CONDITIONS OF SALE
General conditions of sale and delivery
The buyer agrees that our terms of sale and delivery constitute the basis of present and future contracts. Exceptions to these conditions, in particular the acceptance of the client’s purchase conditions, will require our express written confirmation.
Our offers are not binding. Information relating to our specifications and technical and informational material shall not be considered binding unless otherwise agreed in writing. All orders must be received in writing and be accepted by GOMMUS by written ORDER CONFIRMATION. The client must be in receipt of an order confirmation for the acquired order to be considered accepted.
- Prices/Payment Terms
The sales prices will be those indicated in the order confirmation or, failing this, in our offer, irrespective of what may be indicated by the client in the purchase order. The same applies to our payment terms.
Unless otherwise agreed in writing, partial deliveries and shipment shall be accepted. The delivery time indicated shall be regarded as purely indicative and not binding. In the event that the buyer is in arrears with payments, or solvency is at risk, Gommus shall be entitled to suspend subsequent deliveries or to terminate the contract with immediate effect, communicating activation of the acceleration clause pursuant to art.1186 cc. The buyer may not claim compensation or terminate the agreement due to late delivery. In the event of a delay attributable to GOMMUS, the maximum limit of compensation shall not exceed 10% of the value of the delivery in question.
All information regarding the suitability, processing and use of products sold, technical advice and other information is provided to the best of GOMMUS’ knowledge and does not exclude the buyer from the responsibility of performing their own controls and tests. The buyer shall examine the goods delivered for any evidence of quality defects as soon as practicable and before putting them into production. In all instances, complaints will be accepted only when submitted in writing and supported by proof within eight days of receipt of the goods; hidden defects should be reported immediately following their discovery, and at the latest within three months following receipt of the goods. Upon notification of the claim, GOMMUS shall have the right to examine the goods, agreeing the manner and timing with the buyer. The goods, including those damaged, must be stored in an appropriate manner in a non-humid and temperate environment, inside the appropriate packaging. Prior to mass producing the articles, tests must have been conducted on samples or a small number of articles. Acceptance of the sample by the buyer shall constitute acceptance of the mechanical, physical and chemical characteristics of the said article. Rejected goods may be returned only upon our express written consent, in which case GOMMUS will have the right to replace, repair or reduce the price of the said goods, excluding compensation for consequential losses as a result of lost profits, savings losses or third party claims to the maximum extent permitted by law. In all instances, colour variation resulting from the passage of time cannot be considered a defect, having ascertained that storage conditions and exposing the product to external agents may cause discolouration which could be more pronounced in the case of transparent compounds.
- Force Majeure
Delivery delays or the cancellation of due orders (except in the case of gross negligence) due to circumstances beyond our control such as: the need to comply with laws or public authorities, actions or omissions by the customer, non-delivery by suppliers, lack of raw materials or energy, traffic disruptions, transport deficiencies, as well as wars, riots, strikes, lockouts, fires, floods, and natural disasters, will not entitle the client to request termination of the contract and/or compensation for damages.
- Court of Competent Jurisdiction
Such conditions are governed by Italian law. The competent authority for any disputes arising from the interpretation and execution of sales contracts (also in terms of debt recovery) shall rest exclusively with the Court of Ancona.