Contractual terms and conditions
The following general conditions of sale are an integral part of all our product supply contracts, even when orders are taken by telephone, verbally, by fax or e-mail.
1. THE ORDER conferred under the conditions of this is irrevocable. The order is intended to be given "subject to the approval of the House", and will become binding for the Nature Point following confirmation, or execution without prior notice, by Nature Point itself.
2. The PRICES are those fixed from time to time for each specific supply and do not include the expenses for registration taxes, and / or various taxes relating to the contracts. The prices of foreign goods are subject to revision if there are changes in exchange rates or customs rates or other taxes between the date of order commission and the invoice date.
3. PAYMENTS must be made at the time of delivery or the agreed deadline. They cannot be delayed or suspended even in the event of equipment failure, even if still under warranty, dispute or claim. Compensation is not allowed. Payments will in any case be charged in accordance with art. 1193 2nd paragraph of the Italian Civil Code and 1194 2nd paragraph of the Italian Civil Code
4. INTEREST In all cases of delayed payment, Nature Point is authorized to charge interest at the rate applied by the European Central Bank, increased by 2%, without the need for prior notice. Delayed payment also entails the forfeiture of any discounts or allowances, as well as the possibility, on the part of Nature Point, to suspend orders in progress, even if confirmed.
5. ALL OBLIGATIONS of the buyer (and therefore also the Public Administration, Universities, Research Institutes, etc.), including that of the payment of the price, must be fulfilled at the seller's headquarters in Trieste. Total or partial coverage of the price by means of bills or drafts, or collection through banking and postal services, or by issuing a payment mandate from the Treasury of the Public Administration, does not constitute a derogation from the place of payment which remains the headquarters of Nature. Point in Trieste (TS).
6. DELIVERY TERMS These are calculated in working days, are merely indicative and not binding, and run from the next day on which the order has been completed in every detail, including any advances to be paid. In any case, they cannot be considered essential to the contract except by express provision. Any claim for compensation for direct or indirect damages for any delays in deliveries is excluded and waived. The notice of goods ready for shipment is equivalent to delivery.
7. DELIVERIES Unless otherwise specified in the offer, the place of delivery always means the headquarters of the Nature Point in Trieste (TS) and delivery or shipping from elsewhere does not constitute an exception. The goods always travel at the Customer's risk and peril, even in the case of "carriage free" or "carriage paid" sales. The customer can still claim against who will have carried out the transport. We therefore advise, in case of delays, shortages or damages (even presumed) to immediately contest them to the carrier making due reservations before issuing the regular receipt.
8. THE COSTS OF TRANSPORTATION, INSURANCE, ASSEMBLY AND TESTING at the Customer, are charged to the same. The testing, in particular, is performed at our. Trieste office. The costs for any off-site tests, to be carried out within the terms referred to in the WARRANTY point, are charged to the Customer and must be requested in advance and confirmed with the acceptance of the order.
9. THE FUNCTIONING OR PERFORMANCE EXTREME of the single machines, or the TECHNICAL CHARACTERISTICS of the equipment and products, referred to in the catalogs and in the descriptions are approximate and are of a simple nature. Nature Point has the right to make changes on its own initiative which in its opinion involve improvements, without giving prior notice to the Customer, who will not be able to raise any objection.
10. WARRANTY The company Nature Point guarantees the machinery and anything else supplied, of its direct production, for a period of 12 months from the date of installation, but no later than 13 months from the date of shipment. Unless otherwise agreed in writing, tools, equipment, products and accessories supplied by Nature Point, but not of its own production, benefit from the guarantee conditions of the manufacturer.
If the buyer is not in default, the materials found to be originally defective will be repaired or replaced by Nature Point. Any claim for compensation for direct or indirect damages is excluded and waived. The parts to be repaired or replaced must be sent carriage paid to Nature Point Srl - P.za S.Benco 3 - Trieste (TS); those repaired or replaced are delivered to the Customer carriage forward. The warranty includes both the repair or replacement of defective parts, and the labor relating to the interventions. All those parts which, due to their nature or use, are subject to particular wear or deterioration, and in particular machine parts, electrical and electronic parts, subject to periodic replacement, are excluded from the guarantee. All damages caused by atmospheric agents, fires, natural disasters, war events and violence following riots or agitation are excluded from the guarantee. Damage caused by transport is excluded from the warranty. All damages deriving from negligence or improper use of the equipment and / or products are excluded from the guarantee. The warranty is void if any changes or tampering have been made to our supply, or any repairs have been carried out by unauthorized personnel. The judgment on the nature of the failures, on the integrity of the instruments, on the quality levels of production is unquestionably left to the Nature Point Technical Assistance Service.
11. RIGHT OF WITHDRAWAL Purchases made on our site are protected by Legislative Decree no. 206 of 6 September 2005. The Consumer can exercise the right of withdrawal within 14 working days of receipt of the goods. The right of withdrawal applies to natural persons who act for purposes not related to their professional activity. Purchases made by retailers and companies are therefore excluded. Furthermore, the right of withdrawal does not apply to goods made to measure or customized and to audiovisuals or computer software supports sealed open by the consumer. The right of withdrawal is exercised by sending, within the aforementioned period of 14 working days from receipt of the goods, a written communication by registered letter with acknowledgment of receipt addressed to: Nature Point srl, Piazza S.Benco, 3 - 34122 Trieste (TS). The communication can be sent, within the same term, also by fax or certified e-mail, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. This communication must contain the codes and the description of the products to be returned, as well as indications on how to reimburse the expenses incurred (money order, bank transfer, etc.) and any bank details. The transport costs will be borne by the buyer. The item must be returned NEW and in its original packaging so that we can resell it. Once we have received the goods and verified their integrity, we will, as soon as possible, credit the Customer with the cost of the returned products, withholding the expenses listed above.
12. RESERVATION OF OWNERSHIP All sales are concluded with the retention of title of the goods sold until full payment of the price. Therefore, the ownership of what has been sold will pass to the Customer only at the time of the balance of the price for which, up to that moment, the Customer will not be able to dispose of it with deeds of alienation, donation, leasing etc. In the event of termination of the contract, without prejudice to the other provisions of the law on sale with retention of title, as well as the obligation of restitution, the installments and advances collected by the seller will remain acquired by way of rent or indemnity, except the greatest damage.
13. JURISDICTION With regard to any dispute arising between the parties deriving from this contract, the Trieste court will be exclusively competent.
Place and date
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THE CLIENT
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CUSTOMER DECLARATION PURSUANT TO ART. 1341 C.C.
The undersigned Customer declares to have read, approved and accepted the contractual clauses 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
reported in these GENERAL CONDITIONS OF SALE of the company Nature Point Srl.
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THE CLIENT