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General Conditions of Sale of the Supplier
a) ClaindSrl, seated in Via Regina 24, Lenno (CO), Italy, tax code and Companies Register of Como No. 02894360136, hereinafter denominated the SELLER, is an Italian company engaged in the production and sale of gas generators (hydrogen, nitrogen, zero air) complete with accessories, hereinafter denominated the PRODUCTS.
b) The parties agree that sale of the PRODUCTS by the SELLER to the BUYER is governed by the general terms and conditions set forth below, subject to any express contrary agreement in writing.
Therefore, the parties hereto agree and stipulate as follows:
1. CONTRACT FORMATION
1.1 The contract is deemed to be executed upon written acceptance by the SELLER of the purchase order by way of order confirmation.
1.2 No purchase order for the PRODUCTS sent by the BUYER is binding on the SELLER unless specifically accepted in writing by the SELLER.
1.3 The order may not be assigned to third parties without the written consent of the SELLER.
1.4 The BUYER acknowledges that no agent or representative of the SELLER has the authority to bind the SELLER.
2. PRODUCT CHARACTERISTICS AND TECHNICAL SPECIFICATIONS
The technical features or specifications of the PRODUCTS, even if specified in detail in SELLER’s catalogues, brochures, price lists, etc., will be relevant for the purpose of assessing conformity of the products, only if expressly referred to in the offer and acceptance of the order.
3.4 The BUYER may not, for any reason, defer payments beyond the terms agreed, in particular neither in case of delays in delivery, nor during the possible assembly, nor by reason of any type of claim.
3.5 In every case of delayed payment in relation to the agreed due date, the BUYER, regardless of any formal notification from the SELLER, will be required to pay the SELLER interests on the late payment calculated in accordance with the applicable Italian rule, without the BUYER considering himself entitled of the right to defer payment.
4.2 The SELLER is not liable for any loss or damage to the PRODUCTS after their delivery to the BUYER.
4.3 The SELLER's obligation to deliver the PRODUCTS will be suspended in every case where the BUYER breaches his obligation to pay the PRODUCTS.
4.4 In the event of delay in the delivery of the PRODUCTS, for which the SELLER may be responsible, the BUYER will not be entitled to any compensation, in any form, for the damages incurred.
5. WARRANTY OF THE SELLER
5.1 The SELLER guarantees the BUYER, for a period of 12 (twelve) months from the date of delivery of the PRODUCTS to the BUYER (unless otherwise indicated in the contract), that the PRODUCTS are free of defects and faults such as to make them unsuitable for their intended purpose.
5.2 The SELLER is not liable under this guarantee against defects and faults, if the BUYER has made an incorrect use of the PRODUCTS or if he has changed or modified them without the written consent of the SELLER, or if the instructions provided in the user guide, including those concerning the electric energy power supply, the quality of the compressed air and/or water supply and maintenance schedule, are not followed.
5.3 The SELLER is not liable under the guarantee if the PRODUCTS are repaired by persons who are not appointed or authorised by the SELLER.
5.4 The SELLER is not liable if:
a) the replacement and/or repair of the PRODUCTS is to be ascribed to events of force majeure as described in art. 7 below, or to the fault or negligence of the BUYER or its customers, or
5.6 The warranty covers (and is limited to) repair of the faulty product or component or, at the discretion of the SELLER, replacement of the faulty product or component.
5.7 All repairs requested by the BUYER not covered by the warranty shall be made against payment and, for such repairs, the SELLER will apply its price list in force at the time the repair is requested.
5.8 The liability of the SELLER shall not in any case and for any reason include indirect, incidental or consequential damages or losses incurred by the BUYER and/or third parties due to faults and/or defects in the PRODUCTS.