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SALES CONDITIONS
1.Definitions
In the interpretation of these General Conditions of Sale, the following terms must be understood in the sense set out below:
a) a) for Seller: GUARISCO MEDICAL STERILIZER S.r.l. with registered office in Viale Duca d'Aosta 3 - 21052 BUSTO ARSIZIO (VA);
b) for Buyer: the buyer of the Product;
c) by Parties: the Seller and the Buyer considered jointly;
d) by Product: the goods specified in the catalog / price list, object of the Sales Contracts between Buyer and Seller;
e) for Order (s): the model with which the Buyer declares to the Seller that he wishes to purchase the Products;
f) by Sales Contract: any agreement or subsequent document or modification between the Seller and the Buyer concerning the purchase and sale of the Products;
g) for General Conditions: these General Conditions;
h) for Special Conditions: any additional conditions indicated in the sales contract.
2. Application of the general conditions
2.1 These General Conditions apply to any Sales Contract concerning the Products in which the Seller appears as a supplier. These General Conditions will prevail over any General Purchase Conditions of the Buyer, even in the absence of specific objection to the application of the same.
2.2 No modification or amendment to these General Conditions will be valid and effective between the Parties, unless agreed in writing and signed by a duly authorized representative of the Seller.
3. Description
The description of the Products and all their specifications will be as indicated in the catalog / price list.
4. Contracts / Orders
4.1 Any Order constitutes an irrevocable proposal by the Buyer and is subject to acceptance by the Seller, which is considered denied if the Seller has not executed, even partially, the order.
4.2 Contracts, Orders and any additions or changes relating to them must be in writing, be prepared according to the Seller's forms, and be sent electronically or by any other means or tool (eg courier, post, telex, fax , etc.).
4.3 Individual orders will be sent to the Seller in writing, including by fax or e-mail. The Seller must send the order confirmation also by fax or e-mail as soon as possible from the receipt of the order, without prejudice, in default, to the Buyer's right to withdraw from the contract.
4.4 The sending of the Order Confirmation constitutes the sales contract. From now on, any modification or cancellation of the order is not possible unless otherwise stated by the Seller.
4.5 The minimum order is set at € 250.00. Below this amount, the goods will be returned by advance bank transfer.
5. Delivery
5.1 Delivery will take place EXW - Incoterms 2020. The risks relating to the Products will pass to the Buyer upon receipt of the same.
5.2 Any date or term indicated by the Seller for the shipment or delivery of the Products must be considered as indicative and non-essential and not binding for the Seller. In any case, the Seller will not be responsible for delays in delivery or for non-delivery due to events of force majeure or, in any case, to unforeseeable events. If no date or deadline has been indicated, delivery must be made within a reasonable time.
5.3 In the event that the Buyer is aware in advance of the impossibility of receiving the goods, he must notify the Seller of the reason and a reasonable deadline within which he expects to be able to receive the goods.
5.4 In the event that the non-receipt of the goods is attributable to the Buyer, the risk relating to the Products will be transferred to the Buyer from the moment in which the Seller has notified the Buyer in writing that the Products are ready for delivery. The Buyer will have to pay the costs related to the delay in delivery as well as any further consequential damages.
5.5 It is possible to send return goods only if previously agreed with the Seller. For returns due to an incorrect order by the Buyer or for unsold and returned material, the handling cost is € 50.00 if the return is intact. Otherwise the costs for refurbishing the return will be charged.
5.6 Unless otherwise agreed, partial deliveries are permitted.
6. Packing
6.1 The Products must be packaged by the Seller in a suitable and adequate manner for the type of product delivered.
6.2 Unless otherwise agreed in writing between the Parties, the Products will be delivered with the Seller's packaging, labels and trademarks.
6.3 If the Buyer requests packaging and / or special packaging and / or different from those used by the Seller, the additional costs for the completion of this request will be exclusively borne by the Buyer.ù
7. Invoices and Payments
7.1 Invoices must be issued by the Seller in compliance with the provisions of the confirmed Order.
7.2 Payments, unless otherwise agreed in writing between the Parties, will be made as agreed between the Parties. Only payments made directly to the Seller and to persons with a regular mandate are considered valid.
7.3 Any late payment to the defendant entails the calculation of the interest on arrears provided for by Legislative Decree 231/02 and 192/12.
7.4 Failure to pay even a single invoice authorizes the Seller to suspend shipments and to deem any other orders to be completed canceled.
7.5 Any disputes on a single supply do not justify the refusal of payment of the invoices not subject to dispute.
7.6 The Seller retains ownership of the materials supplied until full payment of the invoice relating to them, reserving the exercise of privilege in accordance with the law.
8. Price
8.1 The price of the Products will be that indicated in the Seller's price list, in force at the time of the conclusion of the Sale Agreement, unless otherwise agreed in writing, reported in the order confirmation, between the Parties.
8.2 Unless otherwise agreed, the prices are intended with transport costs excluded.
9. Warranty
9.1 The Seller guarantees the conformity of its Products according to the standards established by the relevant laws.
9.2 The warranty is excluded if the defect has occurred due to the Buyer's failure to observe the instructions provided by the Seller following a specific request from the Buyer.
