Each sale is understood to be governed by the following terms and conditions.
Prices are to be considered ex-works, Castel San Pietro Terme. The goods travel at the risk of the customer even if shipped with carriage paid to the destination.
The terms of delivery always refer to effective working days and are approximate. The delivery date indicated refers to the date of preparation of the goods at the factory in Castel San Pietro Terme. In case delays occur, they cannot give rise to claims for damages nor resolution, even partial, of the contract. Orders must be sent in writing and accepted by Elettro c.f.. Orders passed through Agents, while are binding for customers, are in all cases subordinated to approval of Elettro c.f. that may refuse them.
In the case of delayed payment, interest for late payment will be charged as per Italian Legislative Decree 192/2012, which transposes the European Directive 2011/7/UE, in addition to collection fees, banking fees and legal expenses. A delay in payments authorizes Elettro c.f. to suspend and/or cancel any supply that has not yet been executed. The goods sold remain the property of the seller until full payment is made, and any advance payments made will be deducted from reimbursement for damages and expenses. Prices quoted include standard cardboard packing. Orders for amounts less than € 250.00 are not processed.
Elettro c.f. reserves the right to modify prices and models at any time without notice to customers and shall not be liable for the consequences of modifications howsoever caused. Dimensions and weights are approximate only and not binding to details. Transport insurance has to be covered by customers, different instructions excepted. The customer is compelled to check the state and quantity of the goods delivered at the time of delivery and to point out to the Carrier at the time of delivery any shipping damage that may have occurred, any missing packages or any evidence of suspected tampering and the customer must indicate this information on the transport document of the goods or on another document concerning the delivery. Verbal complaints will have no value.
Any complaints relating to state, quantity or exterior features of the goods (apparent defects) must be notified to Elettro c.f. in writing within 8 (eight) days from receipt of the goods; failing such notification within the said term any claims shall be precluded and forfeited. Any complaints relating to defects which cannot be discovered on the basis of a careful inspection upon delivery of the goods to the customer (hidden defects) must be notified to Elettro c.f. in writing within 8 (eight) days from discovery of the defects and in any case not later than 12 months from delivery, failing such notification within the said term any claims shall be precluded and forfeited.
Returns of goods shall be communicated in advance, authorized and delivered with freight prepaid.
Shipments for potential repairs, even if under warranty, are only accepted with carriage prepaid and sent back with freight charged to the customer. Conditions of payment for repairs are understood to be cash on delivery.
Elettro c.f. guarantees that its Products, under normal use and service and when utilised in accordance with the technical documentation supplied, are free from defects in materials and workmanship within the warranty period, calculated from the date of sale from Elettro c.f. to the Distributor, as follows:
-24 months for machines, power sources, wire feeder and cooling units.
-12 months for welding and cutting torches, earth cables, extension cables and other accessories and equipment.
Elettro c.f. shall not be under any liability in respect of any defect or failure arising out of: i) improper use, negligence or accidents, ii) use of the Products not in compliance with the technical documentation supplied, iii) use of non-original spare parts and/or accessories.
Elettro c.f. shall not be under any liability for damages to the Products occurred during the carriage or due to incorrect unpacking and, in general, for damages, defects and failures due to causes beyond the its control or to causes other than ordinary use.
Normal wear and tear are not covered by the warranty.
To have the warranty recognized, with the request for repair, the Distributor shall communicate to Elettro c.f. the Product code/serial number and number/date of the purchase delivery note or invoice that shall be dated within the warranty period.
Repair of the Products or of their parts shall neither extend nor decrease the original warranty period as set forth.
If materials are sent for repair and are found to be in working order, a flat rate will be charged to cover the costs incurred for inspection. If the repair estimate is not accepted, a flat rate will be charged to cover the costs incurred for inspecting the material. These flat rates vary depending on the material to be repaired.
In the case of a defect, Elettro c.f. will have the sole responsibility for arranging repair of the same and, in any case, Elettro c.f. will not be liable for any direct or indirect damages such as production downtime, machine downtime, loss of profits etc.
In case different voltages or frequencies are demanded, Elettro c.f. reserves to communicate eventual additional costs at the moment of the single offer.
These terms and conditions are governed by and interpreted according to Italian law. The Vienna Convention of 1980 on the International Sales shall not apply. The right to actions of recourse is expressly excluded. The competent law Court of Bologna, Italy, shall have exclusive jurisdiction in any controversy, claim or dispute arising in connection with these sales conditions. However, as an exception to the principle here above, Elettro c.f. is in any case entitled to bring his action before the competent court of the place where the Buyer has his registered office.
No changes to these terms and conditions will be accepted unless they are confirmed in writing by Elettro c.f.
N.B.:Terms "in writing" shall mean a document having been signed by both parties or a document having been sent as a facsimile with return receipt or as an e-mail with return receipt.