By "Dervet" we mean Dervet S.r.l., with registered office and factory in Palazzo Pignano (CR) - 26020 - Via Trescore, 32 / a VAT number 01433620190
By "Buyer" we mean the individual or corporate customer who enters into a purchase contract with Dervet.
1.1 Each order is binding for the Buyer from the moment it is signed while for Dervet it becomes binding if not canceled within 30 days of receipt of the order.
1.2 Dervet, having verified that the order received contains all the necessary information, will send the Buyer the order confirmation with the characteristics of the product purchased, the price and the expected delivery week. The order confirmation will be accepted without reservation after three days from the date of transmission. In order to process the order, the contents of the order confirmation are valid.
1.3 In any case in which the prior issuance of a guarantee or the payment of advance payments to the order or payment by irrevocable letter of credit is envisaged, and when the Buyer must complete the technical data necessary for the execution of the order, the order will be followed up, nor will the delivery times be defined and / or confirmed as long as the guarantee or the down payments or the expected L / C, or the technical data, are not received by Dervet.
1.4 If the Buyer, after entering the order production program, changes the characteristics of the ordered product, this will result in a rescheduling of the delivery terms and a price increase that will take into account the costs of changing the product in progress. . The new supply conditions will be confirmed by sending a new order confirmation. Any addition and any variation to the original order will be valid only if made in writing and countersigned by those who can engage Dervet.
1.5 In the event that the Purchaser were to revoke the order or cancel the contract or refuse to withdraw what was commissioned, in addition to losing the deposit, he must pay Dervet, by way of indemnity pursuant to art. 1382 of the Civil Code, an amount equal to 30% of the amount of the order in addition to compensation for further damages and reimbursement of any costs incurred.
2-RESERVE OF OWNERSHIP
2.1 Up to full payment on the items making up the supply, the retention of title referred to in Articles 1523e ff. C.C. which is therefore authorized to have the privilege referred to in art. 2762 of the Italian Civil Code. The privilege is implicit in the installment sale. Dervet reserves the right to notify the owner of the property in which they are placed, by registered mail, the placing of things encumbered by retention of title.
2.2 In the event that the goods are subjected to acts of expropriation or seizure by third-party creditors, the Buyer must have it recorded in the report that the equipment is encumbered by the reserved domain and favor of Dervet and must notify the same in writing by registered letter within 24 hours. Any damage resulting to Dervet from different behavior of the Buyer will be borne by the latter
3.1 Delivery takes place "ex works" at the Dervet factory. The risks related to shipping and transport are borne by the Buyer from the moment of delivery to the shipper or carrier.
3.2 The goods travel in any case on behalf and at the risk of the Buyer, even if delivered at home. The Buyer must directly unload the goods from the vehicle even if the transport of the same is carried out by Dervet.
3.3 Dervet will communicate to the Buyer the exact day of the goods ready at its factory and will agree with the Buyer if the Transport must be organized by Dervet directly, through transport companies with charge of the transport on the invoice, or if the Buyer will collect the goods by means of transport. own or with a trusted carrier.
3.4 The delivery terms are indicative and can never be considered essential, whatever the form used for their determination; any delays do not give the right to terminate the contract, nor to compensation for any damage, direct or indirect. The Buyer expressly renounces to assert any question, action and exception in relation to this hypothesis.
3.5 Dervet reserves the right to invoice and request payment as agreed in the conditions of sale of the goods not collected after confirming that the goods are ready.
4.1 The prices, unless agreed otherwise in writing, are for goods disassembled, delivered “ex-works” and therefore not inclusive of any and every accessory cost and shall be those in the price list in effect at the time of receipt of the order by Dervet, save possible discounts reserved to the Buyer to be agreed upon case by case, specified in the offer or confirmation or order, or in the copy of the order.
4.2 To be valid, offers of prices made verbally or by telephone must be confirmed in writing. The validity of prices quoted shall be 30 days from receipt of the offer, unless specified otherwise in the offer itself.
