General conditions of sale

1. GENERAL INFORMATION
1.1 These general conditions of sale govern all sales contracts concluded between our Company and customers, unless otherwise agreed in the contract.
1.2 These conditions supersede and replace any written or verbal provision.
1.3 These conditions cancel the general conditions of purchase of the customer and cannot in any case be replaced by the latter.
1.4 Acceptance of our offers implies adherence to these general conditions of sale.
1.5 TIMAC AGRO Italia has adopted the Organisation, Management and Control Model pursuant to Legislative Decree 231/2001,
whose principles are described on the website https://si.timacagro.com/en/ Any behaviour of the customer contrary to Legislative Decree 231/2001 or, in any case, suitable to induce the Company to violate the Model, may result in the termination of the contract.

2. DELIVERY
2.1. The goods travel at the risk of the consignee, even if they are dispensed free at destination (see point 2.4); any shortages must be immediately communicated to the carrier in the time and in the forms required by law. Reservations must be noted on the delivery note, to be returned to the seller under penalty of nullity.
2.2 Any defects in the goods must be reported in writing within 8 days of delivery and in such a way as to allow the seller a prompt and exhaustive check.
2.3 The delivery terms indicated in the sales confirmations are intended for guidance only, are subject to the availability of means of transport and do not constitute any commitment for the selling company.
Delivery may be delayed due to unforeseen circumstances related to international or domestic transport, foreign trade regulations, banking, currency or customs practices or other causes of force majeure, including strikes.
The selling company assumes no liability or obligation in this regard, and therefore no damage of any kind may be claimed.
2.4 In the case of sale free at destination or arrival station, the seller shall not be liable to the carrier for delays, damage or loss of cargo.
2.5 No cancellation or modification of the order will be accepted without prior agreement from the selling company.

3. INVOICING/PAYMENT
3.1 The invoice relates to the quantity actually taken care of at departure, even if it is higher than indicated in the order.
3.2 The payment of invoices must be made within the terms established at the registered office of the seller or at the banks delegated by them.
3.3 All our sales are made under retention of title. Consequently, the goods remain the property of the selling company until full payment of the sale price has been made.
3.4 In the event of late payment with respect to the agreed terms, default interest will be payable, to the extent established by Legislative Decree no. 231 of 9 October 2002.
3.5 Any complaints about the quality of the product do not suspend the terms of payment of the supply if, before the deadline, proof of the defect has not been provided to us and acknowledged by us. A suspension of the payment terms is acceptable only on the billing value of the offending parties.
3.6 Any irregularities in payments will entitle the selling company to suspend or cancel existing contracts.

4. PRICING
4.1 Invoicing is made at the price and under the conditions in force on the day of transfer of the goods – that is to say, on the date of shipment, not at the time of acquisition of the order or receipt of the goods themselves.

5. WARRANTY
5.1 Unless otherwise agreed, the goods supplied and accepted are not collected by the selling company.
5.2 The warranty of our goods is limited to the replacement of the defective product, without the recognition of damages or indemnities of any kind.
5.3 In any case, the information contained in the brochures, catalogues and in general in the commercial documentation are indicative and do not constitute a guarantee of any property of the product.

6. FORCE MAJEURE
6.1 In case of force majeure, the seller may cancel the order or reduce the quantity or extend the shipping period without the buyer being entitled to any compensation. The term “force majeure” includes any event independent of one’s will that may suspend or delay production or distribution, such as plant failures, labour unrest, supply difficulties, ECO.

7. LITIGATION
7.1 In the case of assignment of claims to a judicial officer for collection, the amount of the invoices due will be automatically increased by a flat-rate indemnity of 10% as a penalty clause. In cases of recovery of disputed receivables, the corresponding costs are borne by the buyer.

8. JURISDICTION
8.1 For any dispute concerning the sale referred to in this confirmation, the Court of the Registered Office of the selling company is competent, regardless of the method and place agreed upon for payment and delivery.