1. ORDER PROPOSAL AND CONFIRMATION
The customer requests the products by submitting an order proposal. Mec sas replies to the request by sending the order confirmation containing the details of the goods to be supplied and the other conditions. The contract is considered to be stipulated when the order confirmation prepared by Mec sas and signed by the customer arrives at the domicile of the seller within 48 hours from the date in which the confirmation was sent to the customer. If, prior to shipment of the goods ordered, variations should be made to the purchase costs resulting from added customs charges and/or taxes or from monetary devaluation, Mec sas shall be entitled to modify the prices referred to in the order confirmation, giving notice thereof to the buyer. If the latter does not intend to accept the new prices, the original proposal shall be deemed void only in relation to the articles covered by the variation in question, without any right of the proposing buyer to receive compensation or indemnification of any sort.
The prices, unless otherwise agreed, shall be those listed in the current price list and are to be understood ex-works.
Payments must be made according to the method and terms agreed herein. No late payments are admissible, even if the buyer deems to be entitled to claims or rights. Upon the first non- or late payment of an instalment agreed in the contract, the buyer automatically loses the benefit of the term and Mec sas can take action at its unchallengeable discretion to either collect the unpaid sum or the entire residual difference. In the case of deferred payment with bank receipts or other method of payment, the buyer shall be required to pay the processing fees charged to Mec sas by the banking institution.
In case of delayed payment, Mec sas shall charge the buyer default interest due by law and any banking fees paid.
5. DELIVERY TERMS
The terms of delivery indicated in the order confirmations are only indicative, not binding and do not include transportation time. Acts of God (lack of electricity, raw materials, transportation means, etc.) and any administrative irregularities committed by the buyer (failure hitherto to comply with the payment deadlines, etc.) authorise Mec sas to postpone, terminate and/or cancel deliveries. Mec sas shall not incur any liability in the event of shipment of the goods past the agreed terms. Mec sas shall notify the customer when the goods are delivered to the carrier. Any special requests concerning the delivery must be submitted to Mec sas within 12 hours of delivery notice and must be specifically approved by the seller, which has the right to charge any additional costs for their provision. If the buyer does not collect the goods within 30 days from the expiry of the term stated in the order, the seller shall be entitled to consider the contract as lawfully terminated, pursuant to art. 1456 of the Italian civil code, or to sell the goods by means of a bailiff, according to the procedure and forms of art. 1515 of the Italian civil code, without prejudice to the right to take action in order to collect the price of sale and, in any case, file request for the compensation of damages.
The goods are loaded and transported at the buyer‘s risk, even in case of supplies made „ex-works“. Any loss or damage to the materials shipped are always borne by the recipient, who must request compensation of damages to the carrier. In case of special delivery requirements with hydraulic lift or in poorly accessible areas (to be specified always at the time of order), Mec sas shall apply additional surcharges, depending on the given case.
Mec sas guarantees the products sold for one (1) year from the date of delivery, provided that proper use is made thereof. The warranty is limited to repairs or replacements of defective parts ex-works for material or manufacturing flaws verified and acknowledged by Mec sas. Replaced parts shall remain the property of Mec sas. The cost of labour for repairs and costs incurred by Mec sas for staff transfers shall be borne by the customer, as well as the cost of shipping and transportation. All other compensation is excluded, and the customer is by no means entitled to file claims for direct and/or indirect damages of any nature and kind. The warranty does not cover electrical parts, consumables, or anything that may be damaged by misuse, negligence and improper manoeuvres. The warranty is void if the buyer is not up-to-date with payments and in the event of repaired products disassembled or modified without authorisation.
8. COMPETITION AND TRANSFER OF RIGHTS
The buyer agrees to sell the goods at the point of sale indicated in the order confirmation and not to transfer the goods purchased to another retailer without prior and specific consent in writing of the seller. In the event of default, Mec sas reserves the right to stop any further supply, without prejudice to its right to receive compensation for the damage suffered. In any case, transfer of the contract for any reason whatsoever by the buyer, including those contemplated by art. 2558 of the Italian civil code, shall be considered valid reason for lawful termination of
the contract of sale with the buyer.
9. PLACE OF JURISDICTION
The contract concluded in accordance with these terms and conditions shall be governed by Italian law. Any disputes concerning the supplies shall be settled exclusively by the Court of Rimini.