Validity
All relations between Facci S.r.l. and the company’s customers are to be governed by these general terms and
conditions, which replace any and all other sales conditions previously in effect between the parties.
Orders
Facci S.r.l. accepts only those orders that are received via fax, regular mail or email. Orders shall be
deemed completed when the customer receives confirmation of the order from Facci S.r.l. by the same means.
Only those prices and conditions specified in the order confirmation shall be binding, regardless of
indications contained in any commercial or other form of communication between the parties.
Any changes to the order by the buyer must be communicated via fax, regular mail, or email and are, in any
event, subject to acceptance by Facci S.r.l. by way of issuing a replacement order confirmation.
Prices
Prices are as specified in the order confirmation and are to be understood not to include VAT.
Delivery
Goods are provided ex works. Upon specific agreement between the parties, delivery may be included in the
price of the goods. In such cases, all transport risks are to be borne by the intended recipient.
Terms of delivery
Delivery shall take place on the day on which the products are available for pickup by the buyer as specified
in the order confirmation. Facci S.r.l. shall notify the buyer of any risks of delay of greater than five (5)
business days. Under no circumstances may the buyer, prior to the delivery date, refuse the goods, in whole or
in part, or demand compensation for any direct or indirect damages.
In the event of a request for urgent delivery, Facci S.r.l. reserves the right to notify the buyer of any
supplemental charges for such service.
Payment
Past-due interest shall be charged in the event of delays in payment. In the event of failure to make payment
on an invoice, in whole or in part, Facci S.r.l. shall be authorized to hold delivery of the goods to the
customer, including for confirmed orders.
Facci S.r.l. is hereby authorized to transfer, in whole or in part, any receivables due from customers.
Warranty and insurance
Products include a manufacturer’s warranty as required by applicable law.
The warranty period shall begin on the date of delivery of the goods to the buyer. The warranty entails the
replacement or repair, free of charge, of products that are defective or unusable due to manufacturing defects
and shall be valid only if the products have been used in a manner compliant with applicable technical
standards. Facci S.r.l. shall in no way be held liable for direct or indirect damages. The warranty does not
cover ordinary wear and tear or failures due to insufficient maintenance. The warranty does not apply if the
buyer has misused the products provided or has any past-due invoices on their account.
Patent rights
Technical and design characteristics are provided to customers for informational purposes and may be subject
to change without notice. In any event, customers are not authorized to provide third parties with any
technical diagrams and/or other documents or declarations that have been provided on a confidential basis or
that are otherwise the intellectual property of Facci S.r.l. All technical specifications, diagrams, designs
and general documentation related to products and made available to the buyer shall remain the property of
Facci S.r.l. exclusively. The buyer undertakes to extend this restriction to any sub-contractors that should
be made aware of the aforementioned information.
Disputes
Any and all disputes must be communicated in writing within eight (8) days from receipt of the goods. Beyond
such date, all rights shall be null and void. Acceptance of the products by the buyer releases Facci S.r.l.
from any and all manufacturer liability with regard to product quality and quantity.
Retention of title
Delivery of the goods is understood to be executed and accepted with the agreement of retention of title by
Facci S.r.l. until the complete fulfillment of all payment obligations related to the order.
Material returns
Any and all returns of material must be authorized in advance and in writing by Facci S.r.l., with delivery
costs to be borne by the buyer.
Competent court
For any disputes that should arise as to the interpretation and/or performance of this agreement, the sole
competent court is to be that of Vicenza, Italy.
Miscellaneous clauses
For any and all matters not envisaged herein, reference is to be made to Italian law. The presence of one or
more clauses that are null and void shall not affect the validity of the agreement as a whole.