10. Complaint
10.1 The Buyer must inspect the Products immediately upon delivery and verify their correspondence and quality.
10.2 Any defects must be reported in writing by the Buyer to the Seller within 8 (eight) days of delivery, after which no claims will be accepted except for defects that the Buyer proves to be hidden. In any case, the complaint must be made in writing no later than 8 (eight) days from the discovery of the defects, pursuant to art. 1495 of the Italian Civil Code.
10.3 The goods travel at the Buyer's risk and peril, therefore it is recommended to always sign and date the transport document upon receipt of the goods. In case of damage during transport, correct compensation must be requested from the courier who carried out the transport within 7 days from the date on the delivery note.
10.4. The communication referred to in the previous point must contain a detailed description of the defect.
10.5 The Seller undertakes to carry out the appropriate checks in order to assess the validity of the complaint. In the event that the complaint is found to be well founded, the Seller undertakes to carry out the action deemed necessary in order to resolve the matter being reported. The Seller's obligations are limited to the free repair or replacement of those Products that do not comply with the Seller's descriptions and any other specifications provided in writing by the Seller regarding the Products and do not contemplate the replacement tout court of all the Products delivered.
10.6 In the event that the Buyer has notified the defects within the foreseen deadline but, following verification, no basis emerges in the disputes advanced, the Seller will be entitled to compensation for the expenses he had to pay due to the notification of the defects.
11. Returns
The delivered goods can be returned only with the written authorization of GUARISCO MEDICAL. Otherwise, Medical Trading will be reimbursed for any costs incurred as a result. The Customer will not be entitled to deduct any damage or legal consequence deriving from the acceptance of returned goods. Upon acceptance of a return, GUARISCO MEDICAL reserves the right to charge a management fee for the costs incurred in relation to the returned goods and, upon crediting the value of the goods, to deduct an amount corresponding to the age and conditions of the commodity itself. The amount of this reduction will be established by GUARISCO MEDICAL and in any case not less than 15% of the value of the goods.
11. Force majeure
11.1 The Seller is not held responsible for the delay in deliveries or for its own non-fulfillment caused directly or indirectly by:
- events of force majeure (for the purposes of this clause and without the listing being considered exhaustive, an event of force majeure includes legal prohibitions, wars, riots, revolutions, strikes or other disputes of a labor nature, fires, floods, sabotage, accidents nuclear, earthquakes, storms, epidemics);
- circumstances, beyond the control of the Seller, such as to prevent the finding of workforce, materials, components, plants in general, energy, fuel, means of transport, authorizations or government regulations. The Seller will notify in writing, without delay, the cessation of the cause of force majeure.
12. Intellectual Property
12.1 The Buyer shall not use the name, trademark and other rights related to the intellectual property in advertising without the prior written consent of the Seller.
13.Medical devices
13.1 The Customer confirms that he is aware of the national, European and international legislation applicable to the distribution of medical devices, such as the Statute on Medical Products or the Guidelines on a Medical Device Vigilance System, and agrees to act in accordance with it. The Customer also agrees, in accordance with the applicable national, European and international legislation, to possess all the necessary qualifications and authorizations to trade, stock and purchase medical devices.
14. Confidentiality and confidential information
The Buyer and the Seller acknowledge that each party may disclose confidential information relating to its business to the other. Each Party undertakes to keep this information confidential and not to disclose its content to any third party, to use such information only for the purposes of the sales contract and to return, following the request of the other party, the documents received containing information. confidential.
15. Privacy protection
15.1 Pursuant to Legislative Decree 196/2003, the Seller informs that: a) the Buyer's data are processed and / or communicated to third parties (eg banks, external consultants, etc.) in compliance with the aforementioned legislation, for the execution of contracts; b) the Seller is the Data Controller; c) the Buyer has the right to exercise the rights referred to in art. 7 of the legislative decree. For any other matter related to privacy, as well as to the processing of sensitive data, express reference is made to the provisions and provisions of the Privacy Policy provided on the website www.medicaltrading.it.
At any time you can exercise your rights towards the data controller, pursuant to Chapter III of EU Reg. 679/2016, by writing to GUARISCO MEDICAL STERILIZER S.r.l. Via Vivaldi 8, 222071 Cadorago (CO) or by sending an e-mail to the address info@medicaltrading.it
16. Applicable law / competent court
16.1 These General Conditions, and the Sales Contracts related to them, are governed by Italian law, and for any dispute relating to the application and interpretation of this document, the Court of Varese (VA) will be exclusively competent, except when it returns. among those for which the law expressly provides for the mandatory territorial jurisdiction.
16.2 The governing and prevailing language, in the event of any disputes regarding the interpretation of this text, is Italian despite the translation into any other language.
16.3 The application of the United Nations Convention on the International Sale of Goods (Vienna - 1980 - CISG) is expressly excluded.
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GUARISCO MEDICAL STERILIZER s.r.l. - P. IVA 02341690127 - Cap. Soc. i.v. €10.400,00 i.v. - Cookies Policy - Privacy - Sales Conditions
Headquater: Viale Duca d'Aosta 3 - 21052 BUSTO ARSIZIO (VA) - REA VA 249364 - Warehouse: Via Vivaldi 8 - 222071 Cadorago (CO) - REA CO 255586