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Ordering involves the acceptance of the present sales terms which allow no derogation unless agreed in written. Orders passed to assistants or middlemen are assumed after Derby Ruote S.r.l.’s approval only.
Prices are meant as Ex Works, unless different and written agreement.
Prices of Derby Ruote S.r.l.’s products are the ones indicated both in the existing price lists or in their offers; they could be subject to change in any moment and will be in effect starting from the date they are fixed.
The payment terms are as agreed between Derby Ruote S.r.l. and the Customer at the very moment of the order. The non collection of the goods authorizes Derby Ruote S.r.l. to the recovery of what is due. Any delivery is to be unrelated to the other ones as for what the payment is concerned.
Customer’s delay in payment authorizes Derby Ruote S.r.l. to suspend any further delivery. Any claim, which should arise between parties, also referring to the agreed and allowed warranties, will not bring any delay of the agreed terms of payment, nor the right to modify or suspend them.
Moreover, any action undertaken by the Customer could not considered accepted if the Customer will not prove to be up to date with the payments. As for what the fallen due and unpaid amounts, being understood that Derby Ruote S.r.l. keeps the right to exact the payment, in full right and without any default placing, the default interests will accrue in measure of the official discount rate plus the 3%, plus eventual other or higher rights.
The costs of the packaging of the goods are debited at their pure cost, unless different agreement.
The delivery of the goods is always to be meant as EXW Derby Ruote S.r.l., unless different written agreement. The shipments dates are given to the Customer as an indication and start from the date of the confirmation of order.
Shipments are always made on behalf and at Customer’s risk, even if made as DDP. In the absence of precise instruction given by the Customer, shipments will be effectuated by the mean of what Derby Ruote S.r.l. will consider the most suitable. It is intended that shipment of less than 250 EUR of goods value, payments are to be done inescapably at goods’ collection or by the way before shipment in case of shipment via forwarder.
7. Products modification
Derby Ruote S.r.l., further to the continuous technological updating, can bring any modification to products without notifying to the Customer.
8. Warranty, claim and goods return
Possible claims regarding supplies must be notified in written within 8 days from the goods delivery. Any goods return without prior authorization of Derby Ruote S.r.l. will be not accepted.
In case of mistake while ordering, the goods could be returned only prior Derby Ruote S.r.l. authorization and at ex Derby Ruote S.r.l. works. The goods could be replaced only in case they are perfectly intact and unused in any way. In any case, the crediting of the returned goods value will be effectuated with a reduction of the 30% of the price exposed in the invoice, due to the expenses for reconditioning the returned goods.
Unauthorized use and tampering whatsoever with products and components supplied by Derby Ruote S.r.l. will involve an immediate debar from the warranty conditions and will exclude any responsibility of the manufacturer for damages caused by faulty products.
Defective goods will be replaced with other equivalent or having the same features. Derby Ruote S.r.l. responsibility will not be extended to anything more the replacement itself thus any claim for damages or penalties whatsoever will not be accepted.
For any claim in which Derby Ruote S.r.l. is summoned, the Law Court of Milan will be the only competent.