Art. 1 – SALE : Each sale is considered made save for the Company NUOVE ENERGIE S.r.l.’s approval.
Art. 2 - RETENTION OF PROPERTY RIGHTS AGREEMENT : The sale of the machine is subject to the explicit retention of property rights agreement according to the dispositions in art. 1523 and ss. c.c. and the Client will thus buy the property of the machine with the payment of the final instalment/balance of the agreed sales price.
Until the entire amount has been paid, the Client may not sell, donate, lease, trade in, alienate, pawn, sequester and in any way alter or bind the machine in object. With the delivery of the machine, the Client assumes all risks and so in the case of robbery, damage, fire, and any other accident the Client will be required to pay NUOVE ENERGIE S.r.l the entire balance of the agreed price, with no exceptions.
The Client must maintain the machine in perfect working order, and assumes all its risks and dangers, even in the case of accidents and acts of God, assuming responsibility for immediately reporting to NUOVE ENERGIE S.r.l via registered letter within two days of the incident, the possible conservative and/or executive actions promoted by third parties and/or having ascertained that the Client’s statement of retention of property rights was inserted in the judiciary statement. In case of non-payment of one or more rates, even inconsecutively, which in total exceed one eighth of the total amount, this contract will be resolved ex officio, without need of a Judge’s sentence.
By hypothesis, and in any case of non-fulfilment, NUOVE ENERGIE S.r.l has the right to repossess the machine and anything else described.
The received rates will remain property of the seller, as a form of indemnity within limits of the damage incurred, save for possible excesses.
NUOVE ENERGIE S.r.l.’s retains the right to obtain the payment for the entire residual balance in the case it does not intend to refer to the express resolution clause.
Art. 3 – DOWN PAYMENTS: The down payments that accompany orders are always unfruitful.
Art. 4 – CONSTRUCTION MODIFICATIONS: Illustration, weights, measurements, capacity and any other data of the NUOVE ENERGIE S.r.l. price list are indicative / indefinite. NUOVE ENERGIE S.r.l. retains the right to apply of its own initiative those modifications that constitute improvement at its own discretion, without warning the CLIENT, in which case no charge will be applied.
Art. 5 - PRICES: The prices are understood to be established exclusively for the provisions included in the contract. The prices are established in the contract and refer to the cost of raw material, labour, etc., in force at the time of stipulation of the contract. Variations of cost in increase will cause a proportional increase effective retroactively even if the provision has been partially fulfilled.
Any errors in pricing are rectifiable with a written communication that NUOVE ENERGIE S.r.l. will transmit to the CLIENT as soon as the possible error has been detected. If the CLIENT does not recognize the notified error, NUOVE ENERGIE S.r.l. reserves the right to suspend that order or those object without incurring any request for compensation on behalf of the CLIENT. If the order has been delivered in part or in full, the CLIENT who does not wish to recognize the communication agrees to return those objects supplied by NUOVE ENERGIE S.r.l.
Art. 6 - DELIVERIES: Save for differently specified agreements, the delivery of the merchandise is established Ex Works NUOVE ENERGIE S.r.l.’s establishment, and is considered fulfilled upon communication of goods ready for delivery, or upon delivery of goods to the carrier. From that moment on, every risk, duty and expense is the CLIENT’s responsibility.
The merchandise is transported at the CLIENT’s risk, even when sold Delivered and without packing.
In absence of the CLIENT’s express instructions concerning special delivery modes, the merchandise will be delivered by those means considered most appropriate by NUOVE ENERGIE S.r.l..
Any claims for damages, shortages, losses, etc, must be immediately communicated to the carrier, as the only liable party, since NUOVE ENERGIE S.r.l. is exempted from any responsibility at the time of consignment of the merchandise to others.
Delivery time for materials is always considered in “working days.”
If the CLIENT is not ready to receive the merchandise for reasons unrelated to NUOVE ENERGIE S.r.l., the seller can issue an invoice and initiate payment after having communicated that the goods are ready for delivery
If the sale is for material only, the invoice will be for the total agreed amount; if the sale is for plants that include installation of materials, the invoice will be for down payment and equivalent to 70% of the total price.
