1. Definitions
The terms indicated are used with the meaning specified here, unless otherwise indicated on a case by case basis:
- EUROPRESSVIT S.r.l.: the company EUROPRESSVIT S.r.l. (VAT 00730090156) with office in Buccinasco (MI) – Via Veneto 10 – Cap. 20090.
- Customer: the person/company sending the order;
- Order(s): the purchase offer(s), contract and/or administration sent by the customer;
- Product: any goods produced and/or marketed by EUROPRESSVIT S.r.l., the specifications, and the relative use documentation;
- Price: per 100 (referring to one hundred pieces) net of VAT (which may vary)
2. Preface
These conditions (“Conditions”) are an integral part of any and all offers or agreements for the sale, procurement and/or administration of products by EUROPRESSVIT S.r.l.
Any clause proposed by the Customer, in their order or separately, will only be effective if expressly accepted in writing by EUROPRESSVIT S.r.l., or if the order is executed without written observations.
The contract will only be concluded when EUROPRESSVIT S.r.l. confirms the order in writing to the Customer or sends written notice to start execution.
3. Offers
Every EUROPRESSVIT offer is valid for 15 days from the date of transmission, unless otherwise specified.
EUROPRESSVIT may always revoke an offer prior to receipt of the Purchaser’s acceptance.
Documents relating to the offer, such as illustrations, weight specifications, and dimensions are considered to be indicative only, unless they have been expressly designated as binding.
4. Order
EUROPRESSVIT accepts orders signed by the Customer, in which the following must be indicated:
- The exact name of the Customer, including tax identification number and/or VAT number, the complete address (registered office if a company or address of the owner if an individual company, with a telephone number, fax number, and an email and/or PEC certified email address);
- the shipping address of the goods if different from the one indicated in sub. a).
- payment conditions and complete IBAN code
Whenever the order is made verbally, EUROPRESSVIT will send a written order confirmation, which must then be confirmed in writing by the Customer.
5. Production Technical Drawings
For orders of special items we produce (non-standard), our technical drawings will apply, and they must always be stamped and signed for acceptance. The drawings are the property of Europressvit and it is forbidden to disclose, reproduce, use, or extrapolate any parts of them without our authorization.
6. Conclusion of the contract
The contract is considered concluded only after the express acceptance of the Order, in writing, by EUROPRESSVIT through issuing the Order Confirmation, or sending written communication of the beginning of execution of the contract, as per no. 2.
The Order cannot be considered binding, in any way, for EUROPRESSVIT until the availability of the product or its technical production feasibility is verified.
In the event of a special or production item, a specific technical reference (Technical Drawing) will be agreed upon and issued, which must then be accepted in writing by the Customer so that the Contract can be considered concluded.
EUROPRESSVIT will execute the Order in the least amount of time possible given the production conditions.
The terms of evasion of the Order indicated by EUROPRESSVIT are purely indicative and do not constitute a commitment to delivery on a fixed date, unless this has been expressly indicated and agreed upon as essential.
Any delays may not lead to claims of damages or cancellation or reduction of the contract nor to the modification of the contractual conditions.
A delivery period is defined only for its length, which begins at the end of the day on which an agreement was reached regarding all contractual details, but not before EUROPRESSVIT has accepted the respective order and not before the Customer has provided all the documents and necessary approvals and acceptances.
The delivery time is considered valid if the item is shipped before the customer’s deadline or, if the item cannot be sent or must not be sent and EUROPRESSVIT has sent its communication of availability for shipping before the buyer’s deadline expires.
7. Specifications
The goods will comply with the agreed upon specifications, regulations, or technical drawings stamped and signed for acceptance by the Customer. If no specifications have been agreed upon, the goods will comply with the EUROPRESSVIT general specifications in force at the time of delivery.
Any statements contained in information on the products, in manuals, websites, price lists, or other information relating to the goods such as drawings or regulations, will be binding for EUROPRESSVIT only if they are expressly recalled in an offer or in a Confirmation.
