Terms and Conditions of Sale
The sale of products by Elettrotek Kabel S.p.A. (hereinafter also “EK” or “Supplier”) is subject to these terms and conditions (“Conditions”) regardless of different or additional terms or conditions that conflict with or contradict this Conditions contained in any purchase order, document, or other communication from customer (“Customer”). Pre-printed terms and conditions on any document of customer - included, but not limited to, orders or confirmations - and/or Elettrotek Kabel S.p.A.’s failure to object to conflicting or additional terms will not change or add to these Conditions.
1.OFFER
1.1 The specific offers proposed by Elettrotek Kabel S.p.A. may be accepted by the Customer within the terms of the offer, unless they are withdrawn before the expiry of those terms.
1.2 Without prejudice to the provisions of previous paragraph, the offer is subjected to the confirmation of EK, subsequent to the acceptance of the Customer.
2.ORDERS
2.1 All orders are subject to acceptance by the Supplier Elettrotek Kabel S.p.A.
2.2 Contracts between Customer and Elettrotek Kabel S.p.A. are formed upon Elettrotek Kabel S.p.A.’s order’s confirmation and shall be subject to these Conditions.
2.3 Any changes requested by the Customer after the order confirmation will not be valid unless accepted in writing by Elettrotek Kabel S.p.A.
2.4 All orders are subject to a minimum order charge which varies according to product and which is subject to periodic revision.
2.5 The cancelation of the order will be evaluated by Elettrotek Kabel S.p.A., and, further to the check on the status of the order, could be accepted by Elettrotek Kabel S.p.A., which will reserve the possibility to request of a compensation, determined as follows:
- if the cancelation notice is received by Elettrotek Kabel S.p.A. in the 5 days preceding the delivery date (with such final day excluded from the calculation) indicated by Elettrotek Kabel S.p.A. (“Frozen Zone”) the Customer will have to pay the entire price;
- if the cancelation notice is received between 6 and 30 days preceding the delivery date (with such final day excluded from the calculation) indicated by Elettrotek Kabel S.p.A., the Supplier will apply a penalty between 50% and 80% of the price of the products, which will be paid according to the terms indicated by preceding the delivery date indicated by EK;
- Residually, If the cancelation notice is received more than 30 days before the date of delivery, Elettrotek Kabel S.p.A. reserves the right to request the reimbursement of any handling and storage costs incurred by the Company.
2.6 In the event of a request to suspend the delivery exceeding 30 days from the delivery date originally scheduled, Elettrotek Kabel S.p.A. will reserve the right to charge any cost of storage of goods
3.PRICES AND CONDITIONS OF SALE
3.1 The prices communicated by Elettrotek Kabel S.p.A. are subject to alteration or withdrawal without notice.
3.2 Prices quoted include copper, any drum/reel and outer packing unless otherwise specified in the offer.
3.3 If there are any special requirements with regard to despatch or delivery Elettrotek Kabel S.p.A. reserves the right to levy and extra charge therefore.
4.TERMS OF PAYMENT
4.1 Payment of the total invoice amount, without offsets or deduction, is due according to the terms indicated in the invoice.
4.2 The choice of the payment method is made by Elettrotek Kabel S.p.A., at its own discretion; any specific request made by the Customer will be evaluated Elettrotek Kabel S.p.A. and will be effective only if approved in writing by Elettrotek Kabel S.p.A.
4.3 Any possible claim regarding the supplied products shall not exempt the Customer from complying with the set terms of payment.
4.4 On any past due invoice, Elettrotek Kabel S.p.A. will charge overdue interest according to Legislative Decree 231/2002 at the applicable rate from the payment due date to the date of payment.
4.5 Elettrotek Kabel S.p.A., moreover, reserves the right to suspend any outstanding orders of Customer in case this defaults to pay defaults on any payment under these Conditions.
5.TERMS OF DELIVERY
5.1 The term of delivery is only indicative, and may in no circumstances be considered essential according to art. 1457 of the Italian Civil Code; the Customer may not request any penalty for late delivery.
5.2 The term of delivery is in any case calculated from the date in which the Customer will have supplied all the necessary information for the carrying-out of the order.
5.3 Circumstances beyond the control of Elettrotek Kabel S.p.A., including, but not limited to, strikes, accidents, government measures, delays in deliveries of raw materials from factories, fires, lack of electricity or diesel, natural disasters, pandemics (i.e. Covid 19 pandemic), wars and other force majeure, shall entitle Elettrotek Kabel S.p.A. to extend the period of delivery or to cancel the contract, and the Customer may not demand compensation and / or damages.
6.DELIVERY
6.1 Any liability on the Supplier related to delivery of the goods will be disciplined according to International Commercial Terms (Incoterms) 2010, as indicated in the order confirmation, that will be transmitted from Elettrotek Kabel S.p.A. to the Customer.
7.PRODUCT RETURN
7.1 Product return are permitted only for intact products, not processed or installed; Product return must be authorized in writing by Elettrotek Kabel S.p.A., before any return is initiated. Elettrotek Kabel S.p.A. will provide specific instructions for the return process.
7.2 If the return is made for reasons not attributable to Elettrotek Kabel S.p.A., the Customer bear all costs of packaging, shipping, insurance and any other expenses directly and / or indirectly related to the return of goods.
7.3 In the event that Elettrotek Kabel S.p.A. accepts any returns that is not due to defective products as described in the warranty conditions below, the Customer will be subject to a penalty equal to 40% of the sale price of the goods. The payment of this penalty shall be made in accordance with the terms specified by EK.
7.4 Any returned products must be in their original condition and packaging, and the Customer must follow Elettrotek Kabel S.p.A.'s instructions regarding the return process. Elettrotek Kabel S.p.A. reserves the right to reject returns that do not meet these requirements or have not received prior authorization.
7.5 Elettrotek Kabel S.p.A. will evaluate the returned products and, if appropriate, issue a refund or credit to the Customer based on the agreed-upon terms and conditions.
8.WARRANTY
8.1 The Supplier warrants the good quality and perfect construction of the materials supplied for a period of 24 months from the date of delivery. During the warranty period, the Supplier agrees to repair or replace any parts found to be defective due to faulty material or manufacturing.
8.2 If the request for service during the warranty period is found not to be due to defects in construction, the Customer will bear all expenses incurred by the Supplier, including but not limited to staff daily allowances and material costs, in accordance with the applicable rates and tables.
8.3 The warranty does not cover deficiencies and defects arising from the incorrect use of products, improper maintenance, modifications made without the consent of the Supplier, normal wear and tear, or if the products are used in a manner contrary to the technical specifications provided in the offer or other documents from Elettrotek Kabel S.p.A.
8.4 Any claim under the warranty shall not authorize the Customer to suspend payment obligations as agreed upon.
8.5 Compensation from the Supplier for any direct or indirect damages to people, property, or production resulting from defects in materials or workmanship is always excluded.
8.6 Parts replaced under warranty shall remain the property of the Supplier.
9.USE OF PRODUCTS
9.1 Customer shall comply with the Product specifications submitted by Elettrotek Kabel S.p.A.
9.2 If Customer uses or sells the Products in breach of Supplier’s Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer’s sole risk.
10.AMENDMENTS
10.1 Any modification, derogation, clause added or contrary to these Conditions must be executed in writing and approved by both parties.
11.JURISDICTION AND APPLICABLE LAW
11.1 Any dispute concerning the interpretation and performance of this contract shall be exclusively settled by the Court of Reggio Emilia.
11.2 The applicable law shall exclusively be Italian law.