Our General Terms and Conditions of Sale shall exclusively apply to all contracts between us and our clients, unless special agreements to the contrary have been made in individual cases. Any agreement affecting the execution of this contract must be in writing.
We reserve the right to adapt prices, for confirmed orders as well, to reflect any increase in our costs, for any reason beyond our control, like force majeure, shortage of primary material or labor, strikes, official orders, transportation or similar problems, if this increase happens after confirmation of order but before delivery of goods. The currency of the contracts shall be in Euro, if no other arrangements have been made. All deliveries or work not contained in the contract or in the respective quotation require extra costs. The payment date shall mean the date of the SWIFT transaction report of the seller’s bank.
- Terms of Delivery
- Delivery time for technological documentation (the project) depends on the complexity of the project and will be further mentioned in the concluded contract.
Delivery time for equipments and machines specified in the contract depends on the size of the project and occurs from from the date of the first payment according to the contract. The equipments, machines delivered by Tecnocereal s.r.l. shall be considered as being accepted if the customer does not place any claims in writing within two weeks from delivery date. After the deliveries have been accepted by the customer, Tecnocereal s.r.l. shall be released from all responsibilities with the exception of the guarantee mentioned in the contract. Tecnocereal srl will remain the owner of all it’s deliveries (machines, equipments, spare parts and accessories) until the payment of the full purchased will be payed.
- Place of delivery: at the address specified by the customer in each contract.
Tecnocereal srl guarantees it’s projects and equipments for a period of one year, from the beginning of operations. Under this guarantee it undertakes to supply new parts in replacement of the damaged ones, as quickly as possible. The guarantee given by Tecnocereal S.R.L. is conditioned by prompt payments, upon agreed conditions of the contract of sale and, moreover, that the directions regarding handling and maintenance of the equipments are followed according to Tecnocereal s.r.l. instructions. The guarantee does not cover normal wear and tear nor any defects conditioned by faulty erection if made by the customer, and it is understood that the guarantee will cease if any changes or repairs on the equipment are made by the customer or third parties without the approval of Tecnocereal s.r.l., furthermore, Tecnocereal s.r.l. will not be responsible for damage and accidents caused by faulty or destructive treatment, excessive strain , use of inappropriate materials or for a different product then the one specified in the contract or force majeure.
Any liability of Tecnocereal s.r.l. is excluded for defective of insufficient operations of a plant (including any loses of raw materials) during or after expiration of the guarantee period as well as for any delay of the erection or start of operation, for breakdowns and shut downs caused by inadequate replacements, by exchange or taking back of deliveries for repairs , also is excluded all other not expressly agreed upon guarantee. Therefore, all claim for damages for any reason whatsoever, whether direct or indirect, and/or for losses in income due to any kind of default or resulting from the contract of sale, are excluded in all cases. For all products which are sold by Tecnocereal s.r.l., but manufactured by third parties and marked as such, the guarantee conditions of the respective manufacturer are applicable.
All plans supplied by Tecnocereal s.r.l. remain their propriety and must not be made accessible to a third party, especially not to competitors. If the order should not be given, all the plans supplied by Tecnocereal s.r.l., are to be returned to them.
- Technical Advises
Our technical consulting is given according to our best knowledge and experience. Buyer is obliged to apply due diligence in verifying applicability of our advice to his special conditions of production or application. Concerning our technical advises, we will only be liable for damages caused by gross negligence or deliberate acts from our part or by our lawful representatives or auxiliary persons. Unless intentional violation of contract has been proven, we will only be liable for damages that occur foreseeable and typically.
- Rights of Propriety
Tecnocereal s.r.l. will remain the owner of all it’s deliveries (machines, equipments, spare parts and accessories) until the payment of the full purchased will be paid.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.