These General Conditions regulate all present and future sales contracts between the parties, excepting any exceptions specifically agreed in writing. Any general conditions of the buyer will not be applied to future relations between the parties unless expressly accepted in writing.
Orders received are only valid by way of reservation and they do not bind Gamavuoto GmbH to partial or full delivery. By accepting the orders placed with us, these GENERAL SALES CONDITIONS, printed on the reverse side of our documents, are fully accepted by you without any reserve, as execution of the orders themselves. For commercial and administrative reasons, Gamavuoto GmbH does not process orders with a net value of less than 200 EUROS in Germany and any orders with a net value of less than 500 EUROS or the equivalent in foreign countries. As an exception to the above terms, Gamavuoto GmbH also reserves the right to deliver orders with a lower amount, provided that they reach the minimum invoiced amount in the commercial month. In exceptional cases, if the minimum invoiced amount cannot be reached, Gamavuoto GmbH will deliver orders with a lower amount only if this has been previously agreed with its Sales Department (RUC).
Delivery terms are approximate and not binding.
Failing specific instructions described in the orders, the packaging is either in standard cardboard boxes and/or standard plastic bags, in the manner that Gamavuoto GmbH considers more appropriate without any additional cost. When non-standard packaging is required, additional costs will be charged.
5. TRANSPORT AND SHIPPING
Unless otherwise agreed in writing, products are delivered ““E.X.W. Frickenhausen Germany”, - (INCOTERMS ed. 2010 and subsequent ones) and travel at the Buyer’s risk. Gamavuoto GmbH is not, under any circumstances and for any reason, obliged to pay out any compensation for any direct and/or indirect damages due to delays in the delivery, early delivery and/or non-delivery, either entirely or in part. .Failing specific instructions Gamavuoto GmbH sends the goods using the shipping method deemed most appropriate,
without this giving rise to complaints.
Gamavuoto GmbH does not accept any return without authorization from its Sales Department (RUC). According to its well-established terms, Gamavuoto GmbH does not take into consideration any return of goods delivered 30 (thirty) days before the return request for both standard and/or non-standard items.
Gamavuoto GmbH does not accept any complaint after 8 (eight) days from receipt of the goods for obvious defects and from the date of detection for hidden defects. The Buyer is specifically responsible for the inspection of the goods to ensure compliance at the time of receipt. To this end, the date on the Delivery Note (DDT) is binding. Any complaint must be communicated in writing to Gamavuoto GmbH specifying the item number, the DDT (delivery note) number and date, the description of the defects and the total amount of defective products.
Gamavuoto GmbH guarantees that the products supplied comply with what has been expressly agreed. The normal warranty period is 6 months. Following a regular complaint of the Buyer, Gamavuoto GmbH, within a reasonable amount of time in relation to the extent of the complaint, can (at its discretion): a) deliver free of charge EX WORKS to the Buyer products of the same kind and amount as those found defective or not in accordance with what had been agreed; in this case Gamavuoto GmbH can demand, at its own expense, the return of the defective products, which become its property; b) declare, in writing, the termination of the contract, offering a refund against the return of the supplied products, at its own expense. This warranty is “in lieu” of any legal warranties for defects and compliance and excludes any other possible liability of Gamavuoto GmbH, howsoever deriving from the supplied products: the Buyer shall not be entitled to submit any claim for damages, price reduction or termination of the contract. Excepting in the case of willful intent or gross negligence of Gamavuoto GmbH, any compensation for any damage to the Buyer cannot, in any case, exceed the invoiced price of the products to which the complaint refers.
The terms of payment are those agreed upon and indicated on the invoice. Any delay or irregularity in payment shall entitle Gamavuoto GmbH to either suspend deliveries or to terminate current contracts, as well as to compensation for any damage. However, Gamavuoto GmbH is entitled, after the due date of the payment, without any formal notice of default, to charge interest for late payments in force. The Buyer shall be obliged to pay the full amount even in case of opposition or dispute.
10. RETENTION OF TITLE
The products delivered are owned by Gamavuoto GmbH until the full amount has been paid.
11. TECHNICAL STANDARDS AND MANUFACTURER’S LIABILITY
As for the properties of the products, Gamavuoto GmbH follows the legislation and the technical standards in force in Italy. The Buyer assumes the whole risk of any discrepancy between Italian rules and those of any other country of destination of the products, thereby indemnifying Gamavuoto GmbH. Gamavuoto GmbH ensures the performance of the manufactured products exclusively in relation to uses, destinations, applications, capacity, etc. expressly indicated by Gamavuoto GmbH. If the Buyer uses the above mentioned products to resell them, it shall be responsible for sending the directions in question to its Buyers. In case Gamavuoto GmbH associates its supply with a sample, drawing and/or specification provided by the Buyer, Gamavuoto GmbH itself is liable, unless otherwise agreed in writing, for the compliance of its performance only with the evident features of the sample. In any case Gamavuoto GmbH is relieved from any liability arising from any violation of the products made according to the order of industrial property rights of third parties.
12. MOULDS AND EQUIPMENT
The moulds and the equipment are property of Gamavuoto GmbH until they have been fully paid for, and the invoices relating to any kind of delivery made to the Buyer have been settled.
13. PRICE LISTS
Gamavuoto GmbH price lists can be modified either according to market demands or in relation to price changes of raw materials, staff, electricity, etc. without previous notice to the Buyer.
Any drawing, picture, technical data shown in Gamavuoto GmbH catalogues, including by way of example weights, dimensions, capacity and sizes, are only approximate and not binding. Gamavuoto GmbH reserves the right to make any modification to its catalogues and to its products, at any time and without previous notice, if at its sole discretion it believes this is required for production purposes and/or to improve quality, functionality and performance.
Any dispute shall be governed by German law, even in case of deliveries made in foreign countries. However, Gamavuoto GmbH is entitled, at its sole discretion, to engage in legal proceedings in the Buyer’s courts.
Materials not included in the catalogue
On request we can produce items with materials other than those in the tables after prior agreement with our technical commercial office.
This catalogue is an integral part of Gamavuoto GmbH technological property. Any imitation, even partial, of its explanatory methodology as well as of its synoptic and graphical tables is forbidden and will be legally prosecuted.