General Sales Conditions
These general sales conditions are considered to be completely accepted by the customer upon placement of the order and are valid for all offers and subsequent sales transactions unless otherwise agreed upon in writing with Sumoto Srl.
2. ORDERING AND ORDER ACCEPTANCE:
Orders must indicate the name and exact type of the product.
Orders are considered binding only if approved by our commercial department.
Any variations in the order, which, in any case, will affect delivery times, must be confirmed in writing from Sumoto Srl.
3. PRICES AND PACKAGING
The prices are expressed in Euros, are net of taxes and can be changed without notice.
The prices are to be considered ex works and are based on standardized packaging and transport.
Packaging for transport that is different from the Sumoto Srl standard is the purchaser’s responsibility unless otherwise agreed upon in writing.
4. DELIVERY/PICKUP TERMS
The information contained in the Sumoto Srl price list and/or offers are to be considered for informational purposes only and not binding.
Any total or partial delay compared to the agreed upon terms, even if signed, do not constitute any liability on the part of Sumoto Srl if due to causes that are listed here as examples such as: strikes, natural disasters, fires, failure or reduced supply of raw materials, delays from subcontractors, transport difficulties, production plant breakdowns, etc.
Consequently the customer is not granted the right to demand indemnity or compensation for damages in such cases, except for the possibility of cancelling the contract if the delay in delivery, for the reasons stated above, exceeds 90 days.
Where a partial payment for material has been made, the purchaser is entitled to return it to the seller without the obligation to pay.
This is only if there is a valid and justified reason for the return.
Where there is no such reason, the purchaser must pay for the material delivered. Except as stated above, the delivery terms will start on the date given on the order confirmation.
This date can change more or less noticeably according to the discretion of Sumoto Srl. In relation to any omissions on the part of the purchaser such as:
- Orders that do not include all necessary data
- licences, permits, authorizations or approvals not yet obtained
- Failure to pay or delayed or partial payment of the agreed upon instalment
- Failure to pay or partial payment of previous debts.
In these cases, Sumoto Srl will have the right to charge the purchaser for all costs sustained for the delay.
In the event the purchaser picks up the material, the delivery term will coincide with the “material ready” notice date.
15 days after the notice, the material is considered to be made available and the invoice is issued.
If another 15 days passes without the material being picked up, the purchaser will be charged for storage costs.
5. PICK UP TERMS IN THE EVENT OF PRODUCT REPAIRS
For products delivered to Sumoto Srl for repairs, 30 days from sending the technical report and related estimate, if no provisions are received from the owner of the merchandise sent for repairs, Sumoto Srl may consider the repair to be not of interest to the owner with subsequent permission to scrap the resulting material and charge only the dismantling expenses.
Responsibility for damages or loss is the transporter’s responsibility even in cases of carriage paid returns.
Unless otherwise indicated by the customer during the order process, Sumoto reserves the right to choose the most suitable transporter and the location from which shipping is made.
The package compliance and quality check regarding compensation for overt damage caused during transportation must take place at the time of delivery.
Any deviations from the shipping notice and/or damage attributable to transport do not constitute any liability on the part of the supplier who may however be informed of the occurrence by sending them a copy of the written notice on the transporter’s delivery document subject to acceptance.
The warranty covers manufacturing defects in the material produced by Sumoto Srl.
The duration and start date, unless otherwise declared, is 18 months from the date supplied for any manufacturing defect.
The warranty becomes void:
- If the product was repaired, disassembled or tampered with by personnel without written authorization from Sumoto Srl;
- If the failure was caused by improper electrical or hydraulic connection and missing or inadequate protection;
- If the product was subject to overloads beyond the plate limits, not installed correctly or installed in non-compliant environments;
- If the products were ruined or damaged as a result of contact with abrasive and corrosive fluids and in any case those not compatible with the materials used in the construction of motors;
- Sumoto Srl reserves the right to final judgement in the cause of the defect and on the total or partial recognition of the warranty.
Technicians, sellers and retailers are not authorized to change the warranty conditions stated above.
Payments must be made to our Company office according to the contractual conditions indicated in the invoice, unless other agreements have been made.
Any disputes, for whatever reason, do not justify the suspension of all or part of the payments due.
If the payment terms are not respected, the seller may totally or partially suspend the delivery of the material even if related to regularly accepted order confirmations according to these general sales conditions.
Once the payment expiration has passed, interest will be applied based on the average banking rate at the time of expiration.
Sumoto Srl reserves the right to suspend manufacture of the merchandise still on order in the event of delayed or missing payment.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY
The sale of the products does not transfer to the Customer any right to the industrial or intellectual property inherent in the products (such as the ownership of patents or models, know-how, engineering works, etc. or the right to use the same or grant it to third parties).
These rights are entirely and exclusively owned by Sumoto Srl even when the products sold are not in the price list and are, therefore, made on the basis of specific requests and instructions from the customer.
10. CODE OF ETHICS
By acknowledging and accepting the company Code of Ethics, the customer shall comply with it in the execution of any contract and accepts to comply with it in turn in the execution of any contract falling under the application of these general sales conditions.
11. LEGAL JURISDICTION AND USES:
Any dispute regarding the supply of products, parts and services and with an exception to the ordinary territorial competence set forth in Art. 18 and 30 of the Italian Code of Civil Procedure with the subsequent and express exclusion of any other competing court set forth in the articles indicated above, the contracting parties, by mutual agreement, set jurisdiction in the Court of Vicenza; notwithstanding the right of Sumoto Srl to act in the purchaser’s jurisdiction.
For anything else not expressly agreed upon, besides the rules and provisions of the law, the customs and practices of the metalworkers industry recognized by the Chamber of Commerce of Vicenza shall apply.
12. PERSONAL DATA:
Under the current legislation on the protection of personal data, Sumoto Srl, as the Data Controller, that its customers’ personal data will be processed in accordance with the provisions of Legislative Decree 196/2003, for the purposes necessary for the management of the customer/supplier relationship.