The supplies made by LIBE SpA and by the connected companies
are exclusively governed by here below conditions.
Any clause mentioned by customers will be excluded if not
before agreed and confirmed by Libe in writing.
1. ORDERS
Any
order made in connection to a quote has to be confirmed
within the validity of the quote itself.
Even if not mentioned, the validity of the quote is always
of 30 days.
Once
the validity is over the quote is no longer valid and we
keep the right to modify it.
Orders
are valid only if in written form (fax or email) and with
clear specification of designation and quantity.
Orders
are binding for customers.
Changes or cancellations have to be requested in writing
and will be accepted only in case the production is not
customized and/or made on special design.
We
keep also the right to supply products in executions, which
might differ from what mentioned in catalogues or in orders
(for example bearings with massive cage instead of steel
cage, etc.) when different executions do not modify functions.
Fixed specifications have to be clearly required and formally
accepted by us.
Libe do not accept penalties in connections with orders
received.
2.
LEAD TERMS
The
lead terms given have not to be considered fixed but indications
and always granted except unpredictable circumstances.
Our
company will make all efforts to keep the mentioned delivery
terms.
We
keep also the right to postpone delivery and to cancel the
order in case of force majeure and of breach of contract
by the customer. This without any penalty to be asked or
paid.
3.
PRICES
Our
prices are always ex works Arena Po (Libe), packing and
transport excluded.
4.
DELIVERY TERMS
The
delivery is considered fulfilled when the goods have been
delivered to the customer or to the carrier at our premises.
This is valid even in case we choose the carrier.
All risks shall pass to the Buyer upon delivery even in
case we agreed to organize transport to customer site.
If the Buyers do not give instructions about shipment or
do not collect the goods, the goods will be put in the warehouse
without any responsibility of our part for good conservation.
5.
DISPUTES
Any
claim about lack of material or damages shall be communicated
to the carrier. The Buyer must communicate his claim within
30 days from receipt.
The claim shall entitle the Buyer neither to cancel the
order, to reduce it, nor to get indemnification from the
Seller.
No claim will be accepted in case of incorrect handling
of the goods by the carrier or by the Buyer, in case of
parts already mounted or repaired by the Buyer.
Claims about products shipped or to be shipped or at customers’
site will not prevent the Buyer from collecting the whole
batch manufactured and from paying it.
6.
PAYMENT
The
Seller in the order confirmation establishes the payment.
The payment terms over, we will debit the Buyer with the
interests due in accordance with Italian law nr. 231/02.
In case of overdue payment or of non-payment we keep the
right to stop any further delivery and cancel the balance
of the order.
We will not recognize any claim or refund to the Buyer following
this action, information of which will be given in writing.
7.
RETURNS
Any
return of parts has to be previously agreed with Libe sales
department and will be accepted only if the products are
in perfect state.
In case of Buyer’s wrong issue of orders which are
regularly handled and delivered, the return will be accepted
but an amount corresponding to 15% of the order value will
be invoiced to the Buyer.
No return will be on the contrary accepted in case of customized
and special material.
8.
RESPONSIBILITY
We
do not take any responsibility for any damage of any nature
occurred not directly linked with our products.
9.
MODIFICATIONS
All
modifications to present general sale conditions must be
agreed by both parties in writing.
10.
LEGAL SIEGE AND PLACE OF JURISDICTION
Our
legal siege is in Piacenza, via Gregorio X, 46.
Any legal controversy arising between Seller and Buyer falls
within the competence of the Court of Piacenza (Italy),
all other places excluded.
By
placing orders the above general sales conditions are considered
totally agreed and accepted.