Art. 7 - WARRANTEE : Our machines are guaranteed for 12 (twelve) months from installation date, and, however, no longer than 18 (eighteen) months from delivery date, against manufacturing defects or damages attributable to manufacturing defects, excluding electrical components, lubricants, paints, possible glass parts and components subject to normal wear and tear excepting any exclusions expressly communicated by NUOVE ENERGIE S.r.l.
In the Vanguard® Belt Screen, Conoscreen® Microfilter and the Ultrascreen® Microfilter, filtering elements, bushes, filtering meshes and gaskets are not covered by this warrantee, since they are subject to wear.
The warrantee is automatically void in the following cases:
- installation or use of the machines in contrast to the indications given in the seller’s use and instruction manuals
- tampering or interventions of unauthorized mechanics
- removal of the producer’s identification pate (Nuove Energie S.r.l) with the machine’s identification data and serial number
- suspension or missing payment of instalments by the agreed due dates
- For Conoscreen® Microfilter, failure to communicate “intensive use” of the machine (intensive use is considered any use that exceeds the “standard daily use” established at 12 hours a day).
In case of intervention under warrantee, Nuove Energie S.r.l will provide substitution or repair of broken or detective parts at the client’s or its own establishment; transfer, travel and possible transportation costs remain chargeable to the client.
For all that is not expressly stated, art. 1495 c.c. applies.
Art. 8 - RESPONSIBILITY: Any responsibility for direct or indirect damages incurred by the CLIENT while using the machines or plants is expressly refused.
Art. 9 - ASSEMBLY: Assembly is excluded from the supply price. NUOVE ENERGIE S.r.l. may assume the duty of assembly by its own personnel upon
the CLIENT’s request. Any expense and responsibility for damages following assembly operations fall upon the CLIENT requesting the service.
Art. 10 – ADDITIONAL COSTS: Any surveys requested of and uselessly made by NUOVE ENERGIE S.r.l. due to the CLIENT’s lack of order, for the necessary work to be done for installation of the plant. These charges will be tallied based on the current ANIMA tables.
Art. 11 - CLAIMS: Any delivery that is not contested via registered mail within eight days of its receipt is considered definitively accepted by the CLIENT.
Art. 12 - PAYMENT: All payments must be made directly to NUOVE ENERGIE S.r.l. with legal currency, cheques, bills of exchange or accepted bank drafts.No other form of payment is considered valid, and the same is considered null if made by persons or agencies not in possession of written consent written and signed by the administration, legal representative of NUOVE ENERGIE S.r.l.
Ten days following the expiration of the terms indicated in the contract, NUOVE ENERGIE S.r.l. is authorized to issue an immediately payable bank draft for the balance due. Any claims on the merchandise do not give the right to suspend payment of invoices or bank drafts, in which case any expenses for return will be charged to the CLIENT.
In the case of CLIENT late payment fees, interests will be charged to the CLIENT according to those measures indicated in D. Lags. 231/02.
If the CLIENT is delinquent, NUOVE ENERGIE S.r.l. reserves the right to suspend all other possible pending orders with the same, or to ask for advance payment of said orders.
Art. 13 - JURISDICTION: Any dispute deriving from this contract or attached to the same, in repeal of the dispositions in art. 31, 32, 33 of the current Civil Procedure Code, and in the hypothesis of continence or causes linked to scheduled payments to the CLIENT’s or other homes, fall under the jurisdiction of the Vicenza Forum.
Art. 14 – MODIFICATION TO THE GENERAL CONTRACT TERMS: Any repeal, addition, or elimination of the abovementioned sales conditions, mutually agreed upon by both parties, must be established in writing and will remain strictly limited to that which will be specifically agreed upon, without possibility of analogical interpretation.
The modifications will not imply renewal of the remaining general conditions, which will remain entirely valid.
Art. 15 – CONTRACT CANCELLATION: If, due to reasons not attributable to NUOVE ENERGIE S.r.l., the CLIENT wishes to rescind from the contract, it may be done according to those conditions stated in art. 14 and with an indemnity payment charged to the CLIENT for 30% of the established price of the order. Payment will remain to NUOVE ENERGIE S.r.l. as indemnity in case the order were revoked by the CLIENT, excepting NUOVE ENERGIE S.r.l.’s right to further damages, and not jeopardizing the right to ask for the fulfilment of the contractual obligations.