Sale conditions
1. SCOPE OF APPLICATION: These general terms and conditions govern all current and future sales contracts between the parties, unless specifically agreed otherwise in writing. Any general conditions of the Client shall not apply to future relationships between the parties unless expressly accepted in writing.
2. ORDERS: Orders received are considered valid only as a reservation and do not oblige Orobica Plast-Gom to deliver, either partially or fully. By accepting the orders commissioned by you, these GENERAL TERMS AND CONDITIONS OF SALE, printed on the reverse of our documents, are fully accepted by you without reservation as execution of the orders themselves. For commercial and administrative reasons, we will not process orders with a net value of less than EUR 200.00 for the Italian territory and EUR 500.00 or the equivalent value in other countries. Notwithstanding the above, Orobica Plast-Gom reserves the right to process orders of lesser amounts provided they are accumulated during the commercial month to reach the minimum billable amount as stated above. However, in exceptional cases where it is not possible to reach the minimum billable amount, upon agreement and evaluation by our Commercial Office (RUC), we may process orders of lesser amounts.
3. DELIVERY: Delivery terms are indicative and not binding.
4. PACKAGING: In the absence of specific instructions detailed in the orders, packaging will be carried out in cardboard boxes and/or standard-type plastic bags, as deemed most suitable by Orobica Plast-Gom, at no additional cost. Should non-standard packaging be requested (different from the aforementioned), the associated costs will be charged.
5. TRANSPORT AND SHIPPING: Unless otherwise agreed in writing, the delivery of the products is "E.X.W. EX-WORKS CREDARO (BG) Italy," (INCOTERMS ed. 2012 and subsequent editions) and travels at the Client's risk and responsibility. In no case and for no reason shall Orobica Plast-Gom be obliged to provide compensation for any direct and/or indirect damages resulting from delayed delivery, early delivery, and/or total or partial non-delivery. In the absence of specific instructions, shipments will be carried out using the method deemed most appropriate by Orobica Plast-Gom, without this giving rise to complaints.
6. RETURNS: Returns will not be accepted without authorization from the head of our Commercial Office (RUC). According to established practices, return requests for materials delivered more than 30 (thirty) days prior to the return request or materials not listed in our official catalogs will not be considered.
7. CLAIMS: Claims of any kind will not be accepted after 8 (eight) days from the date of receipt of the goods for visible defects and from the date of discovery for hidden defects, with the Client expressly responsible for verifying the conformity of the delivered items upon receipt. For this purpose, the date on the Transport Document (DDT) is valid. Any claim must be communicated in writing to Orobica Plast-Gom, including the following details: the Transport Document (DDT), the delivery date, the description of the article, the article code subject to non-conformity, the description of the defect, and the quantity of defective products.
8. WARRANTY: Orobica Plast-Gom guarantees that the supplied products comply with what has been expressly agreed. Following a formal complaint by the Client, Orobica Plast-Gom, within a reasonable time considering the extent of the dispute, may (at its discretion): a) provide free of charge to the Client, ex-works, products of the same type and quantity as those found to be defective or non-compliant with the agreement; in such cases, Orobica Plast-Gom may require, at its own expense, the return of the defective products, which will become its property; b) declare in writing the termination of the contract, offering the refund of the price against the return, always at its own expense, of the supplied products. This warranty is comprehensive and replaces legal guarantees for defects and compliance, excluding any other possible liability of Orobica Plast-Gom originating from the supplied products. In particular, the Client cannot make other claims for damages, price reduction, or contract termination. Except in cases of willful misconduct or gross negligence by Orobica Plast-Gom, any compensation for damages to the Client shall not exceed the invoice price of the disputed products.
9. PRICES – PAYMENT: Payment methods are as agreed and stated on the invoice. Any delay or irregularity in payment gives Orobica Plast-Gom the right to suspend supplies or terminate ongoing contracts, as well as the right to claim compensation for any damages. Orobica Plast-Gom is entitled, starting from the payment due date and without the need for formal notice, to late payment interest as per Article 5 of Legislative Decree no. 231 of 10/09/2002. The Client is obliged to make full payment even in the event of a dispute or controversy.
10. RETENTION OF OWNERSHIP: The delivered products remain the property of Orobica Plast-Gom until full payment of the price.
11. TECHNICAL STANDARDS AND MANUFACTURER’S LIABILITY: Regarding the characteristics of the products, Orobica Plast-Gom adheres to the legislation and technical standards in force in Italy. The Client fully assumes the risk of any discrepancy between Italian standards and those of the product's destination country, holding Orobica Plast-Gom harmless. Orobica Plast-Gom guarantees the performance of its manufactured products only and exclusively concerning uses, purposes, applications, capacities, etc., expressly indicated by it. Should the Client resell the aforementioned products, it is their duty and responsibility to inform their buyers of such indications. If Orobica Plast-Gom refers its supply to a sample, design, and/or specification provided by the Client, it shall be responsible, unless otherwise agreed in writing, for compliance only with the apparent characteristics of the sample. In any case, Orobica Plast-Gom shall be relieved of any liability arising from any violation of industrial property rights by the customized products.
12. MOLDS AND EQUIPMENT: Molds and equipment remain the property of Orobica Plast-Gom until full payment of the same and the invoices related to any type of supply made to the Client.
13. PRICE LISTS: The prices shown in the Orobica Plast-Gom price lists may be subject to changes depending on market needs or in relation to variations in the cost of raw materials, personnel, energy, etc., without prior notice to the customers.
14. CATALOGS: All drawings, photographs, technical data in Orobica Plast-Gom catalogs are approximate indications and are not binding. Orobica Plast-Gom reserves the right to make changes to its catalogs and products at any time and without prior notice, as it deems suitable for production purposes and/or to improve their quality, functionality, and performance.
15. DISPUTES: For any disputes, Italian law will apply, and the Court of Bergamo shall have exclusive jurisdiction, even in the case of goods delivered elsewhere.