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Art. 1 - Object and application of these conditions
These General Conditions shall apply to all present and future sales contracts/orders between DRILLMEC S.p.A. (the Seller) and the Purchaser hereafter described as the “Parties”. Any exceptions must be specifically agreed upon in writing. Any general conditions of the Purchaser will not apply to the contractual relations between the Parties.
Art. 2 - Contractual regulations
Italian law governs all contracts regulated by these general conditions. Reference to any commercial terms (carriage paid, FOB, CIF, etc) is to be understood according to the Incoterms 2000 or the most recent version of the International Chamber of Commerce.
Art. 3 - Formation of the contract
The acceptance on the part of the Purchaser of the Seller's offer or of the Seller's order confirmation, however it may be done, entails the application of these General Conditions to the contract of sale, even when the acceptance occurs through the execution of the contract. The Seller's offer is firm and irrevocable only when it is described as such by the latter in writing. Offers made by agents, representatives or commercial auxiliaries of the Seller are not binding until the Seller himself confirms them.
Art. 4 - Plans and technical documents
4.1 - Information - The weights, dimensions, capacity, prices, performance, colours and other data featured in the catalogues, prospectuses, circulars, advertisements, illustrations and price list, or other illustrative documents of the Seller are only of an approximate character. These data are not binding unless they have been expressly mentioned in the offer or in the Seller's order confirmation.
4.2 - Modifications to the products (equipment and accessories manufactured by DRILLMEC S.p.A.) - The Seller reserves the right to carry out, at any time, on his own products such non substantial modifications as he deems suitable, notifying the Purchaser if they affect the supply already underway to him. Where the Purchaser proposes technical modifications to what was contained in the Seller’s offer, in order for them to be binding, there must exist a full written agreement between the Parties on the alterations these modifications will occasion to the previously established prices and delivery periods.
4.3 - Documents, technical information - Any design or technical document that permits the manufacture or assembly of the whole part of the products sold that has been sent to the Purchaser, before as well as after the drawing up of the contract, remains the exclusive property of the Seller. The said designs or documents may not be used by the Purchaser, or copied, reproduced, transmitted or communicated to a third party without the Seller’s permission. 1 - 2 - 3 - 4 |
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