1. ORDERS AND ORDER CONFIRMATION – The order is accepted by us and, consequently, the sales contract is concluded and legally binding at the moment when a copy of our order confirmation indicating all conditions regulating the supply of goods is returned to us duly signed and stamped for acceptance.
2. PRICES – The prices confirmed remain valid until the delivery on the order confirmation and refer to goods which are normally ready, ex works with standard packaging included. After the emission of the order confirmation and until the moment of product delivery, CSA srl reserves the adjust the prices accordingly in the event of significant increase of raw material costs, energy costs or labor costs.
3. TERMS OF DELIVERY – The terms of delivery, of presentation at testing and shipment, however and wherever indicated, are intended from the receipt of the order confirmation duly signed and stamped from the buyer, and must be considered as indicative forecasts of the lead time and delivery to be used only as guidelines only, with no commitment whatsoever from our company. Possible delays from the date of delivery, intended when goods are collected by the customer or the appointed forwarder cannot therefore under any circumstances lead to compensation for damages, requests for fines or to the cancellation of the contract, even partially, unless those consequences have been expressly accepted by us with a separate and written statement upon acceptance of the order.
4. PACKING - Normal packaging is always included in the price. Any special packaging, expressly requested by the client, will be charged accordingly. Our company provides packaging according to its experience and habits and remains explicitly exonerated from any type of responsibility for loss, damages or failure.
5. RENDERING – Unless otherwise agreed all our sales are intended as ex works at our warehouse our loading on means of transport. The sale ex works or free of carriages limits its effects to the inclusion into the price of shipping cost materials; said shipping consequently is performed at the buyer’s risk and peril, without any commitment from CSA with regards to possible damages, delays or any issue relate to the transport, it being understood that materials themselves are also intended in such a sale, delivered in our warehouse. Any agreement carried out between CSA and the forwarders appointed for the transports, including the total amount and payment of the cost of transport, are to be considered concluded and carried out on behalf of the buyer who accepts and confirms it without reservation The nominal weights and dimensions reported in our catalogues are indicative and liable to variations without prior notice and are not considered binding in regards to CSA srl.
6. GUARANTEE – All CSA srl products, in compliance to the standards and specifications on our catalogues and successive modifications/variations, are tested individually at the plant and regularly certified are covered by guarantee for a period of one year from the date of delivery (intended the collection from CSA warehouse). The guarantee is limited to the substitution and to the repair free of charge, always subject to the final decision of CSA, of parts which compose the product and which have resulted and proven as defective due to faults in the manufacturing process.
7. DEFECTS AND COMPLAINTS – Eventual complaints regarding products which do not correspond to what is specified in our order confirmation, will not be considered valid if not presented by registered letter or certified email account within a maximum term of eight days after discovering the failure. If the complaint is prompt and well-founded, the obligation of our company is limited to the substitution/repair of the goods, always subject to the final decision of CSA, which have been unquestionably recognized as not consistent, intended in the same delivery place as per the original provision, prior return of this, excluding any right on the part of the buyer to request the cancellation of the contract and compensation for damages and reimbursement of costs sustained for any reason, or the decrease and variation of the final price. The replacement of materials will not take place if the buyer does not immediately suspend the operation or use of the materials that are the object of dispute. Eventual complaints or protests do not entitle the buyer under any circumstances to suspend or delay the payments of the goods supplied.
8. DAMAGES – All CSA srl products are covered by insurance. Eventual damages caused by product malfunctioning must be reported within 24 hours with indications of the approximate amount of damages and the name of the damaged party, and detailed description of the event, in order to inform the insurance company. The imputed product and all documentation of said damage must be at the disposal of CSA and the Insurance company until the case has been closed. CSA srl disclaims every responsibility for eventual damages to people, animals or things deriving from the incorrect installation of materials supplied by CSA or in any way deriving from the use of equipment without observing the safety rules or without the prior execution of the expected controls and maintenance. In addition to possible repair, substitution or reimbursement, subject to the final and unquestionable decision of CSA, the buyer accepts that CSA srl will not be responsible for any loss, cost or damage of any type, including third party liability, related to the product, its use, installation or substitution, marking, related to the maintenance pamphlet attached, the technical brochure and from any other documentation in paper or electronic form issued by CSA srl and either directly or indirectly connected to CSA srl.
9. RETURNED MATERIALS – The buyer cannot for any reason return the product without our explicit written authorization and in this affirmative case the material must be returned ex work to our plant, all carriage costs born by the buyer unless otherwise agreed.
10. PAYMENT – Payment of our invoices must be made within the established expiry terms. Delay of invoice payment, even if partial, results in the application of late interest rates into effect for commercial transactions. In case of default on the part of the buyer our company will have the right, pending every other action, to demand payment in advance of remaining provisions to settle every contract and to suspend the shipment of remaining orders, also if relative to other contracts, without detriment to its right to reimbursement of damages, and without any possible claims of economic nature or demand by any nature to CSA.
11. RESERVED PROPERTY – Goods are to be considered as sold on the condition of reserved property and therefore they will remain the property of CSA srl until the entire price has been paid. In case of enforcement by CSA of the clause of reserved property any amount already paid to CSA will be kept by CSA by way of compensation, without prejudice for all rights and actions in favor of CSA and notwithstanding the CSA faculty to ask for further damages.
12. RENUNCIATION – In addition to cases of circumstances beyond our control or others foreseen by law including state of alarm, mobilization, blockades or wars, strikes, agitations, plant occupations, closings, fires, public disaster, etc our company has the right to renounce in part or entirely from the sales contract definitely concluded, as well as those in process, when facts and circumstances that substantially alter the state of the markets, currency value and the conditions of Italian industry occur. In these cases, in the event that our company withdraws from the contract for impediments that do not depend on its own deed or fault, the buyer will not have the right to compensation and must, if requested by our company, pay for goods which have already been prepared.
13. DISPUTE – Every contract is regulated by Italian law. The Court of Parma is responsible for the examination and resolution of any dispute or controversy resulting from business involving our company.
14. DISCLAIMER NOTICE - CSA srl products and solutions are warranted for one year from date of shipment against manufacturing defects in material and workmanship that develop in the service for which they are designed, provided the products are installed and used in accordance with all applicable instructions and limitations issued by CSA srl. Within the terms of such warranty period we will repair or replace defective material, subject to the final decision of CSA, that is returned to our factory, transportation charges prepaid, if upon inspection, the material is found to have been defective at time of original shipment. This warranty is expressly conditioned on the purchaser’s providing written notification to CSA srl immediate (within maximum 8 days) upon discovery of the defect. This warranty shall not apply if the product has been altered or repaired by others, CSA srl shall make no allowance or credit for such repairs or alterations unless authorized in writing by CSA srl. The foregoing warranty is exclusive and in lieu of all other warranties and representations, whether expressed, implied, oral or written, including but not limited to any implied warranties or merchantability or fitness for a particular purpose. All such other warranties and representations are hereby cancelled. CSA srl shall not be liable for any incidental or consequential loss, damage or expense arising directly or indirectly from the use of the product. CSA srl shall not be liable for any damages or charges for labour or expense in making repairs or adjustments to the product. CSA srl shall not be liable for any damages or charges sustained in the adaptation or use of its engineering data and services, reports, sizing provided, technical communication by any nature, movies and any kind of information which may be used for projects, engineering and installation purposes No representative of CSA srl may change any of the foregoing or assume any additional liability or responsibility in connection with the product. The liability of CSA srl is limited to material replacements F.O.B. Salsomaggiore Terme (43039), Località Ponteghiara, Parma, Italy.