The following terms and conditions of purchase shall govern orders placed and/or purchase contracts concluded by Emporio Ricambi Rossi Spa (hereinafter Emporio). These terms and conditions of purchase shall prevail over any of the supplier’s conditions of sale.
Orders and changes to them
Orders and supply contracts must be formulated in writing. Orders and changes to them may be also issued by electronic or fax transmission. The order confirmation must be sent by the supplier to Emporio no later than two working days after its dispatch. Orders are binding and are deemed to be automatically accepted after the fixed term has expired. If an order is not confirmed, Emporio will have the right to cancel the order.
Execution of the contract
The goods and/or services must be delivered / supplied to the place of delivery indicated in the order or in the supply contract. The dates and the agreed terms are binding. The supplier shall notify the Purchasing Office of Emporio immediately if any difficulties are foreseen that could impede its ability to deliver or provide goods and services quickly and to the required quality. The provision is accepted by Emporio if and only if the characteristics of the products correspond to the information set out in the order. Accepting the delivery of goods or a supplying services late does not mean accepting a request for damages.
The goods will be accepted if, and only if accompanied by transport document indicating the order number and code assigned by the manufacturer to the products covered by the order. A copy of the transport document must be paid in advance electronically to Emporio, and must arrive before the goods are delivered. The goods must be packaged in such a way as to ensure the arrival at the destination in perfect conditions of use. Any costs that arise as a result of any damage due, in Emporio’s opinion, to unsuitable packaging will be charged to the supplier. The risks related to products will pass to Emporium at the time of delivery at the place indicated in the order. The supplier shall be obliged to compensate Emporio for any damage resulting from a delivery delay, with the exception of damage resulting from a force majeure. The costs that arise as a result of any damage caused, in Emporio’s opinion due to unsuitable storage within the carrier’s vehicle, will be charged to the latter.
If products ordered by Emporio are to be exported, the supplier is obliged to provide a written statement concerning the origin of the products, which may have significance for the relevant customs formalities. The supplier will be responsible, as of now for compensating Emporio for any damage arising from false or delayed statements. If necessary, the supplier will verify their own statements by means of original documents from the customs authorities from the place where its registered office is located.
Price and Payment
The sale prices will be agreed in the supply contract or in the individual order. The agreed prices cannot be increased, unless otherwise agreed in writing. In this case Emporio will be obliged to pay the difference. The payment terms will always be indicated in the order.
Returns and complaints
Acceptance of the goods and/or services is subject to inspection and monitoring by Emporio in order to verify the lack of defects, and accuracy and suitability. Emporio has the right to inspect the goods as soon as possible, during the normal course of business. Emporio will give prompt notice of any defect after its discovery. The supplier waives the right to rely on any delays regarding notification of defects. The costs relating to supplies of faulty goods or services will be at the full expense of the supplier with particular regard to the costs of transport, processing, inspections and tests. The supplier is obliged, at the request of Emporio, to immediately compensate for any damage suffered by Emporio resulting from faulty products or services provided. In cases where damage is caused by a faulty goods or services, the supplier will indemnify Emporio for any claim made against Emporio by a customer or third parties for product liability. In any case, the supplier is always directly responsible in the event of damage attributable to the good or service provided. This will result in the supplier bearing of all costs, including legal expenses and those of product recalls.
Any disputes will be settled in the Court of Udine.