8. Delivery
EUROPRESSVIT reserves the right to make partial deliveries, provided that such partial deliveries are not beyond a reasonable quantity.
The customer does not have the right to demand partial deliveries, unless otherwise expressly agreed.
If a delivery date has not been agreed upon, delivery will take place according to EUROPRESSVIT’s production capacity planning.
If the delivery is delayed for more than eight weeks, the customer may withdraw from the contract with written notice, terminating their obligation to purchase the goods subject to delay.
The unit of measurement of the goods supplied is the quantity expressed in number of pieces and the price refers to one hundred pieces. The quantity can be varied by EUROPRESSVIT within the limits of 10% (+/-) of the total quantity of the order in delivery for each type of product and the price will be modified accordingly.
Unless proven otherwise, it will be the quantity printed or otherwise indicated on the goods supplied. EUROPRESSVIT S.r.l. is not responsible for any direct or indirect damages or other consequences of any kind connected to the delayed delivery, except in the event of a serious fault on the part of EUROPRESSVIT.
EUROPRESSVIT’s service is considered complete once the goods are available for shipping and the buyer has been informed of the shipping availability; but it will also be considered complete as soon as the goods leave the EUROPRESSVIT office as stipulated in the contract.
If the shipment is delayed for reasons attributable to the buyer, the delivery time shall be considered to be in compliance with the contract from the time of communication of the availability for shipment.
Agreed and otherwise applicable periods and dates are extended and/or put on hold for as long as the buyer does not fulfil his obligations – in the context of a current business relationship as well as contractual obligations under other contracts.
Delays in delivery due to force majeure, war, insurrection, strike, lockout, machine or machinery failure, lack of material and delays in the arrival of raw materials or technical equipment used, or other events beyond the sphere of EUROPRESSVIT’s influence, release EUROPRESSVIT from the obligation to deliver for the duration of the event and authorize it to cancel the contract, while the buyer shall have no right to withdraw or modify the contract and may not make any claim, claim for damages or compensation due to delays in delivery, for any reason.
The customer must check and sign the delivery note. Any objections may be made to EUROPRESSVIT in writing, within 8 (eight) days of receipt of the product.
Otherwise, acceptance of the quantity and quality of the goods delivered is deemed to have occurred as per the delivery note.
EUROPRESSVIT S.R.L. reserves the right to stipulate sales contracts with split or scheduled delivery.
In this case, the orders on request will be accepted only for the agreed maximum period. If the respective agreed upon period is not specified exactly, it shall expire twelve months after the conclusion of the contract.
In this case the goods are understood to be accepted in approximately equal monthly quantities.
In any event, EUROPRESSVIT will deliver the merchandise remaining in the warehouse and not yet requested at the end of the contract.
If the withdrawals are not carried out within the agreed upon period, EUROPRESSVIT has the right to deliver the complete shipment without further notice.
Plus, EUROPRESSVIT has the right to set a deadline for acceptance of the goods.
If the additional period expires ineffective, in that case, EUROPRESSVIT has the right to withdraw from the sale contract, concluding its obligation to deliver and request compensation for damages in place of performance in relation to the part of the contract not yet performed.
9. Delivery of the product in Italy
The Product is delivered to the Customer ex works at EUROPRESSVIT S.r.l., Via Veneto 10 – 20090 Buccinasco (MI).
If requested by the Customer, EUROPRESSVIT can stipulate the transport contract at the Customer’s risk and expense. No responsibility can however be attributed to EUROPRESSVIT, for any reason or title, in relation to the harmful events that may occur during the transport itself. In this case, the Product will be delivered free carrier to the place agreed upon with the Customer and the Product will travel, however, at the Customer’s risk and expense.
In all cases, with delivery of the Product to the carrier for transportation, EUROPRESSVIT S.r.l. is released from any risk and any liability.
The product always travels, in fact, at the Customer’s risk.
The transport costs, as well as any additional or accessory expenses, including packaging, loading and unloading costs, taxes or any taxes requested, shall be borne by the Customer, with the invoice being charged.
