The following terms are intended as unconditionally and fully accepted upon the order placement, being it written or verbal, unless written consent by the Seller.
If there is any conflict or inconsistency between the Italian version and the English version, the Italian shall be the governing and prevailing version.
In these Terms "Buyer" means the person or company purchasing the Goods and related service, "Goods" means the products that the Seller is required to supply by the Buyer, "Seller" means BAGLEM S.r.l., "Terms" means the standard terms of sale as below specified.
All the prices are intended as EX Works (EXW).
Regardless of the order quantity, the goods will be packed in standard package or multiples thereof. Special packages required by the Buyer shall be billed without any quantity discount. This does not apply in case of special materials that require special packaging. The packaging is billed at cost price.
The payment shall be made timely according to the invoice issued by the Seller. The issue and acceptance of promissory notes and bills of exchange shall allow in no case a derogation of the payment.Under no circumstances, the Buyer may delay the agreed payment, nor shall be entitled to exceptions before the finalisation of the payment.
RETENTION OF OWNERSHIP
In accordance with the Italian Civil Code art. 1523, the ownership of the goods shall not pass to the Buyer until full payment has been received.
LATE PAYMENT INTEREST
In case of delay in the payment, the Seller shall charge interests according to the rate indicated as “base rate per annum”, starting from the due date indicated in the invoice until the effective payment.
Even in case of DDP (Delivery Duty Paid), the Buyer shall bear all the risks related to the transportation. Any insurances are incumbent on the Buyer and shall be requested upon order. Unless specified otherwise, the Seller shall use a shipment method of their choice, without incurring any liability whatsoever. If due to force majeure the Seller fails to deliver the goods or delays the delivery, the Buyer shall not be entitled to compensatory damages.
RETURNS AND COMPLIANTS
No complaint shall be accepted after 10 days upon delivery. No return of goods shall be accepted without prior written consent of the Seller.
Within the warranty period, the Seller shall proceed with the replacement of all the goods deemed defective in terms of materials or manufacturing process, providing that they were not modified by the Buyer. The Seller shall only provide the replacements and shall not bear any responsibility for damages or losses related to the goods, including manual labour for installation/dismounting or purchase of additional pieces.
Our products and applications are protected by Italian and/or European patents.
All disputes or controversies arising between the Parties shall fall within the exclusive jurisdiction of the Court of Milan.