Ref. FTO – REV. 06/2014

ARMO SPA – GENERAL TERMS AND CONDITIONS OF SUPPLY – valid from 01/06/2014 until revision

 

Chapter 1 – Terms and conditions of supply

These terms and conditions of supply (“General Conditions”) govern the orders and contracts stipulated by ARMO SPA, unless otherwise agreed in writing between the parties.

  1. General provisions

Our supplies are governed solely by these General Conditions of sale and the order request by the Customer implies knowledge of, acceptance of and reference to the clauses outlined below. Any terms and conditions that contradict our General Conditions or deviate from them will not be considered valid, unless expressly approved and signed for by both parties. These General Conditions will also govern all future deliveries to the customer until any new general conditions of product supply by ARMO come into force.

  1. Order and acceptance

The order must indicate all the technical characteristics of the product. If none are indicated, ARMO will adhere to its Production Standard. Any technical specifications not included in the order definition phase will not be taken into consideration; similarly, complaints about product features or uses not included or specified in the order will not be accepted.

The order is deemed to be accepted and approved when the purchaser receives formal confirmation from ARMO. Any revisions to the order are valid only if confirmed in writing by both parties, if not they will be deemed invalid. If the order is cancelled after confirmation or in the event of non-compliance, a penalty to the sum of at least 10% of the order value will be applied.

  1. Terms of delivery

The terms of preparation and shipping indicated on our order confirmation are not binding and must, therefore, be considered merely as an indication. Any delays cannot, therefore, under any circumstances, lead to compensation for damages or even partial resolution of the contract.

  1. Method of delivery

Unless otherwise agreed and as clearly indicated and approved in the order, the delivery of the materials will take place exclusively at our production facilities; the delivery time will be deemed to have been respected upon notification that the goods are ready. The goods, even if sold with shipment DDP, are always transported at the Customer’s total risk. The latter must, therefore, check the goods upon arrival and lodge a complaint with the carrier for any damage, missing articles or defect by making a note on the transport document. Failure to do so will waive the possibility of making a claim.

The goods are intended delivered on vehicles, the unloading and their subsequent sorting must be carried out using appropriate equipment and skilled labour provided by the Customer, without any charge to Armo S.p.A.

  1. Price and conditions of payment

The price of the supply is the one indicated in the order confirmation and subsequent invoices. Armo ensures receipt of payment through the company, Viscontea, which is part of the Coface Group. The payment conditions will be conclusively ratified only after approval by the credit insurance institute. If adequate coverage is not granted for the entire amount of the order, guaranteed forms of payment will be applied (down payment, bank guarantees, etc.) to the part in excess. Insurance cover is not a credit concession. Our invoices are binding, and the terms, amounts and payment conditions indicated are indispensable and must be strictly adhered to. Failure or delay to comply with said invoices, even partially, will give ARMO the right to terminate the contract.

For each payment delay, the Purchaser will pay the default interest of two percent above the base interest rate. ARMO does not exclude the right to make claims for damages.

  1. Complaints and reports of faults

The Customer is obliged to notify ARMO, in writing, of any defect: the warranty is void if the Customer does not report the defect within eight days of discovery. If the report about the defect is shown to be unfounded, ARMO has the right to ask the Customer for compensation for any expenses incurred.

  1. Duration and warranty application

The warranty has a duration of twenty-four months from delivery. If the claim is made promptly and is founded, ARMO’s sole obligation is to replace the goods recognised as defective in the same place of delivery as the original delivery, upon return of the defective goods. The cost of transportation and/or travel expenses of ARMO personnel are excluded. Any right by the Purchaser to request termination of the contract or the reduction of the price and, in any case, compensation for damages and reimbursement of expenses incurred in any way whatsoever is excluded. Complaints do not entitle the Purchaser to suspend payment of the invoice relating to the disputed goods and the warranty will be effective only if the payment terms are respected by the Purchaser. No parts are covered by the warranty that are deemed to be defective due to negligence or inappropriate use (failure to follow the instructions for operating the machine), unauthorised modifications, incorrect installation or maintenance not performed by authorised personnel and damage during transportation, i.e. any circumstances that cannot be attributed to manufacturing defects.

  1. Applicable law and competent judicial authority

All relations between ARMO and the Customer are binding and will only be interpreted in compliance with Italian law. The Court of Turin, Italy has exclusive jurisdiction for any dispute relating to sales or supplies and relevant contracts and obligations concluded with our company.

  1. Personal data protection

As foreseen by the GDPR, we hereby inform the Customer that the personal data provided will only be used for the fulfilment of contractual obligations. The customer may exercise the rights envisaged in the GDPR, such as the correction, update and cancellation of his data. The data controller is Armo S.p.A., with registered offices in Via Rosa di Luxemburg 1, 10093 Collegno (TO), Italy.

  1. Negotiation of clauses

The parties acknowledge and agree that all the provisions of these General Conditions have been the subject of negotiation between the parties. Voiding one or more of the above-mentioned clauses does not, however, entail the voiding of the General Conditions of Supply. The customer hereby acknowledges that he has read and fully understood the meaning of these Conditions.

 

These Conditions of Supply are written in Italian with a translation in English, French and German. In the event of a discrepancy, the contents in Italian will always take precedence over the translated versions.