highest quality machinery and service in the industry





GENERAL SALE CONDITIONS          

1. VALIDITY The present contract is irrevocable for the Buyer. For a period of 45 days from the contract proposal the Seller has the power of accepting the contract or of withdrawing from an acceptance he may already have given, without Incurring any penalty. Any exception to one or more of the general conditions must not be interpreted more widely or any analogy made and does not imply the intention of amending any other condition.
2. PLACE OF DELIVERY AND TRANSPORT In each and every case the delivery shall take place at the Seller's works. The transport cost and any other cost or tax payable on the goods are to be charged to the Buyer. The choice of the most suitable transport method shall be decided at the absolute discretion of the Seller who shall not, under any circumstances, be responsible for any missing, delayed or irregular delivery by the appointed forwarding company, and it remains absolutely and explicitly understood that the goods always travel at the Buyer's risk even if goods were sold free or to the Buyer's domicile. If the Buyer does not collect the goods in accordance with the agreed terms, he shall refund the Seller for the warehousing cost in a percentage equal to 0,2% of the sale invoice amount of the goods, per every week of delay; after 30 days the Seller shall have the right to sell the goods by any means on behalf of the Buyer and to keep from the proceeds of the sale both the whole price due (whatever the agreed payment terms may be) and any pertinent expenses borne by the Seller.
3. DELIVERY DATE The delivery date is always approximate and no delay which may occur can be invoked as a reason for cancellation of the contract or for any other purpose. In case of delay in the delivery of machinery longer than 30 working days, the Seller shall pay to the Buyer a 0,25% penalty for every additional complete week (August excluded) till the week in which the delivery takes place and the max. penalty shall not exceed 3% of the order confirmation total amount. The penalty shall include any direct or indirect damage or indemnity no matter how claimed for by the Buyer. In case of fire, collapse, flood, lack of supplies, troubles in transport, strikes, lock-out or other events due to force majeure causes which prevent or reduce significantly the production in the Buyer's works or block the transport between the Seller's works and the destination place of the products, the Seller is entitled to an extension of the delivery time upto 45 days (that can be extended to 90 days for the more serious cases) , provided that the Seller notifies in writing the counter-party of the force majeure cause incurred. Delays in the delivery of equipment and accessories cannot be considered a cause of delay if it does not exclude or prevent the normal use of the machinery. The delivery date is that of the day in which the machinery is ready for testing at the Seller's works in which place delivery is always understood to take place in each and every case.
4. SUBJECT OF THE SALE The equipment and machinery described in the contract are the subject of the sale. The machines are supplied according to the Buyer's instructions and it is up to the two parties to provide for all the legally prescribed safety protections according to the use for which the machines shall be employed. The acceptance, without explicit reservations, of products not in conformity with the type or quantity specified or in conditions different from those included in the order confirmation, implies the acceptance of the supply from the Buyer's side. The above mentioned reservations shall not be effective unless expressed in writing by the Buyer not later than 30 days from receipt of the goods.
5. MACHINERY TESTS The test of the machinery shall take place at the Seller's works before despatch, with the raw material normally supplied by the Buyer. If expressly requested, the Buyer has the right to be present at the tests or to be represented. The tests are considered approved if the Buyer has not attended them.
6. STARTING At the Buyer's request, the Seller may provide his own staff to start up the machinery or equipment. The terms for such service - if requested - are those established by AMUT-COMI. The Buyer shall be responsible for the work, workmanship and everything else necessary to erect and install the machinery.
7. OUTPUT AND CHARACTERISTICS The description and technical data indicated in the quotations, circular letters, offers, literature, price-lists etc. are approximate information and are not binding if they are not expressly specified in the contract, however always in accordance with the normal tolerances.
8. GUARANTEE The Seller guarantees to the Buyer, but not to any party deriving rights from him, the machinery subject of the contract for a period of 12 months from the invoice date. Any claims must be made in writing to the Seller and must indicate in detail the claimed deficiencies and non-conformities. The guarantee is fulfilled and satisfied with the free repair or replacement of those parts which cannot be used as a result of defects or faults in the material, manufacture or workmanship, provided that those parts are sent back to the Seller, when it is requested that they are sent back. Apart from the repair and replacement mentioned above, the Seller shall not be responsible in any way at all, and in particular the Buyer shall not have the right of cancelling the contract or of any claim for damages.
