General sales conditions
GENERAL TERMS AND CONDITIONS
- Sales conditions applicable here included are meant to be fully accepted by the customer upon submission of the order.
- An order only constitutes a booking and does not commit the company to make total or partial delivery. The order shall only be accepted when Watts Industries Italia S.r.l. issues a copy of the proposed order confirmation, containing the general conditions applicable.
- Orders for a net amount of less than 500,00 Euro cannot be fulfilled.
- Any amendment to the contract shall be made in writing and signed by both parties.
Product description and pictures included in the present document are for information purposes only. Watts Industries Italia S.r.l. reserves the right to change or modify product design, construction, specifications, or material without prior notice or without incurring in any obligation.
- All contracts shall be governed by the Italian law.
- The prices shown in the trade list below are quoted net of VAT.
- The delivery dates are purely indicative; any delay in delivery after the specified date shall not entitle the customer to any compensation. Deliveries, even if in partial, cannot be rejected by the customer and cannot give any right to cancel the order.
- In case of Force Majeure, strikes or lock-outs, total lack or reduced supply of raw materials, transport problems, wars, riots, interruptions in communications for any reason, malfunctions of plant or any other unforeseeable event, Watts Industries Italia S.r.l. reserves the right to suspend deliveries or to cancel duly accepted orders, in which case the customer shall not be entitled to compensation.
- The goods will normally be delivered ex works, unless otherwise agreed and expressly stated in the order. Our liability ceases on delivery to the customer or the carrier. The goods travel at the customer’s risk, even if carriage paid to the place of destination, and no claims for any breakage or interference can therefore be accepted. Any agreements with shipping agents, including the amount and payment of the cost of transport, shall always be deemed to be entered into on behalf of the customer, which hereby accepts and ratifies our actions.
- No claims are accepted for any shortage, damage or tampering in case of:
- orders for quantities different from standard box
- transport done directly by the customer or by a carrier appointed himself.
- All payments shall be disposed at our offices within the agreed period. In the event of any delay in payment Watts Industries Italia S.r.l. is entitled to take any legal action to obtain the outstanding payments. The customer shall pay interest from the due date at the Euribor plus two percentage points. If the prices are expressed in a foreign currency, in the event of delay in payment the customer shall pay interest from the due date at the Euribor for that currency plus two percentage points. Invoices shall be paid in the currency indicated in the invoice. If the currency indicated in the invoice should cease to exist, payment shall be made in the currency which replaced the one indicated in the invoice.
- In the event of failure to comply with the terms of payment, Watts Industries Italia S.r.l. shall be entitled to suspend all or part of the delivery of the goods, even if it relates to proposed order confirmations duly accepted under the terms of these general conditions of sale.
CLAIMS AND DAMAGES
- Any claim for defected material should be received in written within eight (8) days from the receiving of the material. The customer could return the defected material to Watts Industries Italia S.r.l. at his own cost and only after written authorization.
- Any damage or injury caused by incorrect operation of the product shall be notified within 24 hours, giving the name of the claimant and the approximate amount of the claim. Photographs of the damage or injury, together with the product allegedly responsible, shall subsequently be sent for laboratory examination. All evidence demonstrating the extent of the damage or injury (goods, etc.) shall be held at the disposal of Watts Industries Italia until the claim has been settled.
- Watts Industries Italia S.r.l. declines all liability for injury to persons or animals or damage to property deriving from use of equipment without observing the safety instructions, or the use of equipment installed incorrectly and/or without performing the usual checks.
- Any claims or disputes shall not entitle the customer to refuse to pay for the goods or to delay payment thereof.
- All Watts Industries Italia S.r.l. products are thoroughly tested; they are consequently guaranteed for two years from the date of issue of the invoice. The said guarantee covers replacement or repair, free of charge, of those components of the goods supplied which present manufacturing defects. I.I.P. brand products may be collected by I.I.P. for the conduct of tests, either directly from the market or from users, customers, retailers, sites, etc. The customer shall allow I.I.P.’s representatives access to perform tests and inspections to establish whether the products conform to the applicable standards. The warranty exclude any damage due to normal product usage or friction and do not include any modified or not authorized repairing. Excluding with this any responsibility from Watts Industries Italia S.r.l. in particular we will not accept any request for damage compensation. Any claims or disputes shall not entitle the customer to refuse to pay for the goods or to delay payment thereof.
- INFORMATION NOTICE REQUIRED BY LAW 196/2003. For the purpose of entering into and performing contracts with you, we hold data relating to you, acquired in writing or verbally, directly or through third parties, which will be treated by us in accordance with the above mentioned law. Please make reference to our website www.wattsindustries.com for more information.
APPLICABLE LAW AND JURISDICTION
- All disputes arising out of or in connection with this Agreement, including but not limited to disputes over interpretation, enforcement or breach of the Agreement, shall be resolved by final binding arbitration conducted by the Milano Court, Italy.