1. The sale of the machine/s covered by this order confirmation is governed by the following conditions, individually agreed upon and fully accepted by both parties.
  2. The contract is considered finalized when, upon receipt of an order, the supplier/seller has sent written confirmation within 10 days.
  3. The sale is made with the reservation of ownership in favor of the seller in accordance with Articles 1523 and following of the Civil Code, and the buyer will acquire ownership of the machine and all other items listed in the offer upon payment of the final installment.
  4. The machine in question, as well as the documentation related to the sale, will be made available to the buyer within the agreed-upon timeframe at the supplier’s production site. Delivery times, while agreed upon with the customer, are indicative and non-binding for the supplier. In the event of force majeure (including but not limited to strikes, transportation disruptions, customs prohibitions, etc.) or fortuitous events, or other circumstances such as the lack of documents or necessary information for contract execution, or any event that makes performance impossible, the supplier will be granted the possibility to extend the delivery time for a period corresponding to the duration of the event, without entitling the buyer to any damages.
  5. Transportation expenses, unless expressly and differently agreed upon, are the responsibility of the buyer. The costs of special and non-standard packaging are not included in the agreed-upon machine sale price and will be subject to separate invoicing.
  6. Installation, foundations, masonry, electrical and hydraulic works, as well as any preparatory and ancillary work for assembly, are to be carried out by the buyer at their own expense. If the buyer requests the supplier’s intervention for machine installation and commissioning, the cost of the service will be borne by the buyer, unless otherwise agreed upon.
  7. The tests carried out by the seller at their own facility are considered accepted by the buyer. In any case, the machine will be deemed accepted without reservations or exceptions after the functionality test or the test conducted after its installation.
  8. The buyer agrees to communicate the address of the location where the machine will be stored and used. It is the buyer’s obligation to immediately notify the seller of any relocation, which cannot occur without the explicit consent of the latter.
  9. Upon delivery of the machine and all other specified items, all risks will be assumed by the buyer. Therefore, in the event of theft, damage, fire, or any other event that may compromise the use of the machine, the buyer will be required to pay the seller the amount due up to that moment, without any exception to the contrary.
  10. The buyer is also obligated to insure the machine against the aforementioned risks, to make proper use of the machine and other accessory materials, not to sell, transfer, rent, or remove it without the prior written authorization of the seller from the location where it will be placed and used. The buyer is also prohibited from selling, donating, exchanging, alienating, pledging, or in any other way altering or encumbering the machine until full payment of the price.
  11. The buyer must maintain the machine in perfect working condition, and the seller reserves the right to have the machine inspected at any time by a trusted person.
  12. The buyer assumes all risks and hazards, including those due to fortuitous events or force majeure, and undertakes to immediately notify the seller of any precautionary or enforcement actions taken by third parties, as well as any removal or relocation of the items to other locations.
  13. Payments, unless otherwise agreed upon, must be made at the seller’s premises. The effectiveness of payments made to different parties and locations is subject to the prior authorization of the seller.
  14. The buyer cannot suspend payments in any way and for any reason, even in the event of disputes between the parties or the activation of any warranties provided. The buyer who delays or suspends payments will be considered in default for all legal purposes and will forfeit any action and/or claim regarding the purchased goods. For amounts not paid by the agreed-upon deadlines, default interest will be applied based on Legislative Decree 231/2002.
  15. In the event of non-payment of two or more installments, even if not consecutive, exceeding one-eighth of the total price due at that time, this sales contract will be automatically terminated, without the need for a court decision. In such a case and in any case of non-compliance, the seller will have the right to regain possession of the machine and all other items listed below. The collected installments, net of compensation for machinery usage, will remain vested in the seller as compensation up to the limit of damages incurred (interest on installments, testing and assistance expenses, bill stamps, machinery depreciation, loss of profit, and any other expenses related to the supply), except for any excess. The seller also retains the right to obtain, in the event of a single breach or if they choose not to enforce the express resolution clause, payment of the entire remaining amount due up to that moment.
  16. The seller guarantees their free right and full ownership and availability of the machine in question; they also guarantee that it is free from burdens and encumbrances.
  17. The warranty for the new machine is twelve months from delivery. The effectiveness of the warranty is subject to the buyer’s timely reporting of direct defects and faults within eight days from their discovery and is limited to free replacement, free at the supplier’s premises, of any parts found to be unusable due to verified material or workmanship defects, with the buyer bearing all assembly and shipping costs. Replacements and repairs must be carried out by technicians appointed by the seller, and these services will be invoiced with a 10% discount on the attached rates. The buyer waives the right to claim damages and expenses, including those arising from the non-use of the machine for any reason. The warranty is excluded if it is determined that the malfunction is caused by improper use of the machine, incorrect connections, modifications and repairs made by the buyer, the use of unsuitable lubricants, or the failure to perform regular maintenance. Any compensation for damages to persons and property (including treated goods) resulting from the operation of the machine and supplied equipment is also excluded. The warranty does not apply to qualified second-hand or used machines, for which the seller disclaims any responsibility, unless otherwise agreed upon. The warranty will be effective only as long as the buyer suspends the use of the machine where a defect and/or fault is detected.
  18. The parties expressly agree to the exclusive jurisdiction of the court of Ravenna for any dispute related to, connected to, and arising from this contract, including specifically the return of the machine and other items sold.
  19. The costs of registration and, where necessary, an authentic transcript of the signatures of this document are borne by the buyer.
  20. For matters not provided for in this contract, Articles 1523 and following of the Civil Code apply.