Termini e condizioni
MASSUCCO T. S.R.L.
GENERAL SALE CONDITIONS
Art. 1 – RECITALS: The present General Conditions of Sale shall regulate all present and future contracts of sale between the Seller and the Purchaser. When the General Conditions apply to a specific contract, modifications or deviations from them must be agreed in writing. The products are used and sold with the features described on the website, according to these General Conditions of Sale. Prices and products may vary so the Purchaser is asked to check the price before sending the order.
Art. 2 – PURCHASE ORDER:2.1 In order to conclude any purchase of Products, after creating an account, or logging on if the Purchaser is already registered, the Purchaser shall fill out the order form (hereinafter “Order Form”) and complete the payment transaction following the instructions established by the Seller. 2.2 The Order Form contains a link to the General Conditions, a summary of information on the characteristics of each product ordered, its price (including VAT if applicable), the means of payment accepted to purchase each Product and the terms and delivery of any purchased product. 2.3 The Seller, once received the Order Form, reserves the right at its discretion to refuse the order, providing for the refund of the amount paid by the Purchaser. In all other cases, the Seller accepts the Purchaser’s proposal by sending a written Order Confirmation containing the terms and conditions in a printable format and a copy of the order, to the email address that the Purchaser specified when creating an account. 2.4 Before proceeding with any Product by transmitting the Order Form, the Purchaser shall read and accept these General Condition of Sale.
Art. 3 – PRICES: 3.1. The prices are those indicated by the Seller in its website. The prices do not include national or foreign taxes and duties. The prices do not include any transport, postage or insurance costs related to the chosen Incoterm conditions, which are separately added to the chart depending on the place where the Purchaser has its seat. 3.2. No modifications to the Products can be requested by the Purchaser. 3.3. The Seller can modify the sale prices indicated in the website at his own discretion at any time.
Art. 4 – PAYMENT: 4.1. Payments can be made by credit card, wire transfer or _______, to be made in advance at the moment of submission of the Order Form. 4.2. In case of payment by wire transfer, the payment shall be deemed made only when the Seller receives the amounts in his bank account. In case of unavailability of funds or refusals of the payments for any reason whatsoever, the Order shall be rejected by the Seller.
Art. 5 – DELIVERY: 5.1. The Seller will deliver the Products within ____ (____) working days of receipt of the payment from the Purchaser. 5.2. The Supplier will not incur in any responsibility in case of delivery beyond the term agreed with the Purchaser. Therefore, in case of delay in the goods delivery, the Supplier will not recognize any right to compensation of direct or indirect damages and/or to the termination of the Contract to the Purchaser, who undertakes to waive this right as of now. 5.3. The delivery term shall be _______ (ICC INCOTERMS 2020).
Art. 6 – CLAIMS AND WARRANTY: 6.1 The Purchaser acknowledges to be aware that the Products are second hand and used. Therefore, the Purchaser hereby acknowledges and accepts that, to the maximum extent permitted by law, the Products are purchased on an “as is” basis, without any representation or warranty of any kind or nature, either express, implied or otherwise, including any warranty of merchantability, habitability or fitness for a particular purpose. 6.2 The Purchaser expressly accepts to waive any possible form of legal warranty on the Products whatsoever, without prejudice to the provision stated under art. 1490, co. II, of Italian Civil Code.
Art. 7 – TECHNICAL REGULATIONS AND RESPONSIBILITY FOR DAMAGES CAUSED BY THE PRODUCTS: 7.1. The Seller, with the exception of his proved severe negligence or wilful misconduct, shall not be held responsible for any damage to people or things caused by the Products. If the Seller will fall into these responsibilities, the Purchaser shall refund and defend the Seller. 7.2. The Purchaser shall keep the Seller updated on any law/regulation that shall have to be respected or about any import permit or other kind of license that shall be requested by his legislation directly to the Seller and shall strictly cooperate with the Seller in order to obtain it.
general not to use it for purposes other than those provided under these General Terms and Conditions.