In all cases, the Customer has the obligation to verify the full compliance of the indications resulting from the waybill with the actual number of packages and the apparent condition of the goods or their packaging at the time of delivery by the carrier, thus being sure to include – in case of discrepancy – the relative reservations on the waybill.
10. Delivery of the product outside Italy
Delivery of the Product outside Italy is governed by Incoterms.
All sales by EUROPRESSVIT S.r.l. are for merchandise ex works from Via Veneto 10, Buccinasco (MI), Italy.
In the event of delivery of the product outside of Italy, the clauses sub art. 8 apply.
11. Characteristics of the goods
Characteristics and quality are considered guaranteed if they have been expressly agreed upon in the contract.
Verbal statements and statements in EUROPRESSVIT S.r.l. documents, including, but not limited to: samples, technical drawings, measurements, DlN-lSO regulations, performance specifications, and other information regarding the condition of the object of the supply must serve only as specifications and should not be considered as a guarantee.
If and to the extent that the materials used by EUROPRESSVIT have been specified in the contract, this will only guarantee compliance with these requirements and not the suitability of the materials for the Customer’s purposes.
EUROPRESSVIT S.r.l. reserves the right to supply the goods with a tolerance of 10% (ten percent), plus or minus the ordered quantity, given that the delivered goods are not affected in their use and are not considered unacceptable by the buyer.
The Company will provide for the packaging according to experience and uses, while remaining explicitly exempt from any responsibility for losses and failures. The use of special packaging, or the exclusion of packaging in the case of goods for which it is normally used, must be requested by the buyer at the time of the order. Special types of packaging will be counted in the invoice.
12. Defective goods and quantity deficiencies
Requests for warranty and compensation are subject to the provisions of Art. 1470 et seq. of the Italian Civil Code. The delivered goods will be free from defects.
The goods will be considered defective only if they do not comply with the specifications mentioned in Article 10.
EUROPRESSVIT S.r.l. is not responsible for the functionality, qualities, and properties of the goods, except as set out above. Any reference to laws or other regulations concerning the quality or suitability of the goods for specific uses is expressly excluded.
In the event that the goods present defects or quantitative deficiencies, the Purchaser is required to communicate it in writing to EUROPRESSVIT within 8 (eight) days of the arrival of the goods to the intended destination.
The Purchaser must provide EUROPRESSVIT with an appropriate amount of the defective goods, indicating their lot number, in order to allow the necessary checks and inspections. Once the non-conformity has been found and confirmed, the return will be authorized only in the original packaging. If the Purchaser modifies the goods through any type of internal or external work, the goods themselves can no longer be contested.
In the case of defects that could not reasonably be discovered upon arrival of the goods at the intended destination, the Customer must notify them in writing within 8 (eight) days of discovery. However, communication after more than one year after the risk related to the goods was passed to the Purchaser is without any legal effect.
In the event of late communication, EUROPRESSVIT S.r.l. will not be required to remedy it in any way or to recognize any price reduction.
In the event that the goods present defects or quantitative deficiencies and on the condition that the Purchaser has communicated it to EUROPRESSVIT in due time and in accordance with the above, EUROPRESSVIT must correct the defect at its own expense, taking into account the amount of time reasonable for the production of the new goods (if necessary), or, at its option, to deliver a new batch of non-defective goods, or, in the case of quantitative deficiencies, to deliver the missing quantity to the agreed upon destination. Defective goods must be returned to EUROPRESSVIT along with the delivery of any replacement product.
There is a 3% tolerance for quality defects.
Instead of correcting the defect or the quantitative deficiency, EUROPRESSVIT may, at its choice, credit the Customer with a decrease in the value of the goods commensurate with the defect or the quantitative deficiency. In the case of defects or quantitative deficiencies in the goods, the Customer will not be entitled to invoke further remedies other than those expressly established in these Conditions or in the Contract, except in case of serious fault of EUROPRESSVIT.
EUROPRESSVIT S.r.l shall not be liable for damages that are caused by external influences, such as inadequate positioning or tampering, inadequate use or maintenance, corrosion or normal wear and tear.
