TERMS AND CONDITIONS
Every clause or purchase condition appearing in the customer order that is in contradiction with DI.SEL’s general sales conditions will be void. In the case of non-compliance or failure of products, DIS.EL being the distributor and not the manufacturer of the products sold, can only be liable to replace or credit the defective products in the same or inferior amount of the sales price.
In case of possible returned goods, DIS.EL. will not accept products that have been welded, tampered, damaged or recycled form existing circuits, or used incorrectly.
Customer who does not comply with established payment terms will loose any warranty on the products.
Every other warranty in addition to the ones above-written is excluded, as well as every warranty to third parties who did not purchased the products directly from DIS.EL.
Purchase orders sent to DIS.EL. cannot be cancelled after 10 days from the date of the order and 2 days for material available from stock with urgent delivery when not already in shipping process.
Delivery dates are estimated and not binding, partial deliveries are allowed.
Delivery terms eventually indicated in the order are always estimated and never binding.
DIS.EL. has the right to suspend shipments and cancel orders in all cases of force majeure, such as, but not limited to, cases of strike of the staff of the manufacturing company due to any cause, complications which delay or do not allow the partial or total supply of goods or increase the cost of goods, etc.
Unless otherwise stated, DI.SEL. will deliver the sold products by means of forwarders; products are sold according to the EX WORKS 2010 incoterm. The risk of transport is the sole responsibility of the customer and the products will be considered delivered to the customer when collected by the forwarder or by the customer itself in DI.SEL. warehouse.
Any delivery and shipping costs are to be covered by the customer.
Delivery times provided by DIS.EL. are indicative and not binding. In any case they are subject to the real products availability among DIS.EL suppliers, and to the customer being in compliance with the payment of any previous expired invoice.
DIS.EL. will not be responsible for damages, penalties or losses due to delayed delivery.
Any order cancellation or quantity reduction must be previously authorized by DIS.EL.
Any returned good must be previously authorized by DIS.EL and must be requested within 20 days from receipt of goods only.
Returned goods will only be accepted if previously authorized with a receipt number or subject to rejection and all costs involved will be charged to the customer.
DIS.EL. is not responsible for indirect damages suffered by the buyer or by a third part related to the purchase, use and products malfunctioning.
No complaint regarding any defects or products non in compliance can be raised by the buyer, not even exceptionally, in court, if all invoices related to previous supplies have been regularly paid.
DIS.EL. is the owner of the products until their price has been paid in full, within the terms specified in the invoice.
At invoice expiration, if the buyer has not paid the invoice in full, at the agreed prices, DIS.EL has the right to ask for the return of the goods.
DIS.EL reserves the right to suspend deliveries if the customer fails to make even one payment within the time limit, or is in breach of other obligations or contracts.
Without prejudice to any other remedies provided for by the legislation in force, in case of delay in payment, the buyer shall pay to the supplier interests on late payments at a rate to be calculated in accordance with the provisions of art. 5, paragraph 1, of Legislative Decree no. 231/2002 with reference to the current year to the date of conclusion of the contract.
When the origin of the material is stated by DIS.EL. in the offer, “DLW” indicates the origin of the goods from the free market, for which in the offer it is established the term commencing form DDT date, within which DIS.EL will accept returned goods and/or complaints. After such indicated term no complaint will be accepted whatsoever.
Additional complaints from the buyer, presented in writing after the terms stated in the offer, WILL NOT BE VALID and therefore THEY WILL NOT BE TAKEN INTO CONSIDERATION. Consequently, after the term stated in the offer, DIS.EL will be relieved from any responsibility, direct or indirect and any related damage, even in compliance with clauses 1490 and 1495.
The term for presenting any type of claim – regardless of legal reason – is peremptory and it is the one stated in our offer.
The term and the conditions to return the goods will be agreed with our customer service officers, who will emit the return document (RMA). This document (RMA) will have to be attached on the external package and indicated on the return documents.
Without the RMA goods will be automatically rejected.
Any credit note and / or possible replacement will have to be agreed with DIS.EL managers.
– For ALL products sold by DIS.EL., any compensation based on the claims made by the buyer within the time limit indicated in the offer and accepted by DIS.EL., is limited to the actual price paid by the buyer for the purchase of equipment and excludes any additional type of damage.
– DIS.EL assumes no responsibility for the loss of profits or other damages suffered by the buyer.
JURISDICTION: This Agreement shall be governed by the laws of the Italian Republic. Any dispute will be settled by the Court of Padua.