If repairs and replacement have to be carried out in the place where the machinery is installed, the hourly rate and the travel, board and lodging expenses of the AMUTCOMI technicians will be at the Customer's charge (including fixed call-out charge). The Seller shall not be responsible in respect of faults arising from the materials or plans provided by the Buyer. The Seller shall be responsible only in respect of those faults which are related to the use conditions as indicated in the instructions book and if the machinery is used correctly, but not in respect of faults arising from causes which may occur after delivery. The guarantee does not cover damage or breakages arising as result of normal wear, negligence in handling, lack of experience, misuse of the machines by the Buyer and will cease if payments are not made by the Buyer on the dates due or if machinery or part of it has been altered or repaired without the permission of the Seller. In all cases any legal action in respect of defects, faulty quality, unsatisfactory output or lack of specific qualities and for any other reason or claim, the legal position remaining unchanged (Art. 1495 C.C.), must be initiated by the Buyer within the guarantee period under the penalty of forfeiture of the right of claim; the right of action will be or will become unenforceable if the Buyer is in arrear with the payments even in respect of one single instalment. 
9. TECHNICAL ASSISTANCE AND PRICE REVISION If expressly required by the Buyer, the Seller may arrange to send out technicians to supply training, information and demonstrations of the machine operation and to make practical processing tests, repairs and replacements which were not covered under the guarantee of the contract; unless otherwise agreed, the costs of such services shall be charged entirely to the Buyer and according to AMUT-COMI rates. In any case, such assistance shall be given only if the Buyer is up to date with his payments. Any price revision shall be subject to agreement.
10. PLACE AND PAYMENT TERMS AND PROPERTY RESERVE Each payment must be made at the Seller's head office, unless otherwise stipulated in the contract. The issuing of bills of exchange, which must always be paid, will neither alter the place at which payment is to be made nor constitute renewal of the pre-existing terms. Sale with payment by instalments is subject to the conditions of Property Reserve on behalf of the Seller until the price agreed has finally been paid in full. Absence or delay in payment of one or more instalments which, in all, exceed an eighth part of the invoiced price, shall give the Seller the right to repossess immediately whatever has been sold and to retain the instalments already paid as indemnity, unless possible subsequent losses and, in every case, to suspend further deliveries. The Seller reserves the right to enter at the Buyer's expenses the documents concerning the sale and the credit, in the register referred to in the 2nd art. 1524 C.C. In the event of failure to comply with the terms of payment, the Seller has the absolute right of requesting return of the goods or payment of the balance due. In case of postponed payment the same interest percentage applies as agreed for the delayed payment. The Buyer is obliged to pay in full even in case of dispute or controversy.
11. CARE AND CUSTODY Until the total payment of the agreed price, the Buyer is responsible in respect of risks connected with the care and custody of the goods sold, including cases of accident or of "force majeure". The Seller may require that the Buyer insures the goods bought against ALL RISKS.
12. PROHIBITION OF TRANSFER AND EXPORT Goods bought, but not paid for, cannot be transferred without previous written permission of the Seller. The Buyer cannot export the goods bought until payment has been made in full.
13. DRAWINGS AND TECHNICAL DOCUMENTS Any drawings or technical documents relating to the construction or assembling of the products sold or of parts of them, that are delivered to the Buyer, either before or after the contract stipulation, remain the exclusive property of the Seller. The above mentioned drawings or documents cannot be used by the Buyer or copied, reproduced, transmitted or communicated to third parties without the Seller's agreement.
14. CHANGE OF OWNERSHIP OR OF TITLE BY THE BUYER In the case of legal or economic modifications or changes in the Buyer's Company (assignment, sale, merging, reduction of capital or similar) the Buyer shall immediately notify this to the Seller who can consider the contract nullified "ipso jure" or accept the new position keeping as valid the obligation of the original Buyer. The Buyer is obliged to inform the Seller immediately of any action which should be taken in respect of the machinery sold to him but not yet paid in full.
15. EXPENSES AND TAXES Each and every cost, expense and charge connected with the present contract shall be charged to the Buyer.
16. COURT OF LAW For any dispute or other matters arising from the contract, the only competent court of law is Pavia.