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responsibility it is both to check the merchandise upon arrival and to make any claim against the freight company by direct approach, even where
merchandise has been dispatched carriage-paid.
8.2. In those cases where Fourgroup S.r.l.'s transport facilities are utilized for shipping merchandise, the latter is to be dispatched, ex-works at best,
with the Buyer duly assuming total responsibility thereof.
9. Claims
9.1. Any claim or contestation on the part of the Buyer with regard to merchandise supplied, must be forwarded in writing to Fourgroup S.r.l. within 8
working days of the date of delivery of the goods and sent to Fourgroup S.r.l.
9.2. In the event of claims for tampering with or shortage of goods, the Buyer shall promptly notify the freight company in writing at the time the
goods are received.
10. Warranty
10.1. Fourgroup S.r.l. guarantees the good operation of the standard Fourgroup S.r.l. products for 12 months from the date of their dispatch. This
warranty period could be extended and become 18 months if the goods have stand in our retailer's warehouses.
10.2. The warranty is limited to repair or replacement of parts at Fourgroup S.r.l.'s unchallengeable discretion, forwarded carriage-paid to an address
specified Fourgroup S.r.l., which show recognizable defects due to defective materials or manufacturing. The parts replaced remain property of
Fourgroup S.r.l..
10.3. The warranty does not cover parts that are subject to natural wear or deterioration (such as, by way of a non-limiting example, seal rings, fuse,
filters, warning light).
10.4. No other compensation of any kind is envisaged by the warranty, neither can there be any question of claims for damages of any kind, direct or
indirect, (including by third parties), even in respect of temporarily suspended use of the merchandise purchased. Examination of such defects and the
causes thereof is to be carried out at one of Fourgroup S.r.l.'s factories, by Fourgroup S.r.l..
10.5 Expenses relating to operations (such as, for example, labour, dismantling, reassembly, transport, board and lodgings) by Fourgroup S.r.l.'s
personnel to outside locations for the purpose, are chargeable to the Buyer, even in case the right to repairs under warranty has been acknowledged.
Fourgroup S.r.l. will be chargeable only for the costs of replaced parts and the time needed to replace them.
10.6. The warranty ceases to be effective for products stored, installed utilized or maintained in a negligent or improper mannner, i.e. not in
accordance to Fourgroup S.r.l.'s instructions, or modified and/or repaired in any way whatsoever, or entirely or partially disassembled
10.7. The warranty also excludes damages and/or defects and/or abnormalities deriving from external components (such as, by way of a non-limiting
example lightnings, atmospheric discharge etc.).
10.8. The warranty mentioned in article 10 replaces and excludes any other form of warranty, even legal.
10.9. The Buyer's entitlement to the warranty mentioned in this article shall be null and void in the case of non-performance of even just one of the
contractual obligations assumed, specifically as regards the conditions of payment.
10.10. Any repairs under warranty and/or not under warranty are to be required in writing by the Buyer to Fourgroup Srl, writing the serial number of
the product, defect claimed, mentioning purchasing document.
10.11. For replaced or repaired parts and for these alone, the warranty period recommences and void the same day of the expiry date of the warranty
of the product or of electrical equipment.
11. Liability
11.1. Should Fourgroup S.r.l. be liable for faulty products, the compensation shall not in any case exceed the purchase price of the same faulty
products.
11.2. Fourgroup S.r.l. shall not in any case be liable for indirect damage such as, for example, loss of clientele, turnover, production, profit, image or
any damage to the Buyer for any action taken against it by third parties.
11.3. Fourgroup S.r.l. shall not in any case be liable when product defects are due, by way of a non-limiting example, to:
a) improper, incorrect or excessive use;
b) improper, incorrect or inadequate maintenance
c) product use that is unusual or contrary to Fourgroup S.r.l.'s warnings or, in any case, different to its intended use;
d) use of product with non-original components;
e) improper conservation
12. Applicable law, jurisdiction and place of jurisdiction
12.1. Any dispute concerning the stipulation, validity, interpretation, execution and termination of this agreement shall be governed by Italian Law
and the court of Padova shall have sole jurisdiction, with the exclusive jurisdiction of the Italian judge, with the explicit exclusion of any other court.
13. Proprietorship of goods. Indemnity
13.1. The property of the goods forming the subject of this sale is of Fourgroup S.r.l. and shall be transferred to the Buyer only upon full payment of
the agreed price by the Buyer pursuant to articles 1523 f. of the Italian Civil Code.
13.2. Non-payment within the established terms of even just one instalment amounting to over one eighth of the sale price or non-payment of two
instalments regardless of the sum of the same, according to the agreed terms, shall automatically invalidate the Buyers' acceleration clause, with
Fourgroup S.r.l. consequently being entitled to full and immediate payment, in a single settlement of the full residual credit.
13.3. Furthermore, when preferred by Fourgroup S.r.l., it shall be entitled to terminate the agreement and consequently obtain immediate return of
the material delivered, withhold as indemnity, all the installments paid and demand payment of the instalments expired and 3/5 (three fifths) of those
yet to expire, without prejudice to compensation for further damage.
14. Form of the agreement
14.1. This agreement represents the only negotiation instrument governing relations between the Parties.
14.2. Any agreements to derogate, amend and/or supplement these General Conditions of Sale shall be stipulated and proven in writing.
14.3. The Buyer hereby agrees to have received and carefully examined the technical documentation provided by Fourgroup S.r.l., drawn up in Italian
and English, regarding the material acquired.
15. Invalid clauses
15.1. The Parties hereby explicitly agree that the invalidity of one or more provisions of this agreement shall not affect the validity of the agreement
as a whole.
The Buyer
Pursuant to article 1341, subsection 2 of the Italian Civil Code, the Parties hereby declare to have negotiated, carefully read and consequently to
unconditionally approve the following clauses of these General Conditions of Sale:
1. exclusion of Fourgroup S.r.l.'s responsibility in the preparation of catalogues;
2. conclusion of the agreement;
3. exoneration from responsibility for late delivery; Fourgroup S.r.l.'s right to suspend delivery; Buyer's renunciation of termination of contract and
damage compensation for delay in performance by Fourgroup S.r.l.;
4. solution for suspension or cancellation of orders;
5. renunciation to suspend or delay payment; penalty clause;
6. term for complaints and expiry;
7. warranty: discipline and limitations;
8. applicable law, jurisdiction, and place of jurisdiction;
9. proprietorship and indemnity;
The Buyer
Please note that the above mentioned General Conditions of Sale can be consulted on and downloaded from our website www.fourgroup.it
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