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Via Santagata 73
Centro Direzionale Contemporanea
81055 Santa Maria C.V. (CE)
General Sales Condition
© 2020 Radio Controlli. VAT IT03939360610 All right reserved.
These General Sale Conditions apply to and form an integral part of all quotations, offers and other agreements, signed either in Italy or abroad, between any Buyer and Radiocontrolli S.r.l. These General Sale Conditions or any other particular condition set by Radiocontrolli S.r.l, are accepted by the Buyer, and any terms and conditions set by the Buyer (including its General Sale/Purchase Conditions) are explicitly rejected and disregarded by Radiocontrolli S.r.l., and any such document shall be wholly inapplicable to any sale made by Radiocontrolli S.r.l. unless explicitly agreed otherwise in writing.
Unless otherwise contractually agreed, prices are those listed in Radiocontrolli S.r.l.’s price-list; and comunicated to the customer, however they can be modified by Radiocontrolli S.r.l. without any advance notice. The price of customised products or products not written in Radiocontrolli S.r.l.’s Products price list will be fixed by Radiocontrolli S.r.l. from time to time. Orders, albeit confirmed, will be accepted unless prospective price increase due to suppliers or to circumstances not depending on Radiocontrolli S.r.l..If the price raise between the offer and the delivery date of the Products is due to a delay depending on the Buyer, the latter will pay the increased price. All mentioned prices are “ex works” (INCOTERMS 2000), excluding packaging, shipping, VAT, taxes and duties.
3. Conclusion of the contract, conveyance and product withdrawal
The contract is concluded with the sending by Radiocontrolli of the document denominated " Order Confirmation" to confirm the order issued by the customer or with the execution of the shipments. In the "order confirmation" will be comunictae the delivery date.All contracts are signed at Radiocontrolli S.r.l.’s office in Santa Maria C.V. (CE), Italy. Unless otherwise agreed in writing, each order of the latter shall be dealt with an EX-WORKS delivery (Incoterms 2000 and subsequent additions); shipment costs will be charged to the Buyer in the invoice. Insurance coverage on products will be for the total value, in name and with complete risk of the Buyer, even when on Radiocontrolli S.r.l.’s charge.The Buyer acknowledges and admits that Radiocontrolli S.r.l.’s account books are conclusive evidence of acknowledgement of debt and the rebuttal evidence is on his charge.
4. Delivery Time
Delivery terms are those specified in Radiocontrolli S.r.l. order confirmation unless force majeure cases; in any event the Buyer shall not consider those terms essential. Each order or delivery is independent from other orders or deliveries. Radiocontrolli S.r.l. has the faculty to execute orders also through partial deliveries. In case the Buyer refuses a partial delivery, the latter has to notice it previously in writing. In case the Buyer wants to early terminate the contract because of a delivery delay, he shall send Radiocontrolli S.r.l. a 15 days notice in order to execute the owed order or the partial order. The contract will come to an early termination if Radiocontrolli S.r.l. will not provide the delivery in the assigned new term. Unless the Buyer has previously noticed, as stated in subsection 6.2, that he accepts only the complete execution of the order, he cannot refuse or delay payment of delivered products, albeit as a order partial execution.
Claims about defectiveness of delivered products shall be noticed to Radiocontrolli S.r.l. in writing within 10 days from delivery date. In default of such com munication products are intended adequate and accepted. The Buyer cannot raise any exception in order to avoid or to delay his due performance unless after the integral payment of the price and, however, never in a debt recovery trial. No claim can ever justify a delay or a missing payment. In case of breach of contract or discharge by breach because of Buyer’s fault, Radiocontrolli S.r.l. will receive a forfait compensation equal to 10% of total sale price, with the exception of the compensation of further damages.
6. Returned goods
Any returned goods shall only be accepted if previously authorized by Radiocontrolli S.r.l.. In any case shall always be carriage–paid.
All the amounts indicated in invoices are to be considered after taxes and without any discount. Payment terms are those indicated on the invoices sent to the Buyer. In any case agreed payment terms are not respected, Radiocontrolli S.r.l., has the faculty to modify deliveries payment offers and the related future orders under its own ISO procedure.
The Buyer may accede to a credit line for postponed payments only if the analysis made by Credit Dept. will be successful. Radiocontrolli S.r.l. has the faculty to ask for documents necessary to the access to the credit line. Radiocontrolli S.r.l. will decide the amount of the credit line and the payment terms. The missing, omitted, delayed or partial payment at the date indicated in the invoice or in the debit note, every request of payment deferment or every other event causing a breach of contract, will cause the expiration of agreed payment terms, making Radiocontrolli S.r.l.’s credit immediately collectible. In such case Radiocontrolli S.r.l. has the faculty to interrupt all the future deliveries. Radiocontrolli S.r.l. has the faculty, in case of missing payment within the agreed terms, even of only one invoice, to revoke or decrease the credit line above. Moreover, in case of missing or delayed payment, Radiocontrolli S.r.l. has the faculty to ask in writing for an early termination of the contract and the related damages in charge of the Buyer. Every order or delivery is independent from the others. In case of litigation between Radiocontrolli S.r.l. and the Buyer cannot justify any disruption of invoice payment. Unless the case stated under section 6.2, Radiocontrolli S.r.l. has the faculty to issue partial invoices based on delivered products. Unless otherwise agreed in writing, the missing or the partial payment within the agreed term will cause the application of delay interests of B.C.E. rate increased of 5% plus bank expenses. Under the circumstances stated in art. 1186 of italian civil code or in case of events that change negatively Buyer’s economic or financial situation thereby to endanger Radiocontrolli S.r.l.’s debt recovery chances, the latter has the faculty to act immediately for the recovery of its debt without any previous notice. Claims about invoices shall be noticed in writing within 10 days from the date of receipt. Otherwise invoices are considered accepted without reserve.
The warranty is valid 12 months from delivery. During this period Radiocontrolli S.r.l. will repair or replace the goods recognised in our unquestionable opinion as having manufacturing defects, rejecting any responsibility of direct or indirect damages. All products to be repaired must be returned carriage-paid to Radiocontrolli S.r.l.. The guarantee is invalidated if the product shows signs of tampering.
Every order sent or fulfilled implies total acceptance of all the above mentioned conditions
Buyers who buy products with software inside cannot copy, modify, recompile, use it improperly or for purposes different from those stated for the normal use of the product. If necessary the Buyer must ask for Radiocontrolli S.r.l. support. If Third Party’s software is embedded in Radiocontrolli S.r.l.’s software, the latter can guarantee only for its licences. If other Third Party’s licenses are needed, the Buyer will provide for those.
11. Intellectual Property
Unless otherwise agreed in writing, the sale and the purchase of the products will not entitle the Buyer of any right, faculty or interest or license for trademarks, even not registered, or any other intellectual property right owned by Radiocontrolli S.r.l..
Under what stated in art. 13 of D.Lgs. 196/03, the Buyer accept the information treatment of personal data communicated during the pre-contractual and following steps and admit to know his rights stated in art. 7 of D.Lgs. 196/03.
13. Jurisdiction and applicable law
The competent law courts of Santa Maria C.V. (CE) shall have exclusive jurisdiction in any action arising out of or in connection with this contract. Every contract is governed by the laws of Italy.