GENERAL CONDITIONS OF SALE FOREWORD Supplies from our Company shall be ruled exclusively by the following General Conditions of Sale. Any clause or condition whatsoever in conflict with the terms set forth hereunder shall be null and void and to no effect unless it has been previously agreed upon and accepted by us. 1) OFFERS AND ORDERING Offers made by our Company shall be deemed in all circumstances subordinate to subsequent acceptance by us and must be sent in writing by fax or e-mail directly to our head office or the office of our representative for the area concerned. We reserve the right to accept orders passed on verbally but in no case shall we be liable for any error and/or discrepancy. Orders shall be binding at all times for the Customer, irrespective of whether written acceptance has been received or not, and shall also become binding for our Company once confirmation has been sent out, without prejudice to the exceptions set below. No orders shall be accepted that include penalties or commitments of any kind whatsoever. 2) PRICES Prices shall be those charged on the date the order was accepted; any increases in materials shall be communicated in writing within the shortest time possible. All quotations are for goods rendered ex-factory or ex our Company works, and shall exclude packing, testing, assembly and any accessory charges. 3) DELIVERY TIME AND TERMS Delivery is deemed to have taken place at the time the products are made available to the Customer in our company warehouse or after delivery to the carrier. If the Customer does not provide promptly for collection for any reason whatsoever, the said products shall remain in storage in our warehouse, without any responsibility on our part for their preservation for a maximum period of three weeks. After such term, the order shall be considered null and void and the customer shall lose all rights whatsoever over such goods. New order shall be carried out only after having received the payment by the customer and shall respect new delivery time. While the delivery terms indicated on proforma invoices must be respected as far as possible, they shall be considered at all times for information only. Our Company shall assume no liability whatsoever for damage caused by delays in delivery and reserves the right to extend delivery terms in the event of impediments due to events beyond the control of our Company or failure by the customer to pass on instructions necessary for the fulfilling of orders, subsequent modifications, delays in payment or nonpayment of previous supplies. 4) SHIPMENT AND REPORTING DEFECTS Shipments shall be deemed executed on behalf of the Customer, at his risk and danger, according to indications received. Our Company guarantees that all products shipped are new, tested and in perfect working order. Complaints about any tampering with or damage to products must be presented by the Customer to the carrier as it is to be presumed that these are caused during transport operations. Our Company shall take into consideration complaints regarding manufacturing defects and discrepancies with regard to the order only if these are made within 8 days from the date the products were received, preferably in writing. In absence of instructions from the Customer, our Company declines all responsibility both for the choice of means of transport and for tariffs charged by carriers. Should our Company agree to pay even only a part of the transport costs, it shall use the means of transport deemed most fit. 5) PAYMENTS Payments must be made to our Company address as agreed upon during acceptance and confirmation of the order unless previously agreed otherwise. If payment is not made by the arranged due date, without prejudice to our right to demand payment, our Company shall calculate interest on arrears at the rate stipulated by article 5 Legislative Decree 9 October 2002, no. 231. Moreover, the manufacture and delivery of products still on order may be suspended and the remaining goods cancelled without any right to compensation or indemnity of any kind whatsoever. Any dispute with regard to products either being manufactured, ready for shipment, already shipped or in the Customer’s possession does not free the latter from the undertaking to withdraw the whole quantity ordered and make payment on the arranged due date. It shall be our concern, following appropriate checks, to establish any refunds, replacements and repairs according to conditions laid down in arts. 6 and 9. 6) SPECIFICATIONS AND DRAWINGS Everything possible shall be done to make sure that the descriptions, drawings and any other information contained in correspondence, catalogues, etc. is accurate but our Company shall accept no liability whatsoever for any inaccuracies existing in such documents. 