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General AIPPEG Sales Conditions of corrugated sheets, insulated metal panels and accessories
"General Sales Conditions for Corrugated Sheets, Insulated Metal Panels and Accessories" approved by "AIPPEG (Associazione Italiana Produttori Pannelli ed Elementi Grecati) and
Annex A "Rules on moving, handling, and storing of corrugated Sheets, Insulated Metal Panels and Accessories". Deposited on January 21st 1992 among the Acts of Notary Maria
Celeste Pampuri of Milan with Index no. 71034 and Collection no. 2786, registered in Milan, among «Public Acts» on January 22nd 1993 with no. 000430 Series 1B. Deposited for
advertising purposes at the Chamber of Commerce of Milan «Contractual conditions or Rates» on February 9th 1993, Ed. 06/99.
1. Parts of the agreement
For Venderesse, it is meant the manufacturing company
and/or the company that supplies the manufactured products
which are object of the supply in object, which will issue an
invoice for said manufactured products.
For Buyer it is meant the nominee of the invoices relative to the manufactured products in object.
2. Order - acceptance
The Buyer’s order is considered as a proposal and it is
irrevocable for thirty days.
The Seller’s confirmation is considered as acceptance and
consists in the only document that commits the parties and
regulates the contractual relation, for whatever is not foreseen
in this “General Sales Conditions”.
The order is accepted based on the date indicated on the
stamp or fax sent for confirmation.
In case the confirmation foresees the supply of manufactured
products belonging to different types and/or split deliveries,
each type and/or delivery is contractually deemed independent
from other ones.
3. Delivery, shipping and transport of materials
The Seller commits to comply with the delivery terms agreed;
in any case, an exception period of fifteen working days is
admitted.
The facts that prevent or delay the production of the
manufactured products such as for example, strikes (even
corporate ones), closing, fires, importing bans, delays on
stock-up of raw materials or restrictions of energy sources and
other facts that prevent or delay manufacturing, are deemed
events of force majeure and the Seller cannot be held liable for
the delay in delivery.
In the above mentioned cases, the Seller can postpone delivery
in case the causes for the delay are not solved.
In cases the events for the delay last over thirty days, the Seller
has the faculty to withdraw from the agreement, without any
right for the Buyer to claim any refund for damages which are
directly or indirectly due to the delay.
Once the agreed delivery terms elapse, within fifteen solar days
from receiving the notification that the goods are ready, the
Buyer must pick up the ordered manufactured products or, in
case of delivery to destination, must request shipping.
Once this term has elapsed, the manufactured articles can be
stored outdoors, the Seller will be relieved from any liability, all
warranties will be void, and the handling and storing costs will
be debited in the measure of 1% of the value of the produced
articles for every week of deposit; the Seller has also the right
to ship the manufactured articles to the Buyer's destination or
store them at the expenses of the latter.
After eight days from issuing the notice that the goods are
ready for pick up, a regular invoice will be issued, and the
payment terms will become in effect.
The Buyer must check the manufactured goods upon delivery.
The manufactured goods, even if delivered free at destination,
always travel at the risk of the Buyer.
Possible apparent defects and missing parts must be notified
upon delivery to prevent the voiding of the
warranty, by writing a note in the packing list.
The operations indicated in Annex A of this AIPPEG General
Sales Conditions, in addition to unloading and assembly ones,
regardless of the destination place of the goods, if not
otherwise agreed, are carried out with care and at the Buyer’s
liability, by carefully following the instructions supplied by the
Seller on this regard.
Possible deposit, storage or waiting expenses must be paid by
the Buyer, also in case the goods are
delivered free at destination and transport takes place with the
seller’s means or with means commissioned by the latter.
4. Packaging
The materials are supplied with no packaging. Possible
packaging must be requested when the order is placed and
they will be included in the invoice.
5. Tolerances
The Buyer accepts the tolerances indicated on the Seller’s
catalogues and/or technical sheets (last edition).
6. Warranties
Claims of any kind, except for those foreseen in previous point
3, must be brought forward in writing
(registered letter or telegram) to the Seller within eight days
from receiving the products; after said term the Buyer will lose
any right to the warranty for defects and/or quality issues
and/or differences in the products sold.
Claims must be described in details, in order to allow the Seller
to carry out a quick and complete assessment. The
manufactured products object of claim must be made available
to the Seller in the condition in which they were delivered, in
compliance with the “rules on moving, handling and storing”
indicated in Annex A of this “General Sales Conditions” and
possible particular instructions supplied by the Seller.
The manufactured products that boast obvious defects must
not be used by the Buyer; the Buyer will lose any warranty if he
uses them.
If the manufactured products supplied are not suitable for the
use to which they should be destined, they will be substituted
at the destination agreed in the contract.
It is excluded the Buyer’s right to terminate the agreement and
it is also excluded any Seller’s liability for direct and/or indirect
damages possibly suffered by the Buyer, except for what
foreseen by art. 1229 of the Civil Code.
