1. PREAMBLE
These supply and delivery conditions regulate the relations between the supplier RTM (hereinafter referred as RTM) and companies requesting for supplies (hereinafter referred as Customer or Purchasing Party). These conditions are to be considered prevailing and replace the individual purchase conditions of each Customer.
By sending a formal order to RTM, the Customer intends to tacitly accept the present conditions without any limitation. Any exceptions from the following constitute an exception and must be agreed and formalized between the parties only in writing.
2. PRICES
RTM provides, on request, free quotations with no obligation, reserving the possibility to give to the Customer indicative prices only.
In event of order, these quotations will be verified in accordance to:
- The final drawings of the pieces requested (the drawings must be provided by the Customer);
- The market quotation of the material;
- The quantity of the pieces to produce.
Should adjustments become necessary, these will be appropriately applied.
The valid final prices to are exclusively those indicated in the order confirmation issued by RTM.
In event that a modification on the drawings or a variation in the requested quantity occur after the issue of the order confirmation, RTM reserves the right to check the prices and, if necessary, to adjust the quotation.
3. DELIVERY DATE
The delivery date called in the quotation is indicative only.
RTM will check the delivery date in accordance to the availability of the material and to the load of workl; after this RTM will indicate in the order confirmation the definitive delivery date.
The delivery dates called in the order confirmation are definitive and referred to the moment in which the ware will be available to be collected by the Customer (date of the delivery note).
The delivery date cannot be refered to the date in which the ware will reach the stock of the Customer.
In case of causes of force majeure RTM reserves the right to modify the delivery date called in the order confirmation. In this case RTM will inform the Customer and will take agreement with him on a new delivery date.
Under no circumstances RTM will accept penalty fees due to delayed delivery.
When the delayed delivery is due to Customer insolvency, this doesn't actually constitute a delay. Any changes to the quantities or changes to the drawings communicated by the customer after the issue of the order confirmation by RTM can affect the delivery date previously determined / agreed.
4. TECH SPECS, MATERIALS, TREATMENTS, MODIFICATION TO THE DRAWINGS
RTM produces by following the tech specs provided by the Customer and called in the customer's drawings (type of material, accuracy, treatments when requested).
Thus RTM has no liability concerning the design, the suitability and the final application/use of the pieces produced
In other hand RTM cannot make any deviation from the tech specs called in the drawings, unless they are previously agreed with the Customer.
If it will be necessary to optimize the piece for the manufacturability / machinability on the machine, this will be requested by RTM to the Customer. RTM will proceed only after the receipt of official instructions written from the Customer.
RTM cannot modifity the tech specs called in the drawings; in the case the drawings call linear or angular quotes with no specs about accuracy, RTM will automatically apply the deviation limits called in the ISO 2768-1 NORM - "m" class (medium accuracy).
If the Customer doesn't attach the drawings to his order, the production will be done in accordance to the last drawing stored in the RTM's archieve.
To buy the raw materials ant to make the treatments RTM utilize qualified suppliers.
Any defects in materials or treatments are not directly attributable to RTM.
In the case that complaints or disputes would arise regarding the materials used and / or the treatments carried out, RTM will proceed to forward its report to the respective suppliers.
In the event that modifications are made to the drawings, the Customer undertakes to promptly notify RTM also to verify the possible existence of production in progress and / or items in stock with a previous index of revision.
The liability and the costs related to the modification of the drawings are in charge to the Customer.
5. QUANTITY
Even if not previously agreed by writing, RTM will deliver to the Customer the whole batch for each code produced reserving a variation range of +/- 10% on the ordered quantity. RTM will not create/manage any specific stock for the pieces in surplus.
6. COMPLAINTS AND RETURNED WARE
Complains must be sent to RTM by writting with indication of all the information to allows RTM to trace the production process (number of the order, number of the delivery note, number of the Invoice, code, etc.); this in order to fully understand the source of the problem and to find out every possible recovery/solution.
In the case that the liability of the problem is in charge to RTM, RTM will take agreement with the Customer the more suitable action in order to resolve the matter.
In this case RTM will take in charge the costs related to the manage of the complain limited to the shipment/forwarding costs, rework/repair or new production of the pieces. No further penaltiy/fee will be accepted by RTM.
RTM cannot accept to support any cost related to working phases coming after the supply of the pieces produced.
RTM cannot accept penalties/fees for a value higher than the value of the disputed pieces.
Every return of ware must be authorize by RTM by writing.
Every non-authorized return of ware will be refused.
7. PAYMENT CONDITIONS
The payment conditions are called and confirmed in the order confirmation issued by RTM.
The Customer undertakes to respect the payment terms also noticing RTM any situation that do not allow him to meet the deadlines of payments in place.
In the event of customer insolvency, RTM reserves the right to operate at its discretion:
- The suspension of any production, whether planned or already in progress;
- The suspension of the preparation for the delivery of manufactured parts;
- The suspension of the deliveries.
8. TRANSPORT
The transport terms are defined by RTM in the order confirmation and their modification can be done only with the agreement between the Parties.
In the event of delivery with a carrier appointed by RTM, the same undertakes to use qualified transport service providers able to provide adequate reliability, efficiency and speed. In this case the transport costs will be borne by RTM with the exclusion of any insurance coverage on the goods that is not specifically provided for by current legislation..
The delivery time may vary according to the type of the courier ant to the zone in which to deliver.
In the event that the carrier in charge delays the deliveries, RTM undertakes to interface with the Customer and the carrier itself to track the shipment and / or request its delivery.
If the goods are collected and transported by courier appointed by the customer, RTM is excluded from any kind of responsibility once the material has been collected, including any responsibility for any delays or actions possibly by put in place to trace the goods.
In this case, the transport costs are charged to the Customer, in any case to whoever commissioned the transport service and are NOT in any way chargeable to RTM.
9. WARRANTY
The sales contract between RTM and the Purchasing Party is attributable to the relationships between companies (in English B2B - Business to Business) which is governed by art. 1490 and subsequent of the Italian Civil Code.
In this context, in compliance with the provisions of art. 1495 of the Italian Civil Code, if the customer discovers a defect in the ware supplied by RTM, he must notify it within a maximum period of 8 days from the discovery of the defect.
In any case, this right is prescribed, according to Italian law, within 12 months from the delivery of the material.
10. APPLICABLE LAW AND JURISDICTION
All contractual relations between RTM and the Purchasing Party are subject to and regulated by the Italian Law.
For any dispute arising from the interpretation or execution of contractual relationships, or in any case connected to these matters, the exclusive jurisdiction will be of the Court of Vicenza.