7) GUARANTEE Our Company provides a guarantee for a period of one year from the date the products are delivered, limited exclusively to repairs or replacement free of charge of defective pieces. Guarantee is applied on new products or changed in case of reparation. The Customer must however report defects as laid down in article 4, in order for the guarantee to apply. Complaints shall never give rise in any circumstances to the cancelling or reduction of orders, still less to the payment of indemnities of any kind by our Company. The disputed products must be sent back to our Company free of all expenses for checks to be carried out. Under no circumstances, shall the SACCARDO Srl company be responsible for any damages, including physical injuries to persons, without limitation, or for any damage due to loss, including loss of income, and/or interruption of business activity or other economic losses. The liabilities of our Company for damage caused to whomsoever from accidents of any kind whatsoever caused by products of ours that are defective shall only be those that are mandatory by Law. In the event that it is not possible in any way to return the material and the Customer prefers to repair it in loco, before proceeding with any such repair operations, our Company must be promptly informed of the damage and Saccar do El ettr omeccanica Srl Via Casa Celeste, 10 36014 Santorso VI ITALY Tel ++39 445 540542 Fax ++39 445 540538 www. saccardo.it Email info @saccardo.it P. IVA e C.F. IT00899480248 REA 210094/VI Reg.Imp. N.25254//VI 116 Cap. Soc. E 10.978,00 i.v. mod 53.01 VEN condiz gen vendita GB 1/2 GENERAL CONDITIONS OF SALE only if repairs are agreed upon in advance, are quantified and documented, shall our Company proceed with reimbursement of the repair costs. Nothing shall be owed for the time in which the installation remains out of operation or for refunds of direct or indirect expenses and damage. The warranty will be invalidated if the purchaser does not send a written detailed notification to the SACCARDO Srl company about the nature of any defect found in the motors and/or electric spindles, within 10 days of the appearance of the defect in question. Furthermore, the warranty shall be invalidated should the purchaser not allow the SACCARDO personnel to carry out every check required or in the case where, following a request to return and/or recover the faulty product and/or component, the purchaser fails to proceed accordingly within 15 days of the actual request. 8) EXCLUSION FROM WARRANTY The guarantee does not apply if products returned as being defective have in any way been tampered with, repaired or used improperly or in a way that does not comply with our instructions, neither does it cover damages or defects due to external agents, lack of maintenance, natural wear and tear, inaccurate choice of type, assembly error or other causes which are beyond the control of our Company. The warranty does not cover any defects due to ordinary wear of those parts which, by their nature, are subject to fast continuous wear (e.g.: bearings, rings and various seals, chucks, bushings, tips, joints etc.) In particular, the SACCARDO Srl company does not guarantee any working life for bearings since this depends on external factors, such as tool balancing level, type of processing, type of worked material therefore radial and/or axial forces, impacts and/or mechanical stress beyond standard values, preheating, storage etc. Furthermore are not under warranty damages caused by plants non-compliant to the specification described in our instruction manual. For example, we underline following cases of loss of guarantee : Lack of no-return valve Lack of pre-heating cycle Long storage (over one year) without the required checks Pressurization insufficient or excessive Quantity of coolant insufficient or excessive Cooling (by air or liquid) insufficient Closing/obstruction of drainage holes of the joint Working with closed tool without turning off water circuit Use of contaminated coolant because of lack of adequate filter Lack of filter between inverter and motor/spindle Mistakes on inverter configuration 9) TESTING, ASSEMBLY AND MAINTENANCE All the products are tested on our premises using our own instrumentation. Neither assembly or maintenance of the product is included in the sales price. If requested by the Customer, either at the time of ordering or subsequently, any accessory service, such as testing using particular types of instruments or methods, or in special conditions, either on our premises or in a place indicated by the Customer, assistance with assembly or routine and supplementary maintenance, our Company shall evaluate and charge for such operations separately and issue a normal invoice for services rendered. 10) DISPUTES For all and any aspects not contemplated herein, the parties shall refer to the provisions laid down by the Civil Code and Italian law, also with regard to contracts stipulated with foreign subjects. For all and any disputes not resolved by mutual agreement between the parties, the Law Courts of Vicenza shall have exclusive jurisdiction. Any disputes or challenges do not exempt the customer from compliance with the conditions of payment agreed upon nor do they imply an extension to such conditions. Saccar do El ettr omeccanica Srl Via Casa Celeste, 10 36014 Santorso VI ITALY Tel ++39 445 540542 Fax ++39 445 540538 www. saccardo.it Email info @saccardo.it P. IVA e C.F. IT00899480248 REA 210094/VI Reg.Imp. N.25254//VI 116 Cap. Soc. E 10.978,00 i.v. mod 53.01 VEN condiz gen vendita GB 2/2