1. These Conditions apply to all offers, agreements and performances, as made, entered into or carried out by Artezen Srl (the Manufacturer). The conditions of the Buyer only apply if the Manufacturer has accepted this in writing.
2. Offers are non-binding. Prices are in Euro (EUR) exclusive of any taxes and custom duties. Prices and technical specifications may change due to continued development by the Manufacturer or its suppliers.
3. The contents of websites, manuals, price lists, pictures etc. do not bind the Manufacturer. Weight ranges and capacities are approximates and depend on the dough consistency and the conditions in the place of operation.
4. An agreement comes into effect when the order issued by the Buyer is confirmed by the Manufacturer. The information contained in the order confirmation is binding for both parties. The Buyer is entitled to dissolve the agreement if the order is cancelled within five working days of the order confirmation date. If the Buyer cancels the order more than five working days after the order confirmation date, the Manufacturer is entitled to compensation of 50 % of the invoice value of the cancelled order. If the Buyer cancels the order on or after the delivery date, the full invoice value of the cancelled order is due.
5. Delivery is at the Manufacturer’s place of business (EXW) in accordance with Incoterms ICC 2010, unless otherwise stated. Partial deliveries and shipments are permitted. The delivery date is the date when the goods are available for collection at the Manufacturer. Failure to meet the delivery date will not give any right to cancellation or compensation, unless this has been accepted by the Manufacturer in writing.
6. The goods are supplied without plugs or pneumatic connections. The Manufacturer does not provide installation. In the event that the Manufacturer has agreed to carry out the installation of the goods, he is entitled to a compensation for these services as indicated in the written confirmation. Auxiliary materials used for the installation and travel expenses will be charged to the Buyer at cost price. Unloading and placement are not included in the installation and have to be carried out by the Buyer before arrival of the Manufacturer. The Buyer is to verify the load index and quality of the floors and the availability of the required utilities and connections. In the case that the installation is delayed by fault of the Buyer, the Manufacturer is entitled to a compensation for waiting time equal to the allowance for assembly time as well as additional travel expenses.
7. All machines and components are in accordance with CE directives. The Buyer is responsible for any adjustments to comply with local regulations in the country of use.
8. All goods travel at the expense and risk of the Buyer, even if the Manufacturer organises the transport. The Buyer is to take out insurance for damage or loss related to transport and storage.
9. All documents required for transport or importation of the goods are the sole responsibility of the Buyer. In the case that the Buyer requests the Manufacturer to provide such documents, the Manufacturer can charge the arisen costs. Delays or additional costs related to documents or importation are also borne by the Buyer.
10. Complaints are to be lodged promptly in writing within eight working days after receipt of the goods, or the date of installation if the Manufacturer has carried out the installation. The Buyer loses all rights and powers when he does not comply with this provision or when he does not offer the Manufacturer sufficient opportunity to rectify the defect in question.
11. Payment is to be made at the Manufacturer’s place of business within the payment term indicated on the invoice. The Buyer is not entitled to set off any claims it has on the Manufacturer. Non-acceptance or non-collection of the goods while they are at the disposal of the Buyer or governmental regulations that restrict the use of the goods do not alter the payment obligations of the Buyer. If payments have not been received by the due date, the Manufacturer is entitled to charge the Buyer a penalty interest of 1% every month after the due date. After the due date the Buyer is legally in default, without the need for notice of default, and the interests and extrajudicial costs of collection are automatically owed in accordance with the rates of the Italian Bar Association.
12. The Manufacturer’s liability is restricted in accordance with current law. The Manufacturer can not be held liable for any damage other than to the supplied product itself (indirect damage), this other damage being understood to include, among other things, trading losses, loss of profits etc. In the event of serious misconduct/fraud, the Manufacturer’s liability is restricted to the sum paid out on the basis of its liability insurance. If no insurance cover is in place, the Manufacturer’s liability is restricted to the invoice amount of the supplied product which has given rise to the liability. The Buyer has an obligation to protect or indemnify the Manufacturer with regard to any claims by third parties for compensation of damage related to the supplied goods. 13. All agreements are governed by Italian law. All disputes, without exception, are under the exclusive competence of the Court of Vicenza (Italy) in which place the Manufacturer has its legal headquarters.