1. SUBJECT – SCOPE
1.1. These General Terms governs the contracts concerning the sale and supply of Pin Craft s.r.l. products (hereinafter referred to as “Product”).
1.2. These General Terms are shall apply to all sale contracts concluded by Pin Craft s.r.l.
1.3. Without affecting the general validity of these General Terms and Conditions, any specific written agreement enters into between Pin Craft s.r.l. and the buyer shall prevail, in case of conflict, over the former.
2. PURCHASE PROCEDURE
2.1. Contracts for the supply of products manufactured or sold by Pin Craft s.r.l. sahll be deemed concluded upon receipt by the Buyer of Pin Craft’s written Order Confirmation, accepting the written order received from the buyer, and shall be unconditionally subject to these general terms and conditions.
2.2. Any amendment, addition, or subsequent agreement following the Order Confirmation shall be valid only if specifically accepted in writing by Pin Craft s.r.l.
3. TECHNICAL CHARACTERISTICS OF THE PRODUCTS
3.1. The buyer acknowledges that the purchased products shall conform solely and exclusively to the descriptions and technical specifications attached to or expressly referred to in the Order Confirmation. Any discrepancies with illustrations or descriptions contained in brochures, prior offers, or any material in possession of the Buyer, shall not constitute ground for any claim by the Buyer, nor give rise to any obligation or liability;
4. DELIVERY
4.1. Delivery of the product is agreed ex works the premises of Pin Craft s.r.l. and shall be made on the date specified in the Order Confirmation.
4.2. Pin Craft shall be entitled to modify the delivery schedule for justified reason without incurring any liability.
4.3. Delivery of the Product to the Buyer or the first carrier, the risks related to the Products and their shipment shall pass to the Buyer. Consequently, Pin Craft shall not be held liable for any damage, theft, delay and/or any other detrimental event occurring during transportation.
4.4. Delivery terms shall be suspended in the following cases:
a) In case of breach of the agreed payment terms by the Buyer, until the Buyer fulfill their obligations;
b) Modifications, variations, or additions related to the product, agreed upon by the parties, for the time required for their implementation;
c) In case of force majeure or exceptional circumstances, including, but not limited to, strikes or other labor stoppages by Pin Craft employees, acts of public authorities, epidemics, war, terrorism, fire, flooding, interruptions or delays in transportation, power supply shortages or any other unforeseeable, extraordinary event, until their cessation;
4.5. Without prejudice to the Pin Craft’s right to claim any additional damages it may have suffered, in case the Buyer, having been notified of the availability of the Product, do not collect it promptly or refuses to accept the delivery, all the subsequent expenses and costs shall be borne by the Buyer.
5. PRICES - PAYMENTS
5.1. The sale of the Products, including spare parts, refers exclusively to the supplies and services specifically indicated in the order confirmation, and it is stated net of any taxes, duties, tariffs, or levies, as well as any packaging, transportation and insurance costs.
5.2. If Pin Craft s.r.l., in fulfilling its obligations, needs to implement modifications or variations that entail an increase of price, the Buyer agrees to pay the revised price, if the increase does not exceed 15% or the prior amount. Should the increase exceed the aforementioned limit, the parties agree to negotiate in good faith an agreement on the price, without prejudice to Pin Craft’s right to terminate the contract if no agreement is reached within 30 days.
5.3. Payments shall be made by the buyer strictly in accordance with the payment schedule agreed in the order confirmation. In case of delay, Pin Craft shall be entitled to interests, at the rate provided by D.lgs. 231/2002.
5.4. The sale shall be made in accordance with art. 1523 of the Italian civil code, and the product shall remain property of the seller until the final payment has been made.
5.5. Until the purchase price has been fully paid, the Product may not be transferred by the buyer. Non-fulfillment of the obligation to pay any one of the agreed installments shall entitle Pin Craft s.r.l. to terminate the contract; in such case, the product must be returned, and any installments already paid shall be retained by the seller as compensation for damages.
6. WARRANTY CONDITIONS
6.1. Pin Craft s.r.l. warrants that the product is new and that its components are free from defect that would make it unsuitable for the intended use according to the technical specifications and descriptions provided in the catalog.
6.2. Pin Craft shall be obliged to carry out testing of the product before shipment.
6.3. Pin Craft shall be obliged to repair or replace any components found to be broken, defective, or unusable, as a result of proven manufacturing defects, expressly including any compensation or indemnity for expenses or damages of any kind arising from defects or faults in the product. The determination of the nature of any defect or faults in the products, for the purposes of the warranty, shall be sole responsibility of Pin Craft s.r.l..
6.4. The Buyer may assert its rights under the warranty only if it has complied with the conditions relating to the performance of the warranty as set forth in the contract.
6.5. The Warranty provided by Pin Craft s.r.l. under clause 6.4 shall not entail any additional cost to the Buyer, except as provided in clause 6.9.
6.6. The warranty shall have a duration of 24 months for products sold to consumers residing or domiciled in a member state of the European Union, and 12 months for any other party.
6.7. At the time of the order, it is possible to extend the warranty up to five years from the date of purchase, upon payment of an additional fee, as agreed separately.
6.8. The warranty shall not operate:
- In case of tampering of the Product by the Buyer or by a third party;
- In case of ordinary wear and tear of the product resulting from its use;
- In case that the product has been used for any purpose other than its intended use;
- In case the damage is due to inadequate maintenance;
- If, without Pin Craft s.r.l.’s consent, or as a result of the installation of non-original spare parts, the product has been modified and the damage is a consequence of such modifications;
- In the event of improper use of the product or the use of unsuitable complementary products, including supply sources, not compatible with the product;
- In the event the instructions described in the user manual have not been complied with;
6.9. In any case, the following cost will be borne by the Buyer:
- The costs related to the replacement of lubricants, transportation expenses, board and lodging according to Pin Craft s.r.l. applicable rates for interventions carried out at the Buyer location or directly on the vessel, together with any tariff or due cost applicable to products shipped abroad;
- Any cost related to the hauling of the vessel;
6.10. Replacement or repairs of materials provided under the warranty shall not result in an extension of the warranty period.
6.11. Pin Craft s.r.l. shall not be liable for any damage, defect, or irregularity arising from improper installation of the product performed without regard to the industry best practices and the recommendations set forth in the technical specifications.
7. COURT AND JURISDICTION
7.1. Any dispute arising from these General Terms and Conditions and the sales governed thereby the courts of Turin will have exclusive jurisdiction.
7.2. In any case, including contracts entered into with parties having their register office abroad, or domiciled in a country other than Italy, Italian law shall apply.