Terms and conditions
General conditions of sale
The following conditions of sale regulate all sales made by Coremo Ocmea SpA (hereinafter abbreviated to Coremo) to its Customers; the Customer shall always be the Company to which the invoice covering the sale is made out, even if the goods are subsequently sold on to third parties. Conditions other than those stated below may be applied to specific business transactions but only if they have been agreed in advance and confirmed in writing by Coremo specifically for each order. No agent has the power to vary these conditions of sale without the Coremo Sales Management's prior written confirmation.
Orders are definitively finalised on return of the copy countersigned by the customer for acceptance. In the event that this copy is not received within the 5 working days immediately following the order date, Coremo shall be entitled to consider the order accepted in full, and thus to proceed with its fulfilment, or to cancel it.
In the case of supply of non-standard products (i.e. those not included in the catalogue), all technical specifications must be stated by the customer in the order; the relative drawings must be supplied by the customer or, if prepared by Coremo, specifically approved by the former. Failure to provide written approval within 5 working days after dispatch of the drawings by Coremo shall be considered as tacit consent and therefore Coremo shall be authorised to start fulfilment of the order without further notice to the customer, which shall be billed for the goods as stated in the order.
The price stated in the order confirmation sent to the Customer by Coremo shall be valid and effective for the supply of the goods described therein, net of VAT, which is not included in the Coremo price list and will be charged to the customer separately. Unless otherwise agreed, prices shall be ex-store Coremo at Assago (Milan) – Italy. Shipment to the Customer is not included in the price and goods always travel at the Customer’s risk. The packaging of goods is included in the price; Coremo will be responsible for choosing the packaging technically best suited for shipment of the goods. The minimum amount which may be billed to the Customer for a single order is Euro 100.00.
The payment term stated on the order confirmation sent to the Customer applies to the order concerned; payment terms may be subject to change with no obligation to inform the Customer. Credit is granted to Customers at Coremo’s discretion and may be revoked at any time. Goods are invoiced when ready for shipment. All payments must be made in Euro. Under no circumstances shall delay in shipment of goods constitute grounds for extension of payment terms. Coremo reserves the right to change interest at the monthly rate of 1.5% on payments in arrears.
Coremo retains ownership of the goods until full payment has been made for them. In the event that the Customer becomes insolvent and/or fails to comply with payment terms, Coremo reserves the right to regain possession of the goods.
The valid delivery terms are those stated in the order confirmation sent to the Customer; Coremo shall comply with them except in cases of force majeure. Coremo does not accept any liability with regard to claims for damages on the part of the Customer if delivery is delayed in relation to the date stated in the order confirmation. If Coremo is required to store goods on the Customer’s request once they are ready for shipment or due to delays in payment, the costs and risks of storage of the goods shall be for the Customer’s account. On delivery, the Customer shall report any damage detected, missing items or tampering to the carrier and describe them on the transport document for the goods. Purely verbal claims shall have no validity.
Coremo guarantees its products against any defects in materials or manufacture for a period of 12 months from the invoice date. Defects detected by the Customer must be reported to Coremo by registered letter within no more than 5 working days after their detection; parts considered faulty must be shipped to Coremo with carriage paid by the Customer. In the event that goods are recognised as faulty after examination by both parties, Coremo shall be obliged merely to replace or repair them free of charge, without any grounds for claiming further expenses or damage. The warranty shall not be applied to products which have been misused or improperly applied by the Customer or have been subjected to negligence (including, for example, improper maintenance and storage), accidents, improper installation, modifications (including, for example, the installation of non-genuine parts or accessories not authorised by Coremo) or improper repairs or overhauls. All parts subject to normal wear and tear are excluded from the warranty.
All drawings and technical specifications or any other information Coremo supplies to the Customer together with a quotation or order confirmation shall be considered as strictly confidential. They are the property of Coremo and may not be disclosed to third parties without Coremo’s written consent.
The customer formally undertakes not to use the Coremo know-how for purposes other than those strictly connected to the supply of the goods, undertaking to provide complete compensation for any direct, indirect and consequential arising from such improper use.
Documents and confidentiality
The Customer shall examine the contract documents (purchase orders, confirmations, drawings, bills of materials and materials, technical specifications, standards, etc.) in order to make sure that the requirements to be met are clearly defined. If it should consider that some documents are missing or incomplete, or if discrepancies are noted, it shall inform Coremo at once, and in all cases before the start of fulfilment of the supply contract. In the event of failure to do so, it shall accept liability for any consequent nonconformities.
The customer must notify Coremo of any changes to the order and/or the drawing and/or the model to be supplied in writing in good time and in all cases before the start of fulfilment of the order; Coremo shall have no liability in the event that this information is not provided with the necessary haste.
For standard products, if the Customer cancels an order due to circumstances beyond Coremo’s control, the Customer shall be liable to a cancellation charge, calculated by Coremo at its own discretion in relation to the specific characteristics of the cancelled order. Orders for special products or those produced by Coremo to the Customer’s specifications cannot be cancelled in any circumstances and shall always be billed in full to the Customer which issued the order.
Unless waivers are issued, these general conditions of supply, with which the Customer states that it is familiar and which it accepts in full, shall regulate the sale and supply of Coremo products and prevail over any other conflicting clauses printed on the forms used by the parties. Any different conditions shall not be considered as valid by Coremo unless confirmed in writing. The Customer’s terms and conditions of sale shall not be considered acceptable or applicable.
In the event of circumstances which give rise to the expectation that the Customer will not be capable of fulfilling its obligations and thus in the event of bankruptcy, arrangements with creditors or any other insolvency proceedings against the Customer’s business, or if the business is put into liquidation or sold, Coremo shall be entitled to withdraw from the contract relationship by simple written notice.
Applicable law and legal jurisdiction
This contract is governed by Italian law: the law court of Milan, Italy shall have sole jurisdiction in the event of any disputes arising from it.