General conditions of Sale

Hereinafter the word "Supplier" means Oil Service s.r.l. - Limited liability company with sole shareholder - Via Cesare Terranova n° 10/12 - 25086 - Rezzato - BS - Tel. 030.2692908 - Fax 030.2389681 - e-mail: info@ingrassatori.it - Internet www.ingrassatori.it - Cod. Fiscale e Partita IVA (VAT): IT 02165120920 - REA CCIAA Cagliari n° 165687 - REA CCIAA Brescia n° 507893 - Capitale Sociale Euro 10.400 i.v.. Hereinafter the word "Customer" means the customer who makes a purchase. The Supplier and the Customer are hereinafter jointly referred to as "the parties".

1 - SUBJECT AND SCOPE OF THE PRESENT GENERAL CONDITIONS

1.1 - These general conditions govern all current and future contractual relationships between the parties relating to the supply of components, equipment and systems. They must be coordinated with the special conditions that may be agreed in writing by the parties or included in the written confirmation of the Supplier accepting the order.

1.2 - Unless specifically approved in writing by the Supplier, the general or special conditions that are reported or referred to by the Customer in his communications to the Supplier shall be deemed null and void.

2 - FORMATION OF THE CONTRACT

2.1 - The supply contract is finalized with the written confirmation of the Supplier accepting the order.

2.2 - However, if the conditions indicated in the order of the Customer differ from those of the written confirmation of the Supplier, the latter are valid as a new proposal and the contract is concluded when the Customer begins to execute or accept the products without express reservation written.

2.3 - Any offers of the Supplier are considered valid only for the period of time indicated on the same and exclusively for the complete supply of what is quoted in the same.

2.4 -  For each order the customer is required to specify all the data for billing (If the customer does not own the VAT number must provide the Tax Code) and at least one telephone number to allow the courier to contact him in case of difficulty in delivery.

3 - TECHNICAL DATA, DRAWINGS, DOCUMENTS FORWARDING THE SUPPLY

3.1 - The data and illustrations resulting from the catalogs, prospectuses, circulars or other illustrative documents of the Supplier are indicative. These data are not binding unless explicitly mentioned as such in the order confirmation of the Supplier.

3.2 -The Supplier reserves the right to make changes at any time to its products that it deems appropriate, giving notice to the Customer if they affect the installation.

3.3 - If the Customer proposes changes to the products, so that the same become mandatory execution, there must be full written agreement between the parties on the changes that these changes should cause on prices and delivery periods previously established. Prices may also vary if the quantities ordered are reduced or a more prompt delivery is requested than previously agreed.

3.4 - The Customer expressly undertakes not to use, for reasons other than those provided for in the supply contract, drawings, technical information and discoveries relating to the supply, which remain the property of the Supplier and which the Customer can not deliver to third parties. nor reproduce without written permission.

3.5 - The Customer is obliged to inform the Supplier, in the pre-contractual phase, of the existence of any particular regulations to be respected in the country of final destination of the goods to be supplied.

4 - EXCLUSIONS

4.1 - Unless otherwise agreed in writing, the project of the system, the installation of the supplied equipment, specific tests, manuals and training courses, start-up assistance and all services and charges not mentioned in the written confirmation of the Supplier of acceptance of the order.

4.2 - Similarly, packaging costs, taxes, stamp duties, customs fees, duties and any other additional charges are not included in the prices unless otherwise indicated by the written confirmation of the Supplier accepting the order.

5 - DELIVERY AND SHIPPING

5.1 - Unless otherwise agreed, the supplies are intended for goods returned to the Supplier's warehouse, without packaging. In any case, unless otherwise agreed, for orders for amounts over 500.00 Euro (+ VAT), with shipping to Italy, the shipment will be included in the delivery, and will therefore be charged to the Supplier. For orders of less than 500.00 Euro (+ VAT), with shipping in Italy, the shipment will have a flat-rate cost for the customer of 10.00 euros (+ VAT). If the customer chooses as payment method the mark (Payment on delivery), will be debited to the customer 5.00 € (+ VAT) < / span> for collection costs. For orders of less than 100.00 Euro (+ VAT), with shipping in Italy, will be debited to the Customer 5.00 Euro (+ VAT) for various administrative expenses (invoicing, order management, shipping management etc.).

5.2 - With the return of the materials to the Customer or to the carrier, the Supplier frees the delivery obligation and all the risks on the same materials pass to the Customer even in the event that the Supplier is in charge of the shipment or assembly in place.

5.3 - Delivery terms are indicative and are calculated in working days.

5.4 - Unless otherwise agreed by the parties, they start to run from the moment of the conclusion of the contract, unless the customer has to pay part of the price as a down payment, because then the deadline is suspended as long as he did not do it.

5.5 - Delivery terms are considered extended by right:

1) if the Customer does not provide the data or materials necessary for the supply in good time or requests variants in progress or, again, delays in responding to the request for approval of the drawings or execution plans; / span>

2) if causes independent of the goodwill and diligence of the Supplier, including delays of subcontractors, prevent or make excessively burdensome delivery within the established terms.

5.6 - In the event that the Customer is not up-to-date with payments relating to other supplies, the deadline is suspended and the Supplier may delay deliveries until the Customer has paid the sums due. span>

5.7 - Delivery terms are intended as established in favor of the Supplier; therefore the Customer can not refuse to take delivery of the products before the established date.