If the goods are prepared by EUROPRESSVIT based on specific needs/requests or on a specific EUROPRESSVIT technical design, or one supplied by the customer (and therefore the goods are not subject to DIN or ISO regulations), the goods are considered sold in compliance with the accepted drawing.
In this case, therefore, any right to remedies or compensation in the event of defects is expressly waived except according to the expressly agreed upon specifications.
13. Prices – Payments
The prices of the products refer to the prices in effect at the time of acceptance of the offer of sale by the Purchaser or the issuance of the order confirmation by EUROPRESSVIT S.r.l.
The prices of the products are always understood as Free Carrier (FCA Incoterms 2010), without prejudice to various written agreements between the parties.
Payments – exclusively in Euros – must be made in accordance with the relevant indications contained in the sale offer or order confirmation. Any payments made to agents, representatives, or trade associates of EUROPRESSVIT S.r.l. do not release the buyer from his obligation.
Unless otherwise agreed, payments will be made in euros.
Prices expressed in currencies other than the Euro may change in relation to fluctuations in the relative exchange rate.
Any delay or irregularity in payments gives EUROPRESSVIT S.r.l. the right to:
- suspend supplies in progress, even if not related to the payment in question;
- change the payment and discount methods for subsequent supplies, also requesting advance payment or the issuing of additional guarantees;
- request the default interest on the sum still due, from the payment due date and without the need for formal notice, subject in any case to EUROPRESSVIT S.r.l. having the right to seek compensation for the greater damage suffered.
The Purchaser will be liable for full payment of the products even if there are exceptions, complaints, or disputes that will be defined only after payment of the amount due.
The buyer waives in advance the right to request compensation from EUROPRESSVIT S.r.l. with any credits, however they originated.
14. Applicable law
The Contract is governed by Italian law.
15. Disputes
All disputes, divergences, or claims deriving from the Contract, including those related to its execution, resolution, or invalidity will be definitively resolved according to Italian law in the Court where the selling company has its registered office.
16. General limitation of liability
Except as expressly stated in these Conditions or otherwise explicitly agreed upon, in no case – including the cases of product liability – will EUROPRESSVIT S.r.l. be liable for any incidental, direct, indirect, consequent, or consequential loss or damage, including, but not limited to loss of earnings, loss of production, production to be discarded, or claims and complaints made by customers of the Customer. This limitation, however, does not apply in the case of wilful misconduct or gross negligence.
EUROPRESSVIT S.r.l. will never be responsible for complaints and claims that have been communicated after a year has elapsed from the date in which the risk related to the goods has passed to the Customer.
17. Protection of personal data and confidentiality
In the execution of the obligations assumed with the present and contract, EUROPRESSVIT S.r.l., in compliance with the provisions regarding the protection of personal data, shall keep the information confidential relating to the Customer’s activities. Europressvit declares that it is compliant with the new GDPR 679/2016 legislation, which can be downloaded from the website www.europressvit.com.
The Customer declares to have read the notice regarding the processing of personal data issued by EUROPRESSVIT S.r.l. and agrees to send notification of any change in the personal data, accepting all responsibility for the communication of inaccurate or incorrect data.
The Customer agrees to release and hold harmless EUROPRESSVIT S.r.l. from any damages or losses related to or arising from the communication of inaccurate or untrue data. As the interested party, the customer has the rights set forth in Art. 7 of the Privacy Code and Articles 15, 16, 17, 18, 20, 21 and 22 of the GDPR and may exercise them by submitting a request to dpo@europressvit.com.
18. Final clauses
Any tolerance by EUROPRESSVIT S.r.l., even repeated and prolonged, to violations and inobservance of the Customer to clauses of this contract will not constitute precedent and cannot affect its validity and effectiveness.
Any nullity, invalidity, or ineffectiveness of one or more clauses of this agreement will not extend to the remaining clauses.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read and expressly accepted the clauses in Articles 5, 7, 8, 10, 11, 16.
