Terms of Purchase
1 APPLICABILITY OF THE GENERAL DELIVERY TERMS – APPLICABLE DISCIPLINE
1.1 The existing general terms are applied to the sale of goods listed in the purchasing order together with the mentioned special conditions.
Any exception to the existing general terms must be expressly approved and underwritten by both parties. Exceptions and clauses are not accepted if not underwritten by the two parties or generally mentioned by words previously printed on the acceptance of the order.
1.2 ONCE THE SUPPLIER ACCEPTS THE ORDER, HE ALSO ACCEPTS TO DISCIPLINE THE SUPPLYING ACCORDING TO OUR GENERAL TERMS OF PURCHASE , THUS RENOUNCING THE APPLICATION ON ITS OWN TERMS OF SUPPLYING. IF THE SUPPLIER DOES NOT AGREE WITH THE TERMS OF PURCHASE, THEN HE MUST COMMUNICATE HIS DISSENT BY REGISTERED MAIL WITHIN EIGHT DAYS FROM THE RECEIPT OF ORDER OF GHIM.
1.3 In case of import, then the supplying is ruled by the “CISG – Convenzione delle Nazioni Unite sulla Vendita Internazionale di Beni” (Vienna 1980). What is not ruled by this convention, that the Italian law will be applied.
1.4 in case of import, the contract of supplying is ruled by CISG – “Onu convention on sales of International goods (Vienna 1980). Where not ruled by such convention, then the current Italian law will be applied.
2 ORDER CONFIRMATION
2.1 We consider our order accepted when you send order confirmation for it or you send our order back with your signature.
2.2 For the supplying of our orders – without your confirmation – the terms of purchasing are the ones we have decided and reported on the purchasing order issued by GHIM.
2.3 If the supplying terms mentioned in your order confirmation are different from our orders, then it has to be considered cancelled.
If you accept the changes, then GHIM will issue a revised copy of the original order by mentioning the changes. Such copy will substitute and cancel the previous one.
2.4 without written consent, we do not accept any change on already ordered products, even if non important.
3.1 Where not indicated, prices are to be intended net.
3.2 Where not agreed prices are to be considered “DDP INCOTERMS”; therefore, any further cost (special packaging, assurance, transport) is at supplier’s charge.
3.3 The agreed prices are calculated considering your costs by means of an offer from your side. Unit prices may be changed except when offered irrevocably. Such prices can not be changed during supplying.
4 DELIVERY TERMS
4.1 If not agreed they have to be considered as peremptory.
4.2 Due to eventual delays of supplying the purchaser can cancel the order and ask for indemnification.
4.3 Just upon our authorisation the supplier can deliver part of orders before the agreed date.
5.1 The material supplied by you will be covered by 1 YEAR guarantee since its use.
5.2 The guarantee must cover the vices and defects of material concerning the single components, even the hidden defects.
5.3 If the defective particular is part of several components, then you will be charged of any cost for the substitution of the component, the damages…which our customer will ask us.
6 FREIGHT AND SHIPMENT
6.1 The supplying of goods are to be intended DELIVERY DUTY PAID (DDP) INCOTERMS. The delivery is always at supplier’s risk even if GHIM pays for the transport.
6.2 Eventual disagreements of material with the DDT will be notified to you within and not further 15 working days since the receipt.
6.3 If not agreed, the deliveries will be made with transport means which you will choose.
7 CORRESPONDENCE TO THE SECURITY LAWS AND TO THE TECHNICAL SPECIFICATION
7.1 The items which are supplied GHIM must respect the security laws and planning foreseen by mark “CE” and by current European as well as Italian laws.
7.2 In case such laws are not applied, then the supplier must indicate it both on the order confirmation and on the DDT.
7.3 The supplier is and will remain the only responsible for the missing application of the laws foreseen by the international laws concerning the items delivered to GHIM.
7.4 As far as the articles by drawing of GHIM, the supplier is and will be the only responsible for the lack of application and respect of the laws and of technical specifications foreseen by the documents linked with the purchasing orders.
8 COMPETENT LAW-COURT
8.1 Except for what is settled by art. 10 L.192/1998, the law-court of Brescia will be exclusively competent for any dispute originated by this contract or linked to it.
8.2 Anyway in derogation of what is settled by 8.1, GHIM owns the faculty to bear the dispute in front the judge who is competent for the law-court of the purchaser.
Attribuito a El Greco - La dama dell'Ermellino, Museum and Art Galleries, Glasgow