PANICE

ART.1 - INTRODUCTION
1 - These general conditions govern the sales of the PANICE which will be called "selling company" since now.

ART.2 - SALE PROPOSALS
1 - All the sales are made following these conditions that the buyer declares to know and to accept formally. Any other condition not specified here, except for the cases provided by low, is considered as not been agreed, if it has not been accepted in writing by the seller.
2 - The sale proposals are binding if not signed by the sale representative, whereas the proposals formulated by the salesmen and/or agents are considered as subordinated to the approval of the legal sale representatives.
3 - The estimates coming from the selling company and from the sale representatives are considered draft estimates and therefore unbinding from the effects of the prices and the deliveries, until a proposal which takes into consideration the elements of the article 1326 C.C., is formulated.

ART.3 - PRICES AND SALE CONDITIONS
1 - If contracts at continue and periodical fulfilment, or at deferred fulfilment, are signed prices could be increased according to circumstances occurring after the conclusion of the contract, which will be justified by the selling company.
2 - The payments made by the buyer will be charged according to the article 1193, 2nd paragraph.
3 - In case of delayed payment, interests due in the reason of 2 points in addition to the PRIME RATE fixed by ABI for the credits in current account. Anyway the selling company can ask for greater damages and in particular damages for devaluation. If the delay in payments goes beyond 60 days, or the debtor reduces the guarantees he has given, or he has not given the guarantees he has promised the selling company is allowed to issue a draft for the amount of the debit plus the interests mentioned in the first paragraph of this article.
4 - Possible deferments of payment must be agreed in writing. The non-observance of an expiry date implies the decay of the relating benefit and the immediate expiry of the whole sum still due with delay interests starting as indicated above.

ART.4 - OWNERSHIP OF GOODS AND DELIVERY
1 - The ownership of the goods is passed on with the identification made by the sale agent in the place of delivery as it is indicated in the third paragraph of this article.
2 - The delivery terms are indicative and never essential, unless explicit written agreement.
3 - In case of "force majeure" not depending on the seller acting, including union demonstration, the company won't be responsible for the delivery delay.
4 - Whoever sees to the choice of means of transport and/or pays for it, the place of delivery is the storehouse of the seller or a possible customs office, trade exhibition etc. from where the goods are sent with packing list (or substitutive document) to the customer. The goods travel at the customer's risk and peril. Unless explicit demand of the customer confirmed in writing by the selling company, the goods are not insured by the seller on the customer's demand is meant taken out on the customer's account and it doesn't contradict the legitimacy of the present condition.
5 - The selling company is responsible of the delivery delay when it is proved to depend on deceit or severe fault attributed to the same selling company.
6 - The customer must do anything necessary to make the delivery easy.

ART.5 - RESPONSABILITIES AND GUARANTEES
1 - The company is not responsible for damages caused by the faults of the sold products or by the lack of promised or essential qualifies, either these damages have been suffered by the buyer or they have been suffered by other people, directly or indirectly, if the buyer hasn't checked the quality by the deadlines indicated in the following paragraph 2/b.
2 - The customer must verify as following:
a) at the receipt of the order and before releasing a discharging signature to the carrier:
1- control of the kind and number of the parcels which must be as they are indicated in the packing list (or substitutive document);
2- control of the external conditions of the parcels, in particular possible tamperings and/or crashes which could have affected the quality and the integrity of the product inside. In case of irregularities the relating reserves must be mentioned on the documents that accompany the goods, which must be countersigned by the carrier. In any case the selling company must be informed immediately. The possible recourse for damages must be addressed to the carrier by the customer.
b) Within and not later than eight days from the delivery date, the customer must make a quality control according to the official methods or to those indicated by the technical literature which goes with the product. It is not conformable the product whose values result different from the characteriscs declared in the mentioned literature according to official methods or to those mentioned in the technical literature which accompanies the product and that the buyer declares to have examined to learn the correct use of the product itself.
3 - The selling company is not responsible for the damages caused by the wrong use of the product.
4 - In any case it is excluded a rescission from the contract in consequence of default of the selling company (see the following paragraph A), UPON PREVIOUS AGREEMENT WITH THE SELLING COMPANY (see the following paragraph A), THE BUYER CAN SEND BACK THE MATERIAL WHICH HAS NOT BEEN USED or wrongly ordered, only at THE FOLLOWING CONDITIONS:
A) Demand for the number of the authorization for the delivered product by fax, which must be mentioned on the packing list or substitutive document.
B) INTEGRITY OF THE SOLD PRODUCT WHICH MUST RESULT WITH NO DEFECTS OR POSSIBLE TAMPERINGS.
C) FORWARDINGS CHARGES ON THE BUYER.
D) RETURN of goods within and not later than THIRTY days from the delivery.
IF THIS CONDITIONS ARE FULLY RESPECTED, PANICE WILL E PROCEED WITH THE CREDIT NOTE.
If PANICE results responsible for the mistaken delivery, the return of the consignment will be effectuated by a carrier conventioned with selling company. Other delivery solutions could be refused with consequent non-acceptance of the material. GOODS PRODUCTED ON DEMAND ANY OTHER ITEM NOT INCLUDED IN PRODUCTIVE STANDARDS CANNOT BE RETURNED.

ART.6 - COMPETENT COURT
1 - The court of Ravenna will have the exclusive competence to solve possible disputes regarding the interpretation or the completion / fulfilment of the present contract, which cannot be composed in a friendly way.

OTHER CONDITIONS
All the sales are made at the conditions indicated below, that the customer declares to know and to accept formally.
1 - Delivery: the goods are meant, unless specifie agreements, ex our factory / establishment.
2 - Prices: the prices are in EUROS / each, (except when it is different indicated) IVA included.