Terms and conditions
Art. 1 – Order acceptance – The purchase order has been issued in the agreed terms and is binding for both parties without the need for the supplier’s official acceptance. Any discrepancies between the order, appendices and agreements shall be promptly notified by the Supplier to the Purchaser (by the quickest means of fax and/or e-mail) on receipt of the order and in any case no later than 7 days from the date of issue.
Art. 2 – Delivery destination and terms – The agreed delivery terms are binding. Therefore, deliveries shall be made neither later nor earlier than the agreed time. Acceptance of material delivered earlier than the agreed date without a special request from the Purchaser can be refused. In such cases it will be returned to the Supplier with carriage payable on arrival. If the material is not returned, the terms of payment shall commence from the previously agreed delivery date.
In the event of delayed deliveries the Purchaser shall have the right, subject to compensation for the greater damage, to:
a) debit the Supplier with a penalty in the range of 2% of the cost of the undelivered materials, for each week of delay, and/or
b) consider the agreement terminated and/or
c) purchase the material on the market at current prices, to be charged to the Supplier.
In any case the Purchaser is exonerated from the formalities and terms described in Art. 1516 and 1517 of the Italian Civil Code.
Delivery destination for the goods is the Purchaser’s stores specified in the purchase order; the goods therefore travel at the Supplier’s own risk, even when they are acquired with carriage payable on arrival.
Art. 3 – Prices – Unless otherwise stated, prices are to be considered fixed and invariable.
Art. 4 – Supply acceptance – The supplied material shall be received by the Purchaser subject to checking its quality and quantity. The Purchaser shall communicate to the Supplier the differences in quantity between that declared by the Supplier and that counted by the Purchaser. The Purchaser may in any case refuse the materials supplied in excess of the agreed quantity and return them with carriage payable on arrival.
If the quality of the supply does not conform to the agreed specifications or is of reject standard (i.e. unsuitable for use and/or faulty) for any reason whatsoever, it shall be returned with carriage payable on arrival. The Purchaser, subject to the right to damages, at his discretion may demand free replacement of the goods or a credit for the relative amount, which will result in the automatic termination of the agreement with regard to the part of the supplies included in the credit.
In the event of replacement, rejected goods shall be replenished within 7 days of their receipt.
If rejected material requires supplementary working and/or the use of manpower in sorting it for use, the Purchaser shall debit the Supplier with the relative amount according to costs.
The supplied material shall be manufactured in a perfectly workmanlike way, comply with the agreed specifications and in any case conform to legal requirements.
Art. 5 – Technical documentation – Equipment – Drawings, samples, models and any other documents which are the property of the Purchaser and are consigned to the Supplier, shall be treated as strictly confidential and returned to the Purchaser whenever required to do so. It is expressly forbidden to use or reproduce technical documentation, models, dies, etc. for supplies not intended for the Purchaser. Equipment prepared with a contribution from the Purchaser shall not be destroyed without prior written authorization and shall be looked after carefully. If this is not so, the Supplier shall reimburse the Purchaser both the initial amount paid by the Purchaser and any damages due to the non availability of said equipment, if applicable.
The Supplier shall, at his own expense, make provision for ordinary maintenance of the dies and/or equipment owned by the Purchaser and on loan to him; such dies and/or equipment shall be insured by the Supplier at his own expense against fire hazard and theft. In the event of failure to reach agreement on further supplies, or simply on request by the Purchaser, the above-mentioned dies and/or equipment shall be returned to the latter in perfect working order and complete with all their parts.
If during use faults occur which require extraordinary maintenance to eliminate them, the Supplier shall inform the Purchaser and await instructions on how to proceed (any damage/breakages shall be charged exclusively to the Supplier).
Art. 6 – Delivery documents – The material shall always travel with an invoice (one for each individual order) giving details of the order number, material code and description, unit of measure, quantity, package, weight, Supplier code and origin of the goods.
Art. 7 – Invoicing – Invoices regarding supplies in which reject material has been found shall not be sent forward for payment, nor partially paid, until the material has been reintegrated, even if they include goods withheld because usable. Therefore, the Purchaser shall not refund any expenses deriving from the withdrawal of bills, drafts or bank receipts.
Invoices shall include all the products for a single order. They shall show the order number, material code, delivery note number, quantity delivered, unit price, total price, VAT, and Supplier code.
Art. 8 – Industrial property – The Supplier guarantees that what is supplied does not prejudice any rights of third parties regarding patents or industrial sole rights. If this is not the case, the Supplier shall be personally liable for all harmful consequences to the Purchaser of legitimate claims by third parties, and shall protect the Purchaser from the resulting direct or indirect expenses.
Art. 9 – Non-disclosure agreement – All information that comes to the notice of the Supplier, with the exception of what is normally made known, shall be considered subject to a commitment not to disclose it.
Art. 10 – Visits at the Supplier’s – The Purchaser reserves the right to visit, in any moment and together with his customers, the Supplier's company in order to consider his organisation (equipment, labour, material acceptance, working processes, final tests, delivery, etc.).
Art. 11 – Commitment not to advertise – advertising of any kind whatsoever that refers to supplies made to I.R.C.A. S.p.A. must be expressly authorized by the Purchaser.
Art. 12 – Place of jurisdiction and applicable law – If any controversy occurs, has to be solved observing the principles of international right and the international conventions in force according to which the Place of jurisdiction shall be defined.
In any hypothesis in which the contracting parties are companies with registered office in Italy, the application of the Italian law exclusively and the competence for the area exclusively to the place of jurisdiction of Treviso has been agreed.
Goods acceptance for IRCA-RICA-SEV Divisions
• form MONDAY to THURSDAY: form 8.00 A.M to 12.30 P.M. – form 1.30 to 4.30 P.M.
• FRIDAY from 8.00 to 12.00 A.M. – Closed in the afternoon (except for sub-contractors and vehicles from abroad)
• Closed on the last working day of each month (except for sub-contractors and vehicles from abroad)
• Our delivery notes shall show: our own material code, supplier code and order number