General Terms and Conditions of Sale

Elptec S.r.l. accepts orders under the general terms set out below. Any different terms or clauses in the Buyer's order shall be deemed not written. No addition, amendment or derogation to these Terms shall be effective unless agreed in writing by persons duly authorised to represent the parties.

The supply includes only what is specifically stated in the quotation.

Unless expressly agreed in writing, delivery times are indicative and not binding on Elptec S.r.l. They run from the notice of acceptance and the technical clarification of the order (quantity, quality, characteristics). Delivery is made Ex Works at the premises of Elptec S.r.l. (EXW), unless otherwise agreed.

Should a force majeure event cause a delay of more than 40 days, the Buyer may cancel the order with 10 days' prior written notice, without any right to compensation other than the refund of the down payment.

Ownership passes upon full payment (retention of title pursuant to Article 1523 of the Italian Civil Code). Risk passes to the Buyer when the goods are placed at its disposal at the premises of Elptec S.r.l. (EXW), even if transport is arranged by Elptec S.r.l. on the Buyer's behalf. Transport is at the consignee's expense.

Prices include packaging and exclude transport, customs duties and taxes. They may vary according to the cost of raw materials and labour.

Any complaint does not entitle the Buyer to delay payment (solve et repete clause). In the event of late payment, default interest at the rate provided by Italian Legislative Decree 231/2002 (implementing Directive 2011/7/EU) accrues automatically without the need for formal notice, together with reimbursement of recovery costs. Failure to pay a single instalment entails the loss of the benefit of the payment term and the suspension of service and support.

Elptec S.r.l. may suspend the performance of contracts if, in its judgement or pursuant to Article 1461 of the Italian Civil Code, the Customer's financial situation jeopardises payment.

During the warranty period Elptec S.r.l. undertakes, at its sole discretion, to repair or replace the components of the goods sold that prove unserviceable due to defects in materials or construction. While repairs or replacements are carried out, the Buyer expressly waives any claim for damages in general, including damages arising from the inability to use the goods.

Goods to be repaired or replaced must, subject to prior written authorisation, be sent to the premises of Elptec S.r.l. at the Buyer's care and expense. Transport costs for returning the repaired or replaced goods are also borne by the Buyer. Labour costs for the repair and travel costs, where the work must necessarily be carried out at the Buyer's premises, are borne by the Buyer.

The warranty does not cover wear parts, filter cartridges or filter elements of any kind, hoses, fittings in general and/or electrical components, or damage caused by overload, incorrect operation, poor maintenance and/or repair, or transport.

The Buyer loses the warranty if the goods are modified or repaired by personnel not authorised by Elptec S.r.l. or if the instructions for use and maintenance are not strictly followed.

Except in cases of wilful misconduct or gross negligence, Elptec S.r.l. is liable only for direct damages arising from proven manufacturing defects. Any liability for indirect damages, loss of production or loss of profit is excluded.

The goods are supplied with CE marking and an EU declaration of conformity. Any tampering or modification voids such conformity, which must then be obtained again at the Buyer's care and expense.

Elptec S.r.l. will provide suitable packaging and accepts no liability for loss or damage during transport. The cost of packaging is included in the price.

Elptec S.r.l. may cancel orders or shipments in the event of:

• protested bills or enforcement proceedings against the Buyer;
• insolvency proceedings;
• breach of any contractual clause.

Complaints must be notified in writing within the time limits set by law, failing which the Buyer's rights lapse, and do not entitle the Buyer to suspend payments.

Returns are accepted only with prior written authorisation. Transport costs are borne by the Customer. Credit will be issued net of any damage found and of a 20% penalty on the invoice value.

Elptec S.r.l. may withdraw from the contract in the event of substantial changes in markets, currency values or industrial conditions. The Buyer shall not be entitled to any compensation and shall pay for the goods already in production.

The contract proposal lapses if it is not completed within 30 days of the quotation date with the payment provided for in the quotation and the return of the countersigned proposal.

Relations between the parties are governed by Italian law.

The Court of Lucca, Italy, has exclusive jurisdiction over any dispute.

Note: the order will be processed only after the quotation has been returned signed and initialled on every page and at the end. In the event of any discrepancy between language versions, the Italian text prevails.