GENERAL CONDITIONS OF SALE
Rev 1.3. of 03/02/2020
GENERAL PREMISES : All sales made by Geo Seed Srl are subject to the following conditions. Any variation made by the buyer to these Conditions is ineffective unless expressly accepted in writing by the Seller. As for greenhouse sheets and mulching sheets, the conditions are completed by adding the dedicated conditions.
DELIVERY TERMS : Unless otherwise specified, the delivery date is indicative and any delays will not give the right to compensation or cancellation of the order. The terms and methods of delivery are specified in the invoice according to the INCOTERMS terms in force.
METHOD OF SALE : All sales of agricultural twine, net for round baler, stretch film, silage cloths, silo bags, big bags, mulch cloths, greenhouse cloths, SubTex, are carried out and invoiced in pieces and not by weight. In any case, the invoiced weight is the one ascertained by the seller at the time of shipment. Any weight reduction on sale is regulated by current customs legislation.
COMPLAINT AND DEFECTS : The buyer is required to promptly check the goods upon delivery. Any complaint must be addressed in writing to the seller within 8 days of delivery of the goods in case of apparent defects or of discovery in case of hidden defects.
PRICE AND EXPIRATION : Prices are net of VAT, taxes and accessory charges. Unless otherwise specified in the invoice or in the sales order, payment of the price must be made within 30 days of the invoice date.
WITHDRAWAL OF GOODS AND INTERESTS : In case of failure to collect the goods or failure to pay total or partial of the sale price at the agreed deadline, the seller has the right to suspend or withdraw from the contract without notice. If the buyer is late in paying the price, the seller has the right to apply a default interest calculated at the default interest rate pursuant to art. 4-5 Legislative Decree n. 150/2011 in force on the invoiced price starting from the expiry of the payment term, without prejudice to the right to further damages.
BREACH AND GUARANTEE : The legal representative of the acquiring company, including capital, provides a personal guarantee, in the event of the insolvency of the legal person represented by the same, in relation to the invoiced amounts, plus any interest, expenses and ancillary charges that may become necessary to following the non-fulfillment of the same company.
OWNERSHIP OF GOODS: regardless of the discipline of the INCOTERMS terms indicated on the invoice, ownership of the delivered goods is transferred to the buyer only at the time of full payment of the sums due by the buyer to the seller.
INFORMATION AND ADVERTISING : The information contained in the catalogs, website and / or other advertising and marketing documents are given for information purposes only and do not determine any obligation for the seller.
SOLVE ET REPETE : the payment of the supply cannot be blocked by exceptions and disputes of any kind.
FORCE MAJEURE OR INCORPORATED IMPOSSIBILITY : In the event of force majeure or supervening impossibility, the seller has the right at his discretion to withdraw from the contract without any formalities or to suspend the execution in whole or in part of the supply, without this giving rise to the payment of any penalty. By way of example, cases of force majeure are to be considered: strikes, lockouts, breakdowns and breakdowns, fire, war, civil unrest, problems with the supply of raw materials, government restrictions.
DISCOUNTS AND SUBSCRIPTIONS : Discounts and allowances will be recognized in the goods, (except for specific written indications which must necessarily be countersigned by both parties), will be recognized 60 days after payment of the last valid invoice. The objective discount will be recognized exclusively in goods, will be formalized with us or with our official or agent, the method of supplying the material will take place no earlier than 60 days from the payment of the last useful invoice. In the event of non-payment of one or more invoices, the seller will have the right to cancel these discounts for non-compliance with the contractual agreements by the buyer and will have the right to issue a possible debit note.
APPLICABLE LAW : These conditions of sale are governed by Italian law. In the case of supplies abroad, the purchasing company that does not have its domicile or registered office in Italy, nor a representative authorized to sue, expressly declares to accept the Italian jurisdiction pursuant to art. 3-4 Law no. 281/1995.
CONVENTIONAL COURT : Any dispute relating to the interpretation or application of these general conditions, contained in the sales contracts stipulated by Geo Seed srl as a seller, will be mandatorily attributed to the exclusive jurisdiction of the Asti Court as the forum of the place where the payment obligation must be performed.
PRODUCT CHARACTERISTICS : The characteristics of the products are indicated on the label as defined by Reg (EC) n. 767 of 13 July 2009 and subsequent amendments and additions.
CUSTOMER'S COMPANY NAME : The customer confirms under his own responsibility the accuracy of the address and company name - ART 21 DPR 633 OF 26/10/1977. Incoterms® 2020 rules: The transport rules are established by the INCOTERMS 2010 standards and subsequent amendments. In the CPT - CIP - DAP - DDP - CFR - CIF Rules, the unloading costs are charged to the buyer. Instead, they burden the seller if included in the transport contract, stipulated by him at his expense.
MAIN REFERENCE REGULATIONS APPLIED : Law of 24 March 2012 n. 27 | Provisions referred to in Article 62 of the Decree-Law January 24, 2012 | Directive 200/35 EC of the European Parliament and of the Council of 29 June 2000 relating to the fight against late payment in commercial transactions.