In case of supplies split into different batches, possible claims,
even if brought forward within a reasonable time, will not relieve
the Buyer from the obligation to pick up the remaining quantity
of ordered products.
In case claims are groundless, the Seller will debit the expenses
for the assessments and possible inspections to the Buyer, also
of third parties.
The Seller guarantees compliance of the manufactured
products sold, to the specifications included in his catalogues
and/or technical sheets (last edition).
With regards to manufactured products covered with organic
material, the warranty relative to the finish consists of the
following, upon the Seller’s decision:
- execution of restoring works by the Seller or
- sharing of restoring expenses for an amount not higher than
three times the original price of the organic cover boasting
defects; the shared amount of the expenses, as determined
above, will be progressively reduced based on the period of
use of the delivered product.
With regards to metal surfaces with no organic finish, no
warranty is released, aside from their compliance to applicable
standards; the Seller is relieved from any liability relative to the
occurrence of oxidation phenomena, since these are expected
phenomena.
The warranty acquitted by the Seller will not be renewed for
repaired parts.
The Seller is not liable in case of repairs performed by third
parties.
Particular warranties and/or certificates can be released if
specifically requested by the Buyer, upon placing of the order.
Each warranty is void in case of non compliant use with
“performance” characteristics, and in case of non compliance
with the “rules on moving, handling and storing” indicated in
Annex A and possible particular instructions supplied by the
Seller, and also in case accessories are used for functional
purposes (such as for example: anchoring systems, pads, fretlock,
ridge tiles, ridge caps, etc) which are not supplied and/or
expressly approved by the Seller.
The calculation data, the values in the tables, list of materials,
graphic designs, and any other document supplied by the
Seller, will be deemed as simple guiding elements and will not
involve any liability for the Seller, since according to definition
and legislation, the design, works administration and testing
are tasks exclusively carried out by the Buyer.
The Seller has the right to apply changes or technical
improvements to his production which are deemed
7. Price review
The prices are calculated based on the costs in effect on the
date.
In case price increases higher than 2% of the cost of
manufactured products may occur, the prices will be reviewed;
said revision will be applied when invoicing, with full
acknowledgement of the actual variation according to the
percentage incidences indicated below:
- corrugated sheets: 10% labour, 90% metal
- panels: 10% labour, 30% insulating components, 60%
external hangings.
With regards to labour, reference will be made to A.N.I.M.A.
tables: with regards to metals, reference will be made to the list
of C.C.I.A.A. of Milan; with regards to insulating components
and other raw materials, reference will be made to the
statement of the Seller’s Supplier.
With regards to accessories, the review will be performed by
applying the possible variations of the official
ISTAT index relative to the cost of life.
In case split deliveries are foreseen, the price review will only be
applied to the manufactured products delivered after the price
increases.
8. Payments
Payments must be made at the Seller’s offices. The collection
by the Seller of amounts paid when the order is placed, does not
constitute acceptance of the latter.
The Seller, in case of rejection or the order, will return the
amounts collected without interests.
In case the Buyer is in default, the amounts paid in advanced
will be retained by the Seller as deposit, aside from the right to
indemnity for larger damages; in case the Seller is in default,
double of the amount paid as deposit by the Buyer will be
returned, with the exclusion of any right to indemnity for possible
additional damages.
In case of payments emitted late, the Buyer must pay default
interests, as set forth by L.D. 231/02, in addition to refund costs,
at the official reference rate increased by seven points, starting
from the expiry date of the agreed term.
Possible claims or complains brought forward in a friendly or
legal manner, will not give right to suspend payments.
In case the payment for manufactured products takes place
through drafts or securities (cheques, drafts, etc.), these must
be received at the Seller's office prior to or when the
manufactured products are picked up.
In case no payment is issued on the agreed date even if for only
part of the price, the Buyer will lose the right for extended
payments (“term benefit”) even for supplies in progress; in
addition, the Seller may apply articles 1460 and 1461 of the Civil
Code.
The statement sent by the Seller is deemed accepted by the
Buyer if not contested within fifteen days
from receipt.
9. Withdrawal from the agreement
In addition to the case foreseen in previous point 3, the Seller
has the faculty to withdraw from the agreement in case facts or
events occur that alter the stability of markets, the currency
value, the conditions of industries producing raw materials and
stock up conditions.
The Seller has the faculty to withdraw from the agreement
without paying any fee, should it become aware of the
existence of bill protests, and monitory, ordinary, and legal
proceedings even of extra-judicial type, brought forward
against the Buyer.
10. Regulatory provisions
What is not expressly regulated by this "General Sales
Conditions", will be regulated by the sales provisions foreseen
by articles 1470 and subsequent ones of the Civil Code, also in
case of supply on site of the manufactured products.
11. Competent court
Any controversy deriving from the interpretation, application,
execution, resolution of the agreement and/or this “General
Sales Conditions” or anyhow relative to it, will be devolved
exclusively to the competence of the Court where the Seller's
legal office is located, also in case of event relations.
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