Art. 8 – FORCE MAJEURE AND HARDSHIP: 8.1. The Seller shall be authorized to abstain from performing any of its obligations under these General Sale Conditions for a period no longer than 45 days due to the following circumstances: commercial disputes, events of Force Majeure, such as fires, wars (both declared and undeclared), general military mobilizations, insurrections, seizures, requisitions, energy use restrictions, transport perturbations, strikes, lock out, stop of production due to technical causes, defects or delays in the delivery by suppliers and any other events which could not be expected, avoided and overcome. If the event of force majeure will last for more than 45 days, the Purchaser shall be authorized to terminate the contract notifying the party facing this hindrance of such a termination by means of registered letter with return receipt. 8.2. The Purchaser acknowledge and accept that, concerning the world emergency situation due to the COVID-19 pandemic and, considering the containment measures adopted and to be adopted by domestic laws and regulations, the Seller eventually affected by the consequences of the above-mentioned measures will not be held responsible for the total or partial non-performance and/or delayed performance of the obligations arising from these General Terms and Conditions and deriving from the aforementioned pandemic and related consequences, also in case of any future recrudescence that the pandemic / epidemic might have. 8.3 In the event of delays and/or non-fulfilments of any obligation arising from these General Terms and Conditions caused by – or related to the contingent emergency situation due to the COVID-19 pandemic, the Purchaser recognizes and accepts that the execution of the mutual obligations will be temporarily suspended until the end of the security measures mentioned above and any other measures that may be issued which would affect the normal execution of these General Terms and Conditions. In any case of delays and/or non-fulfilments of any obligation arising from these General Terms and Conditions which will be caused by – or connected to the contingent emergency situation due the COVID-19 pandemic, Purchaser irrevocably agree that it is excluded and renounced any liability for damages (direct or indirect) which the Parties may suffer. However, in case the delay exceeds 45 (fourty-five) calendar days, the Purchaser shall be entitled to terminate the Order and receive restitution of the amounts paid to the Seller.
Art.9 – MISCELLANEOUS: 9.1.These General Sale Conditions will not be transferable or assignable by the Purchaser without the express prior written consent by The Seller. 9.2. These General Sale Conditions supersede all previous negotiations, agreements, commitments, written or verbal, between the parties and shall be released, discharged, changed or modified only by instructions signed by the duly authorized representatives of each of the parties.
Art. 10 – COMPETENT COURT: 10.1. Parties agree that, depending on the Country in which the Purchaser has its seat, any dispute between the Parties relating to or in connection with this General Conditions and to the agreement regulated by them shall be settled by:
For Purchaser with legal seat in an EU Country: any dispute shall be settled before the Court of Torino
For Purchaser with legal seat in an extra EU Country: dispute concerning the interpretation and execution of these General Conditions shall be referred to and finally resolved by arbitration administered by the Rule and Regulation of the International Chamber of Commerce (ICC) by a sole arbiter appointed under said rules. Seat of Arbitration shall be Geneva (Switzerland), language of arbitration shall be English. The award shall be final and binding upon the Parties.
For Purchaser with legal seat in China: any dispute concerning the interpretation and execution of these General Conditions shall be referred to and finally resolved by arbitration administered by CIETAC (China International Economic and Trade Arbitration Commission) by a sole arbiter appointed under said rules. Seat of Arbitration shall be Shangai (China), language of arbitration shall be English. The award shall be final and binding upon the Parties.
For Purchasers with legal seat in Hong Kong: any dispute concerning the interpretation and execution of these General Conditions shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The numbers of Arbitrators shall be one (1). Seat of arbitration shall be Hong Kong. Language of Arbitration shall be English. The award shall be final and binding for both the Parties.
For Purchaser with legal seat in United Arab Emirates and Gulf Countries: any dispute concerning the interpretation and execution of these General Conditions shall be referred to and finally resolved by arbitration administered by the Rules and Regulation of DIAC (Dubai International Arbitration Center) by a sole arbiter appointed under said rules, by a sola arbiter appointed under said rules. Seat of Arbitration shall be Dubai (UAE), language of arbitration shall be English. The award shall be final and binding upon the Parties.
ART. 11 – APPLICABLE LAW 1.1 The contracts governed by this General Sale Conditions shall be regulated and interpreted in accordance with the United Nations Convention on Contracts for the International Sale of Goods (CISG) – Vienna 1980. All the aspects not provided for the above-mentioned Convention shall be regulated and interpreted in accordance with the Italian Law. If the Purchaser’s legal seat is located in a Country that does not allow the choice of law, the applicable law shall be the one of such Country.
If the Seller will not receive these General Sale Conditions signed by the Purchaser within 3 (three) working days from the sending, the Seller shall consider accepted all the above-mentioned articles.
The parties expressly approve the follow articles: 4 (payment), 5 (delivery), 6 (claims and warranty), 7 (technical regulations and responsibility for damages caused by the products), 8 (force majeure e hardship), 9 (miscellaneous) e 10 (competent court) 11 (applicable law).