General Conditions of Sale
General Conditions of Sale pursuant to Article 1341 of the Italian Civil Code
All supplies carried out by Al-cu System S.r.l. (hereinafter Al-cu System) shall be exclusively governed by the following General Conditions of Sale. Any clause or condition established by the Customer is null and void when it conflicts with the conditions set forth below.
OFFERS
The Offers sent by Al-cu System, including codes, descriptions, technical specifications, and prices of the Items, do not constitute, in any case, a contractual proposal of sale, but merely an invitation to submit an Order. The conditions in such quote shall lose validity and effectiveness after the expiration date indicated therein, unless Al-cu System receives the Customer's Order within the aforementioned period.
ORDERS
The Customer must submit specific Orders to Al-cu System containing codes, descriptions, technical specifications, prices, quantities, and delivery terms, in writing, via email, fax, or other telematic tools.
ORDER CONFIRMATION
The contract is concluded between the Parties when Al-cu System, after receiving the Order, sends a regular Order Confirmation in writing, via email, fax, or other telematic means, including the Codes, Product descriptions, prices, and delivery times. The Customer, upon receiving the Confirmation, must check all the data it contains: such data shall be considered accepted if not contested in writing by the Customer within 24 hours of receipt. The Customer fully accepts these General Conditions of Sale, the quantity of products, and the corresponding price, even if they do not return the signed Order Confirmation to Al-cu System. Al-cu System declines any responsibility for errors in processing the Order due to incorrect indications in the Customer's Order or in Al-cu System's Confirmation if reported after the 24-hour period.
CONTRACT CONCLUSION
The contract shall be considered concluded even in the absence of written confirmation by Al-cu System, when the Products are delivered to the Customer or picked up directly by the Customer at Al-cu System's warehouse.
CANCELLATION
Any cancellations or modifications of Orders must be communicated in writing, via email, fax, or other digital means within 24 hours of submission and must receive Al-cu System's written or verbal approval. In case of suspension or cancellation of the Order by the Customer not accepted by Al-cu System, the latter may claim: a) the cost of materials and work calculated pro-rata according to the progress of the order; the goods will remain at the Customer's disposal; b) any additional charges incurred by Al-cu System due to the Customer’s non-compliance, plus 20% of the difference between the total order amount and the amount referred to in point a).
PRICES
Product prices refer to those indicated in Al-cu System's official price lists in force at the time the Customer submits the Order or those indicated in the Order, according to the commercial conditions agreed with the Customer (discounts or net prices), and confirmed in writing by Al-cu System at the time of Order acceptance. Prices are considered ex-works; international sales follow EXW Incoterms. Unless otherwise agreed in writing, prices exclude VAT and transport costs from Al-cu System's warehouse to the Customer; such costs must be borne separately by the Customer. Al-cu System reserves the right to modify the prices listed at any time. Changes will be communicated to the Customer by email at least 20 days before they take effect.
DELIVERY TERMS
Delivery terms indicated in the Order Confirmation are indicative; Al-cu System will make reasonable efforts to meet them but is not responsible for transportation delays. Al-cu System may extend delivery terms or suspend deliveries at its discretion in case of: a) failure by the Customer to meet payment obligations or delays in fulfilling contractual duties; b) force majeure events such as strikes, epidemics, wars, fires, floods, production interruptions, or power outages; c) delays in providing necessary materials or data by the Customer; d) changes in the Order accepted by Al-cu System; e) delays caused by the carrier. Force majeure does not entitle the Customer to damages.
DELIVERY/TRANSPORT
Delivery is considered completed at Al-cu System's warehouse. Notification of goods ready for pickup or shipment to the carrier constitutes effective delivery. The Customer is responsible for providing carrier information and any insurance, handling, or special transport services requested.
PAYMENTS
Payments must be made at Al-cu System’s premises and according to the agreed conditions. Late payments exceeding 30 days grant Al-cu System the right to suspend delivery or terminate the contract. Any delayed or partial payments may incur interest or additional charges.
CLAIMS
Any claim regarding delivered products must be submitted in writing within eight (8) days of receipt. Failure to comply renders the delivered products considered as conforming to the Order.
RETURNS
All returns must be pre-authorized in writing by Al-cu System and sent to its warehouse in original packaging with proper documentation. Returned goods will be credited at purchase price minus a 10% administrative fee.
WARRANTY
Al-cu System guarantees its products and components to be free from manufacturing defects for 12 months from delivery. Warranty is limited to repair or replacement at Al-cu System’s discretion, excluding normal wear and tear. Warranty claims must be submitted in writing with relevant purchase references. Al-cu System is not responsible for modifications made by Manufacturers.
LIABILITY
Al-cu System’s liability for defective products cannot exceed the purchase price of the defective products. No indirect or consequential damages shall be claimed.
TERMINATION CLAUSE
Al-cu System may terminate the contract under Article 1456 of the Civil Code in case of incorrect or non-performance by the Customer.
GOVERNING LAW AND JURISDICTION
All contracts between Al-cu System and the Customer are governed by Italian law. Exclusive jurisdiction for disputes lies with the Court of Vicenza.