5.8 - Except as provided in the following art. 11, in case of failure to take delivery of the products by the Customer for the fact attributable to him or, however, for reasons beyond the control of the Supplier, the Customer will bear the risks and expenses for their custody. < / p>

5.9 - If the parties have agreed that, in case of delayed delivery, the Supplier is required to pay a sum as a penalty, the Customer can not ask for sums above the penalty as compensation for damages suffered because of the delay.

5.10 - The customer is required to specify in the order at least a telephone number to allow the courier to contact him in case of difficulty in delivery. In case the delivery is not successful due to not attributable to the Supplier or to the express courier, after 2 consecutive steps, the costs of custody or redelivery will be charged as quantified by the express courier or it will be possible to collect the product at the point of courier sorting.

6 - TESTS AND MOUNTS

6.1 - Special tests, possibly provided in the written confirmation of order acceptance, will be performed at the Customer's expense in the factory indicated by the Customer and accepted by the Supplier.

6.2 - Assembly and testing on site, if required, will be performed by the Supplier at the expense of the Customer.

7 - PAYMENTS

7.1 - Unless otherwise agreed, the payments must be made by the Customer within the terms provided in the written confirmation of acceptance of the order at the Supplier's domicile or at the credit institution indicated by him: in case of delay the customer will be required to pay the default interest, in any case the right for the Supplier to claim compensation for the greater damage suffered and the termination of the contract pursuant to the following art. 11.

7.2 - Any disputes that may arise between the parties do not exempt the customer from the obligation to observe the conditions and terms of payment.

8 - WARRANTY

8.1 - The Supplier guarantees the conformity of supplied products, meaning that the products are free from defects in materials and / or workmanship and that they comply with the provisions of a specific contract accepted by the parties.

8.2 - The duration of the warranty is twelve months starting from the delivery of the products and, for the replaced products or components, from the day of their replacement.

8.3 - Within this period the Supplier to whom the Client, not later than eight days after delivery for obvious defects and eight days from the discovery for hidden ones, has reported in writing the existence of the defects is committed , at his option - within a reasonable time regarding the entity of the dispute - to repair or replace the defective products or parts free of charge. The return of non-compliant goods must always be authorized by the Supplier in writing and must comply with the original packaging.

8.4 - Repairs or repairs are normally carried out ex-works: the costs and risks for the transport of defective products are charged to the customer. However, if the Supplier, in agreement with the Customer, deems it more appropriate to carry out the work necessary for replacement or repair at the Customer, the latter will bear the travel and accommodation expenses of the technical staff made available by the Supplier and will provide all means and the auxiliary staff required to perform the operation as quickly and safely as possible.

8.5 - The warranty expires whenever the products have been incorrectly installed or used or have undergone insufficient maintenance or have been modified or repaired without the Supplier's authorization. The Supplier is also not liable for defects in conformity of products due to normal wear of those parts which, due to their nature, are subject to rapid and continuous wear.

9 - SUPPLIER RESPONSIBILITY

9.1 - The Supplier is exclusively responsible for the proper functioning of components, equipment and systems provided in relation to the characteristics and performances expressly indicated by him. However, he assumes no responsibility for any faulty operation of machines or systems made by the Customer or third parties with hydraulic or pneumatic components of the Supplier even if the individual hydraulic or pneumatic equipment has been mounted or connected according to suggested schemes or drawings. from the Supplier, unless such schemes or drawings have not been the subject of separate remuneration, in which case the Supplier's liability will in any case be limited to what is included in the aforementioned drawings or schemes.

9.2 - In any case, outside the hypotheses regulated by the D.P.R. May 24, 1988, n. 224, and without prejudice to the provisions of art. 1229 cod. civil, the customer can not claim compensation for indirect damages, lost profits or production losses, nor can he claim compensation in excess of the value of the goods supplied.

10 - PROPERTY RESERVE

10.1 - The Supplier retains ownership of the products supplied until full payment of the agreed price.

11 - EXPRESS RESOLUTIVE CLAUSE AND RESOLUTIVE CONDITION

11.1 - The supply contract will be terminated by right pursuant to art. 1456 c.c. as a result of the simple written declaration by the Supplier of wanting to make use of this express termination clause, if the Customer:

1) except or delay payments due,

2) delays or lacks to take delivery of the products in accordance with the provisions of the preceding art. 5;

3) does not comply with the confidentiality obligations established by art. 3.4.

11.2 - The contract will be considered terminated by right in the event that the customer is placed in liquidation or has been subject to any bankruptcy proceedings.

12 - CONVENTIONAL WITHDRAWAL

12.1 - In the event that the Customer decreases the guarantees he had given or does not provide the guarantees he had promised, the Supplier will have the right to withdraw from the contract.

13 - APPLICABLE LAW

13.1 - All supply contracts in Italy and abroad governed by these general conditions are governed by Italian law.

14 - JURISDICTION

14.1 - For any dispute concerning the execution, interpretation, validity, termination, termination of supply contracts between the parties, even if the action is promoted by the Customer, the Court of the Supplier is exclusively competent. where, on the other hand, the action is promoted by the Supplier, as well as the Court of the Supplier, every other Court established by law is competent. The Forum of the Supplier is that of Cagliari.