarantee request cannot be accepted under any circumstance.