GENERAL CONDITIONS OF SALE

TERMS AND CONDITIONS

These “General Conditions of Sale” cover all sales by the company TURRI TECHNOLOGIES SRL with headquarters in Sarnonico (TN), via Marconi n.8/A, VAT number 02473080220 which operates for the Products in question with the Brand SEKTOR CUTTING EXPERT (the Seller). The Conditions are an integral part of the purchase order confirmation of the Products signed by the Buyer and are considered accepted with the placing of each order, including verbal or telephone. Any variation will be valid only if accepted by TURRI TECHNOLOGIES SRL-SEKTOR CUTTING EXPERT in writing. The Seller reserves the right to vary the Conditions at any time and without prior notice and the Buyer is invited to review the Conditions every time they wish to send an Order. Any conflicting provisions of the Buyer are contraindicated and do not apply.

• Purchase Order and Conditions. Each Order is binding on the Seller and the Buyer. By signing the Order, the Buyer accepts the Conditions, declaring that he has read them and understood their meaning. The signing of the Order by the Buyer therefore implies knowledge and acceptance of the Conditions. Except for specific written waiver agreements, the Conditions prevail over any other clause included in documents used by the Seller. The Products are not supplied on trial basis, the Buyer is responsible for the choice of products and their conformity to their needs.
• All the elements that make up the request to purchase the Product are indicated in the Order. Any requests for changes to the Order by the Buyer must be made in writing and reach the Seller within 1 day from the date of signing the Order. The Seller, subject to feasibility, may communicate its acceptance to the Buyer within 3 working days of the change request; in case of silence on the part of the Seller after this deadline, the request for variation will be deemed not accepted and the Order will remain valid in its original content.
• Purchase prices. The SEKTOR CUTTING EXPERT price list is subject to change at any time and without notice and contains the suggested sales prices, excluding value added tax (VAT); transport and delivery costs, customs costs or other taxes as well as public taxes imposed by foreign states. Any invoice must be requested at the time of signing the Order. The prices indicated are not binding; they will not be modified before the Order is processed unless there are changes in the costs of raw materials, labor or energy or in government tax or sales tax amounts subsequently occurring. Payment of the balance of the price will take place by paying the amount described in the order within 30 days from the invoice date. In the case of delivery spread over several periods, the Buyer must, for each of them, pay the amount corresponding to the value of the goods delivered. If the Buyer does not fulfill his payment obligation on the due date, the seller may, without waiving any other rights to which he is entitled, terminate the contract or suspend further deliveries to the buyer, or charge the buyer default interest equal to at the expected rate above the base rate of the European Central Bank, until final payment. In this case the Seller may retain as compensation any sum collected in advance, without any prejudice to the right to claim further damages.
• Delivery of the goods. Delivery terms are approximate and never binding; subject to production impediments due to force majeure, we reserve the right to also provide partial deliveries. The goods travel at the customer’s risk, even if exceptionally delivered free of charge and damage or shortages occurring during transport are not remedied. During shipping, the Products are partially insured against theft, damage and loss. If the Buyer intends to collect the Products directly from the Seller’s warehouses, the goods must be collected by the customer no later than the established delivery date. After this period, the buyer will be responsible for storage costs in the warehouse, it being understood that if the buyer does not collect the products within 15 working days from the established date, the seller may terminate the contract and retain as compensation, up to amount of the damage suffered, any sum collected in advance, without any prejudice to the right to claim further damages. The Seller is not responsible for any delays in the delivery of the Products, nor does it give the Buyer the right to claim compensation or compensation of any kind. In such cases of delays and misunderstandings in the delivery of the Product, the Buyer undertakes not to make any claims for compensation or restitution against the Seller; the shipping costs of the purchased Products are borne by the Buyer; once delivered to the Buyer, the Products cannot be returned to the Seller except in the case of errors attributable to the Seller which must be expressly communicated. Any storage costs of the Products due to incorrect recipient or non-acceptance of the Product by the Buyer are borne by the Buyer.
• The Seller guarantees compliance with the Order as well as the absence of defects in the Products sold. This guarantee does not apply in case of non-diligent use of the Products; non-diligent assembly of the Products on machine tools or systems; non-diligent storage and maintenance of the Products; repairs or interventions carried out on the Products by third parties without the consent of the Seller. The above guarantee operates for a period of 12 months from the date of delivery of the Products and cannot be suspended or extended as a result of non-use of the Products. Within 10 working days of delivery of the Products, the Buyer, under penalty of forfeiture of the warranty, must carefully examine each Product in order to ensure that the supply corresponds to the quantities and qualities indicated in the Order, verifying the existence of obvious defects. Communicate in writing to the Seller the possible existence of verified quantitative or qualitative defects or discrepancies. After this deadline, the supply of the Products will be considered accepted without reservation by the Buyer with the consequent waiver of the same to raise any obvious defects. In the event of repeated supplies of Products with the same characteristics, the Buyer waives the right to exercise any claim deriving from quality defects, if the same have been previously accepted without any objection having been communicated in writing. In the event of recognition of defects by the Buyer, the Seller may, at its discretion, replace the Product free of charge without any further liability. No other form of intervention under warranty or compensation may be claimed by the Buyer, excluding any liability for direct, indirect or accidental damages that may arise from the defectiveness or non-conformity of the Products. The Seller assumes no responsibility for the defectiveness of the goods if the purchase price due has not been paid by the due date. If the Buyer does not pack the goods to be returned correctly and in compliance with transport regulations, he will be responsible for any resulting damage. The seller may request from the Buyer reimbursement of costs incurred due to the unjustified rectification request (transport costs, labor, material).
• Retention of title. All Products supplied by SEKTOR CUTTING EXPERT remain its property until paid for. The Buyer has the right to resell the goods as long as he is not in arrears with payments. Credits deriving from the resale of the goods are now passed from the Buyer to the Seller. Furthermore, the Buyer does not have the right to give the goods as guarantee to third parties or as a pledge, until they have been fully paid for. The compensation of ownership does not cease even in the case of accounting of the balance in the form of a current account. In the event of non-payment by the Buyer, within the agreed terms, even of a single instalment, the Seller will have the right to declare the Buyer forfeited from the benefit of the term and to demand immediate payment, in whole or in part, of the credit residue. The Seller will have the right to withhold the price installments collected as compensation for the use of what is supplied. The Buyer acknowledges that products returned under these Conditions are without significant deterioration or damage. The Buyer is required to treat the goods subject to retention of title with care. You must adequately insure its new value against water, fire and theft at your own expense. The Buyer may collect the credits assigned to the Seller on behalf of the latter, provided that the Seller does not revoke this authorization. Seller’s right to personally collect such debts shall not be affected; moreover, the Seller will not enforce the credits and will not revoke the direct debit authorization as long as the Buyer regularly complies with his payment obligations. If the Buyer is late in paying a payment request, the Seller may require the Buyer to inform us of the assigned credits and the respective debtors, to deliver to the Seller all documents providing the information necessary for the Seller to enforce the credits .
• Other provisions. The Seller has the right to modify and improve the goods without having to inform the Buyer in advance, provided that the modification or improvement does not have a negative effect on the form or function of the Product. The Buyer’s free right of withdrawal is excluded.
• Applicable law; Jurisdiction. The Seller shall have the right to sue the court competent for the Buyer or any other court competent under national or international law. For any disputes arising from this contract, the Court of Trento will be competent.