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Selling terms

1 General conditions

Supplies will only include what expressly specified in Magnetic S.r.l. order confirmations and in explicit written agreements between Magnetic S.r.l. and its customers.
Eventual changes or communications during the supply will not constitute novation of the contract.
Magnetic S.r.l. will confirm the acceptance of the orders within 30 days after their receipt. During this time the order is irrevocable by the client.
The supply can be suspended at any time in case of change of the property conditions of the Buyer according to art. 1461 of the Civil code. 

2 Prices

Unless differently agreed in written, prices are intended ex-works Magnetic S.r.l.
Returned packings are not accepted. 

3 Payment terms and methods

Payments (proquota in case of partial shipments of separate parts) must be made according to the terms established in the order confirmation to Magnetic’s domicile.
It is however intended that the risk during the money transfer is always at the customer’s charge, no matter what is the way of transmission.
If the payment is made through bills both the discount interests and the relative commissions and expenses will be charged to the customer; the default interests will be calculated by adding 3 points to the official discount rate.
Under no circumstances the Client is allowed to put on hold or defer a payment, not even in case of late delivery of materials or assemblage or after any type of dispute. In case of late payments the vendor will charge, with no put in suit, a default interest calculated at the official discount rate plus three points without this enabling the Buyer to postpone the payments.

4 Retention of property rights

It is explicitly agreed that, in case of supplies with deferred payments, the client becomes the owner of the goods received only at the time of their total payment, still bearing the risks from the time of delivery. Unless differently agreed in written with Magnetic S.r.l., any client deed or behavior that is of prejudice to Magnetic S.r.l. right to reclaim the goods, will make the client liable towards Magnetic S.r.l., including any applicable legal sanctions.  

5 Delivery terms

The delivery time begins at the agreement of every particular of the contract and does not start before the receipt of the payment of the advance installment when foreseen. If the client does not meet the contractual obligations, Magnetic S.r.l. is entitled to delay the delivery, in particular:

  • if payments are not made punctually
  • if the client does not supply in time all the data needed for the supply
  • if the client does not give the approval to technical data sheets (drawings, execution schemes, etc.) when required
  • if the client requires changes during the order execution
  • if the client does not supply in time eventual components
  • if the execution of the orders is hindered or impeded by any cause that goes beyond the reasonable control of Magnetic S.r.l, including proved delays of the sub-suppliers
  • if the delay is due to a cause beyond control

The delivery, according to article 1510 Civil Code, is intended in the manufacturer’s plant and executed when the goods are collected by the client or by the forwarder. All transports, including carriage paid delivery, are at the customer's risk. 

6 Technical data

The components, unless differently agreed in written, are manufactured in accordance with CEI norms.
The weights are intended for information only and are not binding, except for supplies where the price is agreed according to the the weight.
Magnetic S.r.l. reserves the right to incorporate at any time not substancial alterations to the products, that are deemed convenient and that will be notified to the client in case they concern the installation.
Magnetic S.r.l. will be obliged to execute the eventual technical changes required by the client to what foreseen in the offer or in the presented drawings only afterf full written agreement on the variations that such changes should cause on prices and/or delivery time previously established; the presentation of the proposal of change does not suspend the contractual clauses.
Magnetic S.r.l. is the only proprietor of the drawings and the technical data concerning the supply. The client is committed to not hand over to third parties, reproduce or use for any other purposes the drawings or divulge the information received, unless differently agreed in written.

7 Testing

All products are tested before the delivery to the client.
The client can attend to the normal testing of the materials at its expenses during the normal working time, by notifying Magnetic S.r.l. in due time. In such event the client will be informed about the day and the time the tests are scheduled. The tests will be carried out also in case the client is not present. The results will be provided (if required) to the client and will be valid as testing. If the client requests and Magnetic S.r.l. accepts to perform particular tests, the relevant costs will be borne by the client.

8 Guarantee

Magnetic S.r.l. guarantees the good quality and good manufacturing of its materials for a period of 12 months from the delivery date. During the guarantee period Magnetic S.r.l. undertakes to repair or replace free of charge in the shortest time any part resulting defective, due to bad quality of the material or defective working or assembling (in case the assembling is made by Magnetic S.r.l.).
The guarantee is not applicable in case of faults due to natural wear, carelessness or negligence of the client, overcharges exceeding the contractual limits, not authorized operations, mishandling carried out or made carried out by the client, failure to respect the instructions for use or maintenance, use of spare parts or materials which do not originate from Magnetic S.r.l., fortuitous circumstances or force majeure reasons.
At the end of the period the guarantee expires, also in case the goods have not been in service for any reason.
The guarantee repair or replacement operations will be carried out by Magnetic S.r.l. on site only at the condition that the client has fully met all obligations (payment included).Before returning the product under guarantee, the buyer must first receive the written approval of Magnetic S.r.l. No complaints will be accepted or credit given without such authorization. Goods must arrive free of any duties and charges.

In no case may the client demand cancellation of the contract, price reduction, payment of damages of any kind for expenses, immediate and indirect losses (including, in particular, claims for production and profit losses for the time machinery is not operational) caused by what indicated at the beginning of the present paragraph as well as by the above mentioned repair and replacements.
The repaired or replaced products will travel at the client risks and expenses.
For the parts purchased by Magnetic S.r.l. from other suppliers the guarantees supplied to the client are those received by the suppliers.
Materials and parts subject to continuous wear as well as overvoltage dischargers are excluded from the guarantee.
In no case the forfeiture and prescription times foreseen in art. 1512 Civil Code can be extended.

9 Converters set-up and assistance

Drives are set on site with the respective motors; they are supplied with exhaustive manual (Italian/English) for the installation and set-up adjustments.
For the first supply, when connections are made, the client can require the technical support of a Magnetic S.r.l.’s technician at its plant for an eventual test and/or set-up adjustments with the only charge of travelling, board and eventual lodging expenses.
The customer will always be charged for assistance supports at its plant for check or failures, under warranty or not.

10 Controversies

All contracts are governed in accordance with Italian laws in force, even if agreed with foreign parties or for goods supplied to foreign countries. For all disputes and/or disagreements linked to and resulting from this agreement, its execution or cancellation, the place of jurisdiction shall be the one of Magnetic’s registered office even in derogation of the article 32 and subsequent of the Code of Civil Procedure excluded for the client the possibility of starting legal proceedings
Eventual disputes do not exonerate the client from the respect of the payment terms agreed and imply no delay of the scheduled maturity.
The contract expenses and the cost of registration are charged to the client.

11 Privacy

Clause “Personal Data Protection – Law n.196/2003”
Personal data collected directly and/or through third parties by the controller Magnetic S.r.l, via del Lavoro, 7 – 36054 Montebello Vic.no (VI), are processed in printed, computing and telematic form for the performance of contractual and lawful obligations as well as for the effective handing of business relations, also for the future. The e-mail addresses as well as the traditional addresses supplied may be used by the company to send advertising material concerning services similar to those object of the commercial relationship in force, unless you object.
The non-submittal of data, where not compulsory, will be evaluated from time to time by the controller and the resulting decisions to be made will take into account the importance of the required data in respect of the business relation management.
Data may be disclosed, strictly in accordance with the above-mentioned purposes, and consequently processed, only in relation to the said purpose, by the other subjects :

  • our agents organization
  • factoring companies
  • banks
  • credit recovery companies
  • credit insurance company
  • business information companies
  • professional and consultants
  • transport companies

The data subjects may exercise all the rights set forth in art.7 of L.n.196/2003 (including the rights of data access, updating, objects to data processing and cancellation).