4.3 Dervet reserves the right to modify its prices at any time and without notice, and to bill any extra costs for storage or deposit of the goods for the account of the Buyer.>
5.1 The terms of payment start from the date of issue of the invoice.
5.2 Payments shall be made to the address of Dervet and may not be suspended or delayed for possible claims of any kind whatsoever.
5.3 In case of delayed payment the warranty will be suspended and Dervet will have the right to suspend or cancel all orders until payment is made of the balance due plus interest which will be charge with full right, without to need of any request, from the expiration of the payment term in the annual measure corresponding to the official discount rate current during the time of delay, increased by seven points. In any case, all right remain in effect as regards any additional damages.
5.4 Unless otherwise agreed between the parties in writing, installments shall be paid with promissory notes or drafts that the Buyer hereby authorized the seller to issue and agrees to accept; in either case, they will be issued on a “pro solvendo” and not on a “pro soluto” basis and any renewal will not constitute a renewal of the original obligation. In case of failure to pay a single installment, aside from the provisions of art. 1525 C.C., Dervet will retain the right to take legal steps to obtain the entire balance due and the Buyer will lose the benefit of the extended terms, or the seller may repossess the goods without returning the installments paid, that will be kept as an indemnity for their use, save any demands for additional damages regarding the state of the goods at the time of their return. The payment agreed by draft or promissory note does not affect the obligation of the Buyer to pay at the address of Dervet (art. 1498 c.c.)
5.5 The amount paid at the time of the order is to be considered, according to the terms of art. 1385 c.c., as a down payment on the goods and reimbursement of damages in case of breach of contract by the Buyer. The down payment will, however, be calculated against the price following fulfillment of the terms of the order.
5.6 In case of delays in the delivery of the goods not attributable to Dervet, the seller is authorized to issue the relative invoice and the terms of payment shall start from the delivery dates indicated in the contract.
6.1 Claims submitted by registered letter within eight days of the arrival of the goods are valid if based on the functional aspects of the goods and not on comparison with illustrations or advertising material, as Dervet reserves the right to make any changes it deems advisable in its products at any time, without the Buyer being able to lodge any claims in this connection.
6.2 As regard exterior and interior surface finishing of the refrigeration doors, any equipment or accessories, claims are not accepted after the date of delivery.
6.3 Claims are not accepted on goods damaged in shipment or subsequent handling.
7.1 Dervet guarantees the goods supplied for one year from the date of shipment under normal conditions of use. For components not produced by Dervet the manufacturers’ warranties are effective.
7.2 The Following are not covered by the warranty: electric and electronic parts, glass and crystal parts and any damage caused by handling of the goods after delivery to the carrier at the Dervet plant. The warranty does not apply in case of improper use or neglect of maintenance of the product by the Buyer or end user, or by third parties, or for other damages not attributable to Dervet. The warranty does not include and may not be considered to extend in any case to direct or indirect damage to persons or property, nor does it give the right to terminate the contract.
7.3 Goods supplied under the warranty are delivered ex-works from the plant in Palazzo Pignano – Italy. Travel costs and expenses for personnel sent to repair products under the warranty are for the account of the Buyer.
7.4 Any and every adaptation of the goods supplied with local laws in the country where the products are installed shall be made at the specific request of the Buyer as Dervet supplies all warranties according to Italian regulations.
7.5 In no case and for no reason may the Buyer suspend or delay payments or the fulfillment of other obligations to Dervet.
8.1 Upon termination of the contract, for any reason whatsoever, no indemnity shall be due to the Buyer.
8.2 These conditions and this contract are governed by Italian law and the only valid text for their interpretation shall be the Italian text, even if translated into other languages.
8.3 Any controversy that should arise between the parties regarding the interpretation and performance of the contract will be for the exclusive jurisdiction of the Court of Cremona, Italy, with total exclusion of any other court which may calim jurisdiction according to the Italian and international procedural rules.