GENERAL TERMS AND CONDITIONS OF SALE
1. SUBJECT MATTER – SCOPE OF APPLICATION
1.1. These General Terms and Conditions govern contracts for the sale or supply of products of Pin-Craft S.r.l. (hereinafter referred to as the “Products”).
1.2. These General Terms and Conditions shall apply generally to all sales contracts entered into by Pin-Craft S.r.l..
1.3. Without prejudice to the general validity of these General Terms and Conditions, any specific written agreements entered into between Pin-Craft S.r.l. and the Buyer shall prevail, in the event of conflict, over these General Terms and Conditions.
2. ORDER PROCEDURE
2.1. Contracts for the supply of Products manufactured or sold by Pin-Craft S.r.l. shall be deemed concluded upon receipt by the Buyer of a written order confirmation issued by Pin-Craft S.r.l., in acceptance of the written order received from the Buyer, and shall be subject without reservation to these General Terms and Conditions.
2.2. Any amendment, addition, or any agreement subsequent to the order confirmation shall be valid only if accepted in writing by Pin-Craft S.r.l..
3. TECHNICAL CHARACTERISTICS OF THE PRODUCTS
3.1. The Buyer acknowledges that the Products purchased shall comply exclusively with 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 other materials in the Buyer’s possession, however received, shall not constitute grounds for claims or give rise to any obligation or liability on the part of Pin-Craft S.r.l..
4. DELIVERY
4.1. Delivery of the Products shall be Ex Works (EXW) Pin-Craft S.r.l.’s premises and shall take place approximately on the date indicated in the order confirmation.
4.2. Pin-Craft S.r.l. shall be entitled to modify delivery times for justified reasons without incurring any liability.
4.3. Upon delivery of the goods to the Buyer or to the first carrier, all risks relating to the Products and their shipment shall pass to the Buyer. Consequently, Pin-Craft S.r.l. shall not be held liable for damage, theft, delays, or any other harmful events occurring during transport.
4.4. Delivery deadlines shall be suspended in the following cases:
a) if the Buyer fails to comply with the agreed payment terms, until such compliance;
b) in the event of modifications, variations, or additions to the Product agreed between the parties, for the time required for their implementation as indicated by Pin-Craft S.r.l.;
c) in cases of force majeure or exceptional events such as strikes or any work stoppage involving employees of Pin-Craft S.r.l., acts of public authorities, epidemics, war, terrorism, fire, flood, interruptions or delays in transportation, power supply interruptions, or any other unforeseeable extraordinary events, until their cessation.
4.5. If the Buyer, after being informed of the availability of the ordered Product, fails to promptly collect it or refuses delivery, all expenses and costs arising therefrom shall be borne by the Buyer, without prejudice to any further damages suffered by Pin-Craft S.r.l..
5. PRICES – PAYMENTS
5.1. The sale price of the Products, including spare parts, refers exclusively to the supplies and services specifically indicated therein and is stated net of any taxes, duties, or levies, as well as packaging, transport, and insurance costs.
5.2. Should it become necessary for Pin-Craft S.r.l., in performing its obligations, to make modifications or variations resulting in an increase in the price, the Buyer undertakes to pay the updated price provided that such increase does not exceed 15% of the original amount. In the event the increase exceeds 15%, the parties shall negotiate in good faith to reach agreement on the new price, without prejudice to the right of Pin-Craft S.r.l. to withdraw from the contract should no agreement be reached within 30 days from the notice of price increase sent to the Buyer.
5.3. Payments shall be made by the Buyer in strict compliance with the dates set forth in the order confirmation. In case of delay, Pin-Craft S.r.l.. shall be entitled to default interest pursuant to Legislative Decree No. 231/2002.
5.4. The sale is made subject to retention of title pursuant to Article 1523 et seq. of the Italian Civil Code; therefore, ownership of the Product shall remain with the Seller until full payment of the price.
5.5. Until the price of the Product has been paid in full, the Product may not be transferred or disposed of by the Buyer. Failure to pay even a single installment shall entitle Pin-Craft S.r.l. to terminate the contract; in such case, the Product shall be returned at the Buyer’s expense and any installments already paid shall be retained by the Seller as compensation for damages.
5.6. Any sums paid by the Buyer prior to delivery shall be retained by Pin-Craft S.r.l. as a confirmatory deposit and shall be credited toward payment in the event of proper performance by the Buyer.
5.7. In the event of modification requests made by the Buyer requiring partial or total redesign of the Product, the related additional costs shall be fully charged to the Buyer, subject to quantification by Pin-Craft S.r.l..
5.8. In the event of modifications required by a Certification Authority that entail partial or total redesign of the Product, the related additional costs shall be fully charged to the Buyer.
6. WARRANTY – CONDITIONS OF APPLICATION
6.1. Pin-Craft S.r.l. warrants that the Product is new and that its components are free from defects rendering it unsuitable for its intended use according to the specifications and technical descriptions provided in the catalogue.
6.2. Pin-Craft S.r.l. undertakes to test the Product prior to shipment.
6.3. Pin-Craft S.r.l. shall repair or replace components that are broken, defective, or unusable due to verified manufacturing defects. Any compensation or indemnity for expenses or damages of any kind arising from defects in the Product is expressly excluded. The determination of the nature of defects for warranty purposes shall be exclusively made by Pin-Craft S.r.l..
6.4. The Buyer may exercise warranty rights only if the conditions relating to warranty performance set forth in the supply contract have been complied with.
6.5. The warranty provided shall not entail any additional costs for the Buyer, except as provided under Article 6.9.
6.6. The warranty shall last 24 months for Products sold to consumers residing or domiciled in an EU Member State and 12 months for all other purchasers.
6.7. Warranty services shall be carried out exclusively at the Manufacturer’s premises or at authorized dealers and workshops designated by Pin-Craft S.r.l.. At the time of order, the warranty may be extended up to five years from purchase upon payment of an additional price, subject to a separate agreement.
6.8. The warranty shall not apply:
- in case of tampering with the Product, even minor, by the Buyer or third parties;
- in case of normal wear and tear resulting from use;
- if the Product is used for purposes other than those for which it was designed;
- if damage results from insufficient maintenance;
- if, without Pin-Craft S.r.l.’s consent, or due to the installation of non-original spare parts, the Product has been modified and damage results from such modifications;
- in case of improper use or use of unsuitable complementary products, including incompatible power sources;
- if the instructions set forth in the instruction manual are not followed.
6.9. In any event, the following costs shall be borne by the Buyer:
- lubricant replacement costs, transportation expenses, board and lodging according to Pin-Craft S.r.l.’s applicable rates for interventions carried out at the user’s premises or on board the vessel, and any customs duties for Products shipped abroad;
- vessel hauling costs;
- taxes and any other charges not expressly stated in the order confirmation.
6.10. Repair or replacement under warranty shall not extend the original warranty period.
6.11. Pin-Craft S.r.l. shall not be liable for damage, defects, or malfunctions resulting from improper installation carried out without compliance with good engineering practice and the recommendations set out in the technical specifications.
7. JURISDICTION
7.1. Any dispute arising from or related to these General Terms and Conditions and the sales governed hereby shall be subject exclusively to the jurisdiction of the Court of Turin.
7.2. In any event, including contracts entered into with parties having their registered office abroad or residing/domiciled outside the Italian Republic, Italian law shall apply.