EXTRACT FROM GENERAL CONDITIONS OF SALE
These conditions are valid and binding for any Order placed by the Purchaser and/or any buyer-seller relationship between the Parties.
- The general conditions may be amended and/or updated by Osculati due to new laws and regulations or other reasons.
PRODUCT CHARACTERISTICS AND DESCRIPTIVE/ILLUSTRATIVE DOCUMENTS
- The characteristics and/or technical specifications of the products described or illustrated in any form – website included - are only indicative and shall not be binding for Osculati.
ORDER AND ORDER CONFIRMATION
- Orders below €200 net: €10 for operating costs.
- Orders outside EU: €25 operating costs.
- Certificates of Origin: €90 each.
- Order confirmation is binding for the Purchaser unless it is immediately withdrawn by the Purchaser.
- Any further product request submitted to Osculati by the Purchaser once the Purchaser has received the notification of goods under preparation, shall be considered as a new and independent order.
- Any offer shall be considered as not binding unless otherwise expressly agreed.
- Prices are ex works Osculati’s warehouse and net of all applicable taxes, custom duties, insurance, packaging and anything not explicitly mentioned.
- All prices are indicative and periodically updated. Current prices are published on www.osculati.com.
METHOD OF PAYMENT
- Payments in advance must be received within the validity of the offer, otherwise the offer itself will be cancelled.
- In case of unpaid invoices or delayed payment the Italian Law Decree Nr. 192 dated 9th November 2012 shall be applied. The amount of €40 will be charged to the Customer by way of damages (save any further damages). The charged interest rate shall be 8% above the base rate charged by the European Central Bank on refinancing operations. Interests will be charged without the need for formal notice of default to be given by Osculati.
- In case of instalment sale, the Purchaser does not receive title to the goods until the last instalment of the Price has been paid, anyhow the Purchaser bears all risks from the time of goods delivery; as a consequence, the Purchaser shall pay to Osculati the whole price in case of theft, damage, fire or any other accidental case.
- The Purchaser cannot sell, donate, exchange, alienate, grant a pledge, sequestrate, in any way alter or bind the Products until the Price has been paid in full.
- In case of non-payment of two or more instalments (even not consecutive) whose amount exceeds the eighth part of the full Price due, Osculati will be entitled to demand immediate return of goods as well as of all the relevant documents.
- Osculati will also have the right to obtain the operation of the acceleration clause. Should this be the case the Purchaser shall have to pay immediately the whole agreed Price.
- Moreover, the delayed payment of even one single instalment will entitle Osculati not to fulfil any other contractual obligations undertaken in respect of other Purchaser’s deliveries.
TERMS AND CONDITIONS OF WARRANTY
Products sold by Osculati are backed by the legal guarantee on consumer goods, which protects the purchaser if defects occur after the date of purchase.
As required by the Consumer Code, the legal guarantee is 12 months for purchases made by professionals, with a regular invoice. By "Professional” we mean anyone who trades marine goods or services.
The legal guarantee recognised in trade between professionals (B2B) is therefore 12 months from the invoice date, except for particular extensions occasionally agreed with the seller (also for a fee).
REFERENCES OF THE LEGISLATION
RETURN SHIPMENTS TO OSCULATI
Returns of goods to Osculati without an RMA (Return Merchandise Authorization) number are not possible. Non-authorized shipments will be rejected.
RETURNS OF DEFECTIVE PRODUCTS
In case of defective products or major visual flaws compromising the product use, returns are possible following the procedure below:
- Contact your Sales Representative or submit the RMA request form attached (downloadable from www.osculati.com).
- In case the product must be returned, an RMA number will be issued.
- Apply the RMA number to the parcel in a visible manner and send the package to Osculati at your charge. After assessing that the product is really defective or non-compliant, Osculati will, at its sole discretion, repair, replace or refund the product.
RETURNS OF MIS-SHIPMENT
In case of discrepancies between the goods received and the related invoice or purchase order, contact your Sales Representative or submit the attached RMA request form (downloadable from www.osculati.com) within 8 days from the delivery, attaching a picture of the product received. Please wait to receive the RMA number before shipping the goods.
Commercial Returns are returns of products still not used and undamaged, in their original package and without visual flaws. The request for Commercial Returns must be submitted to your Sales Representative within 30 days from the delivery, also submitting the attached RMA request form (downloadable from www.osculati.com). Osculati will accept the request at its sole discretion.
Commercial Returns charge: €3 per item code (MIN. €10) + 5% of the returned goods value.
In case the returned product is not intact or the original packaging is damaged or manipulated, Osculati will reserve the right to charge the reconditioning and handling costs, equal to €20 per item code.
DELIVERY AND SHIPMENT TERMS
- Delivery terms are only indicative. Osculati cannot be held responsible for any delays in the delivery of the Products, nor by any consequential damage caused by late delivery.
- Unless otherwise agreed delivery charges shall be borne by Osculati and then added to the purchase invoice. Possible customs clearance charges shall all be borne by the Purchaser.
- Osculati has however the right not to fulfil the Order, although it has been confirmed, if the Purchaser is insolvent in relation to other deliveries or towards other suppliers or in case he can no more offer valuable assets guarantees.
- If the packaging has not been damaged, any faults or defects of the Products shall have to be notified in writing to Osculati within eight days from delivery, under penalty of loss of the right to appeal.
- On receipt of the goods, if the products or the boxes are damaged, open or without the original Osculati packaging or adhesive tape, the purchaser shall:
- accept the goods subject to checking. On signing, specify in the delivery note the reason for accepting the delivered products subject to checking. Act in this way whenever it is suspected that the packaging has been somehow damaged.
- send immediately a written report both to Osculati and to the forwarding agent describing the damage in detail, send also copy of the delivery note.
Osculati shall not be liable for any product damage occurred during transport unless what mentionedbefore has been scrupulously observed.
- If the shipment has not been arranged by Osculati but by the purchaser, the goods will travel at his own risk.
INTELLECTUAL PROPERTY RIGHTS.
- The Purchaser acknowledges the Intellectual Property Rights of Osculati.
- The Purchaser undertakes not to remove, alter or modify the Trade Marks, the Product identification marks and all the distinguishing features of which Osculati can avail itself applied on the Products and/or their packaging. He also undertakes not to alter the Products, nor any single box and/or packaging.
- The Purchaser undertakes not to file and/or register, both directly and/or indirectly, also by means of third parties, trade marks, trade names, names, domain names and other distinguishing features identical and/or similar and/or that can be conflicting with those of Osculati or whose use can be availed by Osculati.
JURISDICTION AND APPLICABLE LAW
- The buyer-seller relationship shall be exclusively regulated by the Italian Law. Any dispute arising from the sale of goods by Osculati S.r.l. shall be submitted to the exclusive jurisdiction of the Court of Milan, whereas any dispute arising from the sale of goods by Osculati & C. S.p.A. shall be submitted to the exclusive jurisdiction of the Court of Lucca.
UNIT OF SALE
With the aim of giving you the maximum transparency and to optimize logistics, all items are managed by gross "unit of sale": roll, package, bar, etc. In these situations, unit prices are shown just for your convenience.
Please send all your orders in the following format. Example:
BU bulk version