These General Sales Conditions (hereinafter “General Conditions”) regulate all sale agreements regarding the products sold by Naster S.r.l. (hereinafter the “Products”). All agreements concerning the sale of the Products to the buyers (hereinafter the “Customers”) by Naster are regulated by these General Conditions which must be applied to each offer, order and order confirmation regarding the sale of the Products. The Sales Conditions to be applied to the order are the General Conditions currently in force. Amendments to these General Conditions and special conditions must be made in writing. Naster reserves the right to modify or change these General Conditions, these modifications and these changes must be attached to the offer or to any written communication sent to the Customers. The General Conditions and their modifications will be considered accepted by the Customers, unless the purchasers raise objections.
- Products: Prices and Features
1.1 The prices of the Products published and/or communicated every time by Naster S.r.l. cancel and replace the previous prices and they are subjected to the real Products availability. Naster reserves the right to confirm, more exactly to adjust, the prices of the Products when the Customer confirms the order.
1.2 The products are not supplied for try-out. The Costumer is responsible for the choice of the Products ordered and for their suitability to
the purchaser’s needs.
- Orders – Invoice
2.1 All purchase orders of Products issued to Naster S.r.l. must be filled out exactly and they must specify all the features that are required to identify correctly the Products ordered. Each order of Products issued to Naster S.r.l is a contract proposal of the Customer, so it will be legally binding provided that the seller (Naster S.r.l.) confirms the acceptation. The release of the order by Naster S.r.l. is the same of tacit confirmation and acceptation of the order.
2.2 Naster S.r.l. reserves the right not to accept incomplete orders. Should Naster S.r.l. not be able to fill the order (in case the Products ordered by the Customer are not available), Naster S.r.l. will inform the Customer as soon as possible. In case of prepayment, Naster S.r.l. will refund the amount of money already paid if the goods are not supplied. No further refund, compensation or any other recompense will be paid.
2.3 All invoices and other documents concerning the Products ordered will be issued to the Customer by Naster S.r.l. at the delivery of the Products.
- Products delivery.
3.1 Products are sold <<EX WORKS>> (Incoterms 2000) at our factory in Mornico al Serio. The buyer pays all delivery costs. Deliveries are usually made by carrier.
3.2 The delivery terms marked by Naster S.r.l. refers to the Products available in its warehouses and, although they are carefully evaluated, the delivery terms are not binding for Naster, which can confirm or adjust them later according to its real requirements. In case of delivery late within 30 (thirty) days, the Customer doesn’t have the right to reject the product delivery and to claim refunds or any other recompense.
3.3 Naster S.r.l. has the right to supply the Products (also for supply concerning the same order) with different deliveries. Should this happen, the Customer will be charged only once.
3.4 Any special conditions and delivery terms must be agreed previously between the Customer and Naster and must be accepted in writing by Naster.
3.5 The Products travels at Customer’s risk. Before collection, the buyer – in his/her own interest – must verify the integrity and the quantity of the goods received. Any complaint must be made directly to the carrier at the delivery. Naster cannot be held responsible for any theft and/or damage and/or total or partial loss. The goods are insured only if explicitly required by the Customer and the buyer will be overcharged for the price of this service.
3.6 At the delivery of the goods it’s Customer’s duty to verify that:
- the number of cartons delivered is the same of the number written in the tax document.
- the goods are in compliance with what is written in the tax document.
- the packaging is intact, not damaged or wet, not faulty or modified. Even seals and the materials used to close the cartons (adhesive tapes, plastic packaging bands etc.) must be inspected.
Any damage or mistake concerning the number of cartons and late delivery as well must be claimed to the carrier that delivers the goods immediately by writing “goods collection with reservations because of loss and/or damage of n° … cartons” on the right legal document and confirmed by e-mail or fax to Naster S.r.l. within 8 days. Even if the packaging is intact, the goods must be checked within 8 days. Any concealed damage must be reported to Naster S.r.l. within 8 days. Any notification over 8 days and/or by using different means from what written above will not be taken into account. The Customer will take full responsibility for any notification. Once the document of the Carrier has been signed, the Customer cannot make any complaint concerning the external features of the products delivered and the number of cartons received.
4. Warranty on the Products
4.1 The warranty on the Products lasts twelve months from the delivery date.
4.2 Should the Customer see any defect of the Product which makes it unsuitable for its original use within eight days from the delivery, the Customer must report it to Naster in writing.
4.3 After eight days from the delivery without written complaints about defects, the Products will be finally accepted by the Customer as written in the contract and the Customer implicitly states that the goods are intact and not faulty and with all accessory products, components or any other products and elements that are part of the Product.
4.3 Any complaint about hidden defect must be sent in writing to Naster S.r.l. within 8 days from the discovery of the defect.
4.4 The seller declines any responsibility for Products used or stored in a wrong way or for Products modified or repaired by a third person not authorized by Naster or if the damage doesn’t depend on the seller or if the defect is due to a non-conformity use by the Customer, also with reference to the art. 1.2.
Naster accepts only the following payments:
- bank draft or cheque,
- bank transfer,
- irrevocable Letter of Credit, confirmed on an Italian bank,
Any other payment is allowed only if accepted in writing.
6. Data protection
6.1 Naster processes personal data in accordance with current privacy legislation. For more information, see the link naster.com/privacyclienti
7. Transfer and changes
Any change to the Contract and its terms must be approved in a written document signed by the seller and the buyer.
8. Right of withdrawal
8.1 According to the art. 1456 C.C. Naster reserves the right of withdrawal of the Contract by Recorded Signed For in case of late payment or if the Customer doesn’t pay for the purchased products.
8.2 In case of contract withdrawal, Naster has the right, at its unquestionable choice, to withhold as penalty the amount already paid.
Furthermore, Naster has the right to claim any other compensation, that is the return of the Products at Customer’s expenses.
9. Conditional Sale
9.1 Naster reserves the Conditional Sale on the Products object of the Contract until the Customer has paid the full amount for the purchased Products and the taxes associated to the purchase.
If at the payment deadline the Customer has not paid yet, Naster has the further right to withdraw the Contract and the right to claim the Products back at Petitioner’s expenses in respect of what is written in the previous art. 7.2.
10. Tax terms
10.1 The Parties agree that all transaction concerning the Contracts are subjected to VAT paid by the Customer according to the law.
10.2 According to the law any tax related to the Contract is paid by the Customer.
11. Applicable Law, Language of the Contract and Competent Court
11.1 The business relations between Naster and the Customer will be regulated and interpreted in compliance with Italian laws.
11.2 These General Sales Conditions are drawn up in Italian and English. Should any difference arises between the texts in the two languages or interpretation doubts, the text in Italian will prevail.
11.3 Any controversy derived from the Contract or relative to it will be devolved to the Court of Bergamo.
According to the art. 1341 and following articles c.c. the Customer declares to accept explicitly, after reading them carefully, the articles: 2. Orders – Invoice; 3. Products Delivery; 4- Warranty on Products; 7- Right of withdrawal; 8- Conditional Sale and 10. Applicable Law, Language of the Contract and Competent Court