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GENERAL SALES CONDITIONS OF TAKA S.R.L.
1.1 The purchase orders must be sent by the Customer by fax, email or telephone; the order will only be considered valid after written confirmation from TAKA by s.r.l..
1.2 No other contractual condition will be considered valid unless it has been accepted in writing by both parties.
2.1 In case of failure to pay even part of the price, TAKA s.r.l. is entitled: a) to demand payment of the whole price; b) to terminate the contract and withhold what has already been collected, by way of penalty, without prejudice however to the right to damages. TAKA s.r.l. reserves the right to suspend shipment of the goods if the customer does not make the agreed payments and/or fails to fulfill one or more obligations.
3.1 In any case, delivery dates will be those indicated in the order confirmation and must be considered purely as approximate and non-binding on TAKA s.r.l.. In case of force majeure (as indicated in art. 8) it will be Taka s.r.l.'s responsibility to take steps to identify the best way to warranty the delivery, in agreement with the Customer.
3.2 Under no circumstances and for no reason, will TAKA s.r.l. be required to pay any compensation for any direct or indirect damage due to delays in delivery caused by the carrier.
3.3 In cases where the Customer is responsible for collecting the goods, if the Customer fails to make the collection within ten days of the “goods ready” notification, Taka s.r.l. shall anyway issue to the relative invoice and charge all and any additional costs. Furthermore, any risk of loss and/or damage regarding said goods shall be understood as borne by the Customer. In case of an unjustified refusal, the Customer shall pay TAKA s.r.l., by way of penalty, a sum equal to 1 % of the sales price for every week of delay.
Unless otherwise indicated in the offer or in the confirmation of the order, the warranty is valid for twelve months from the delivery date. Should the Products expire more quickly than the term of the warranty, the warranty shall be understood as having a validity equal to that of said expiry. Under penalty of forfeiture, the Customer shall report defects and faults that can be determined immediately within ten days of the receipt or, in the case of hidden defects or faults, from the date of their discovery, by means of registered letter with return slip. In implementing the warranty, TAKA s.r.l. may opt:
a) to replace the goods that are identified as defective, under its own responsibility and its own expense; or
b) refund the price.
The Customer forfeits the warranty when: i) they do not make the goods available to TAKA s.r.l. to be checked, following the report of defects or faults; ii) destroy the goods without TAKA s.r.l..'s authorisation. The Customer may not suspend payment for the Products, when there are faults or defects in them. Without prejudice to the above, if, as a result of the defects of the Products, TAKA s.r.l. is considered liable for the payment of compensation to the Customer this compensation may not under any circumstances exceed the value of the defective part of the products covered by this warranty. The warranty referred to in this article replaces the warranties and responsibilities provided for by law and excludes any and every other responsibility of TAKA s.r.l. however it originated from the supply of the goods.
5.1 TAKA s.r.l. declines all responsibility for any damage that might directly or indirectly derive to people or property following the failure to observe all the prohibitions indicated in the technical and safety data sheets. In particular, TAKA s.r.l. will not answer either for work by the Customer using the materials provided or for any alteration the said materials might have undergone.
8.1 In case of withdrawal, the Purchaser will only be due the return of sums paid in advance, minus any compensation for damage.
9.1 In case of delayed payment at the due dates agreed, the legal interest for arrears pursuant to Legislative Decree no. 231 and subsequent amendments and additions dated October 9th 2002 can automatically be charged to the Customer without a formal warning thereof.
9.2. All the sums owing by the Customer to TAKA S.r.l. at that moment, including those relating to orders and supplies, will immediately become payable in full and any easy term payments granted must be understood as being revoked, with the right reserved to suspend the supplies being made. Any renewal of promissory notes will not however constitute novation and, if agreed, the non payment of even one of these at the new due dates will give rise to the operation of the acceleration clause.
9.3 In case of an unsolved of a bank receipt, bank and secretarial costs will be charged in addition to default interests. In case of late payment of a check or bill of exchange bank charges, protest charges, default interests will be charged according to the law (art. 8 law no. 386/1990).
9.4 TAKA s.r.l. shall be entitled to be reimbursed for the out of court or court legal expenses incurred for the recovery of sums not paid in time.
In the case of hire-purchase and / or with deferred payments, the same must be understood as made with reservation of ownership in favor of Taka, up to the total payment of the agreed price, in addition to the accessory charges. Taka is authorized to carry out, at the Buyer's expense, all the necessary formalities to make the retention of title against each third party.
12.1 If a contractual provision in these general sales conditions is deemed to be invalid or null, this circumstance will not jeopardise the validity of the other provisions that shall remain valid and effective.