general terms and conditions

General Terms and Conditions:
Terms of Sale and Delivery:

1. General

These Terms of Sale and Delivery are an integral part of every order and are made available to the buyer with every order. The purchaser hereby expressly acknowledges having received them and agreeing to them.

2. Terms of Delivery

Difficulties with transport, or else technical disruptions in operation or in the operations of the seller’s suppliers shall entitle the seller to change or postpone the delivery time without the customer being entitled to any claim arising from this.
With a delivery delay that is caused by the buyer or by third parties, the materials that have been delivered by the company must be paid for in full and the payment terms must be adhered to as had been agreed upon.
In the event that they have not been expressly agreed to as essential terms, the delivery deadlines are subject to change or not binding.
In the event of an agreed-upon change in the order, the delivering company shall be entitled to recalculate the delivery date.
Indications in the descriptions regarding performance, weight, etc. are to be considered as approximate indications. With the definitive invoice, the actual quantities that were delivered shall apply, even if they differ from the offer. This shall hold true in particular because the quantities (weights) do not always concur with the calculations. In any case, the buyer hereby expressly acknowledges that it shall pay for the quantities that were actually delivered.
Claim for compensation for damages by the buyer because of non-fulfillment or because of delay shall not be allowed.
Even if the goods were sold at the agreed upon destination, transport risks shall be borne by the recipient unless the responsibility is to be ascribed to the gross negligence of the delivering company. Upon acceptance of the objects of purchase, the buyer bears full risk and responsibility for them, which is why the selling company remains released of any further liability.

3. Price

Price increases because of an increase in production costs (factory prices, exchange rate, freight rates, customs duties, import measures, etc.) between the time of the order and the time of delivery shall expressly be covered by the buyer, they will be invoiced, and they shall be regarded as agreed upon.

4. Terms and Conditions of Payment

In the event that payment deadlines are not meant, the selling company shall be immediately entitled to request an immediate enforceable order for payment from the competent district court.
In accordance with Art. 1523 et seq. of the Italian Civil Code, all objects of sale shall remain the property of the selling company until the complete covering of all of the buyer’s obligations that originate from the purchase contract. As long as the reservation of title exists, the disposal, mortgage, transfer of ownership as security, rental, or other surrendering of the object of sale without the expressed written consent of the selling company is prohibited; in the event that such a surrendering takes place without said consent, the deferred purchase amount which is still open shall immediately become due and payable.
In the event that there is a claim by a third party on the object of sale that has been delivered under a reservation of title, the buyer shall immediately inform the selling company of this by registered letter (or of course also by Italian PEC [certified e-mail]). In the event of non-compliance with this obligation, the buyer shall be liable for all damages that result from it.
During the course of the reservation of title, the buyer is obligated to keep the object of sale in proper condition.

5. Complaints – Notices of Deficiency

Complaints of any kind must be made in writing to the selling company with a precise indication of the individual defects within eight days of the receipt of the goods. Upon prior inspection, justified complaints of any possible defects shall be repaired or replaced at the option of the selling company. Claims that may range beyond this are hereby refused.

6. Competent Jurisdiction – Applicable Law

The parties to the contract hereby expressly agree that for any legal disputes that may arise out of this contract, Italian law shall apply, and the competent jurisdiction shall be the District Court of Bolzano, Italy.

7. Place of Performance

The place of performance for delivery and payment shall be the location where the invoice was issued.

8. General

Verbal or telephonic agreements require written confirmation on the part of the selling company.

9. Privacy Policy

Your personal information will be processed by the company Samatec GmbH with headquarters at Kiefernhainweg 67/B, I-39026 Prad am Stilfserjoch, Italy in accordance with Italian Legislative Decree no. 196 of June 30, 2003 (Code for the Protection of Personal Information). Your information will not be distributed.