Conditions of sale
- ICES-EBM accepts the order exclusively on the following terms of delivery and at the price agreed in our offer and/or contract and/or order confirmation.
- The delivery term is indicative and not binding. ICES-EBM shall not be liable for delays in the delivery or shipment of the material ordered, nor for any damages suffered by the Buyer as a result of such delays, when they are due to any event beyond the reasonable control of ICES-EBM.
- In the event of force majeure or other factors beyond the control of ICES-EBM, ICES-EBM may agree with the purchaser to cancel the order of the products involved, keeping the order valid for the remaining products, or to cancel the order, at no charge to the purchaser.
- The term of payment shall be that stipulated in writing in the offer and/or supply contract and/or order confirmation.
- If the buyer fails to make payment within the agreed terms for any outstanding order between ICES-EBM and the buyer, ICES-EBM reserves the right to postpone delivery of further shipments until such payments are made.
- In the event of late payment by the purchaser, ICES-EBM may, upon written notification, demand interest on arrears at the annual rate in accordance with the law.
- Delivery is ex ICES-EBM's works, unless otherwise agreed in writing in the offer and/or contract and/or order confirmation. Ownership of all products sold, and their risk of damage or loss in transit, is transferred to the purchaser upon delivery of the material to the initial shipper.
- Packaging is the responsibility of the purchaser, unless otherwise agreed in writing in the offer and/or contract and/or order confirmation.
- All products sold are guaranteed against any defect attributable to the materials of construction or production processes of ICES-EBM, in accordance with the provisions of the laws in force, any other express or implied warranty is excluded. The Buyer must give written notice of any defects found within 8 calendar days of receipt of the goods.
- The liability of ICES-EBM is limited to the replacement of any defective products or their restoration, any other claims of third parties for direct or indirect damages are expressly excluded. In view of the wide range of applications of the products and the variety of individual operating conditions, it is essential that the customer conducts practical tests to ensure that the products are fully satisfactory for the specific intended use, safe and effective. The buyer assumes the risks arising from the use of the products. Under no circumstances will ICES-EBM be liable for any claim for damages, whether direct, indirect, immediate, foreseeable, consequential or special, or for any expenses incurred as a result of the incorrect use of the products. Translated with www.DeepL.com/Translator (free version)
- Total or partial cancellations of the order by the buyer must be agreed upon in writing and must cover the costs incurred by ICES-EBM for labour, material purchased, processed or partially processed as well as the coverage of the overhead costs attributable to the order subject to cancellation. These overhead costs are forfeited at 17.5 per cent of the direct costs referred to above.
- No terms and conditions other than those set forth in the foregoing paragraphs, and no agreement or understanding, oral or written, which in any way attempts to modify these terms and conditions, whether contained in Buyer's order or shipment authorization document, or elsewhere, shall be contractually binding on ICES-EBM unless expressed in writing and signed by a legal representative of ICES-EBM. Translated with www.DeepL.com/Translator (free version)
- If the conditions of this sales contract are not acceptable, the Buyer must immediately notify ICES-EBM in writing.
- For anything not provided for above, reference shall be made to the Italian Civil Code.
- For any disputes arising from ICES-EBM supplies, the place of jurisdiction is Pordenone.
