1. General
These sale standard terms and condition will apply to the entire business relationship between the professional operator (hereinafter referred to as “The Customer”) and Cidat S.p.A Company. Deviating provisions shall be ineffective even if Cidat S.p.A. does not expressly object thereto. Different conditions proposed by the Customer shall only be effective if Cidat S.p.A. accepts the same in writing. The Customer shall be deemed to be fully aware of the contents of these Terms and Sales Conditions stated herein, to have understood that they are binding and to have them accepted as such by placing any orders and any products.

2. Offers
Offers shall be valid for a maximum period of 4 (four) weeks starting from their date of issue. Agreements concluded orally or over the phone will be only binding if Cidat S.p.A. has acknowledged them in writing.

3. Ordering Process
The Customer may issue purchase orders to Cidat S.p.A. in the following ways: a) by fax b) by e-mail Orders received by Cidat S.p.A. are accepted only upon written confirmation. Cidat S.p.A. has the right to accept or to reject all or part of the orders. Until written confirmation has been sent by Cidat S.p.A. no bid, offer or quotation will be binding upon. Any and all terms in the Customer purchase orders, acknowledgments, confirmations or any other business forms which vary, conflict with or add to or are in any way inconsistent with the terms provided below are rejected by Cidat S.p.A. and shall not be part of any agreement between the Customer and Cidat S.p.A., unless specifically agreed to in a writing document signed by Cidat S.p.A. The terms provided below shall prevail over any varying, additional or conflicting terms in the Buyer’s forms.

4. Hose and coupling images
The hose and coupling images are purely indicative and the information in our catalogue and in each individual technical sheet are subject to change at any time and without notice, as we constantly develop and improve our products even after the last release date of the catalogue and/or individual technical sheets. The orders processed are subject exclusively to the general terms and conditions of sale listed here

5. Prices
Unless otherwise stated, the selling prices for the goods as well as offers shall be considered net amounts in Euro, VAT not included. Cidat S.p.A. reserves the right to change prices, discounts and payment conditions in force when the contract is confirmed. However, any modifications will become effective after notification of these has been issued and they will apply only to the part of the supply that has not been completed. In such a case the Customer may cancel the contract for the part not completed within 1 (one) week of the issue of the notification.

6. Delivery
Shipments shall be EXW according to the Incoterms 2000 (International Commercial Terms), unless differently agreed upon in the contract. Shipping dates are to be considered approximate and are based on prompt receipt by Cidat S.p.A. of all the necessary information from the Customer. Cidat S.p.A. shall not be liable for any loss or expense incurred by the Customer if Cidat S.p.A. fails to meet the specified delivery schedule(s) due to unforeseen circumstances. Claims for damage or loss of the goods in transit must be filled by the Customer against the Carrier, and they must be notified within 24 hours from the goods receipt. In addition to this, claims should be reported through an appropriate reserve written in the delivery note.

7. Returns
Cidat S.p.A. will accept returns only upon prior agreements and at conditions to be defined between the parties. Agreements on returns must therefore be accepted before the dispatch, by fax and/or by e-mail, explaining in detail the reasons of these returns and mentioning the original number of the delivery note and/or of the invoice. Products must be returned undamaged and complete in all their original parts. Cidat S.p.A. reserves the right to decide the amount to be reimbursed, after the materials check.

8. Tolerances
Due to Cidat S.p.A. requirements, tolerances of +/-10% of the confirmed quantities are always allowed and accepted.

9. Payment
Payment shall be made within the agreed period, in the agreed currency at the address shown on the invoice. In the event of late payment, the Customer will incur an interest charge of 2% above the EURIBOR rate on the unpaid balance. Interests shall occur automatically from the following day of the overdue payment. For any reason, the Customer may suspend and/or defer the payment, even in the event of disputes and/or complaints and in the event of any faults and/or defects of the goods supplied. Moreover, Cidat S.p.A. reserves the right to suspend all further deliveries, to recover all unpaid materials (which remain property of Cidat S.p.A. until the payment receipt of the invoice full amount) and to require an immediate payment on all other claims.In addition, the defaulting Customer shall bear all dunning charges, collection charges, investigation and information charges incurred in connection with the collection of the outstanding balance.

10. Contract modification and cancellation
The Customer may not cancel or modify any order without Cidat S.p.A. prior written consent and accepts responsibility for all the applicable costs incurred by Cidat S.p.A. due to such cancellation or modification. Cidat S.p.A. may suspend the contract if the Customer is considered financially risky and unsafe.

11. Force Majeure
Cidat S.p.A. shall not be responsible for any delay or failure to perform due to causes beyond its reasonable control. These clauses (to be considered as examples and not as exhaustive) shall include, without limitation, fire, flood, earthquake, accident, acts of the public enemy, war, acts of terrorism, riot, epidemic, quarantine restrictions, labour dispute, labour shortages, interruption of transportation, inability to secure raw materials or machinery, extraordinary increases in such raw materials prices, rationing or embargoes, acts of God, acts of Government. Similar causes shall excuse the Customer for failure to take goods ordered, providing reasonable notice to Cidat S.p.A. of such contingency. However, the Customer shall not be excused from the terms for (a) any goods shipped prior to receipt of such notice; or (b) goods already in transit when the force majeure cause occurs.

12. Warranty and claims
The warranty for a period equal to 1 (one) year from the date of shipping from Cidat S.p.A. can be executed once the goods delivered proved to be defective or faulty at Cidat S.p.A. option by means of replacing the defective goods (when these are returned to Cidat S.p.A. premises) with new goods of good quality that have to be delivered as quickly as possible or of issuing the credit note for the amount of the defective goods. No other related extra costs will be borne by Cidat S.p.A. Moreover Cidat S.p.A. shall in no event be liable for direct, indirect, incidental or consequential damages. There are no other warranties either expressed or implied beyond those set herein. However, this warranty does not cover any faults caused by normal deterioration, accelerated deterioration caused by special physical, chemical or electromechanical conditions, insufficient maintenance or incorrect repair, failure to follow the storage, user and operating instructions (available on Cidat S.p.A. catalogues or on the web site www.cidat.it) or any other faults arising because of circumstances over which Cidat S.p.A. has no control.

13. Interpretation
The validity, performance of these standard terms and condition of sales shall be governed by the Italian Law. For any legal dispute that may arise the final adjudicator of any such dispute is nominated to be the Tribunal of Busto Arsizio and this shall apply even in cases where the sales contract may stipulate the residence of the client. The parties declare to have read and accepted the standard terms and condition of sales under and for the purposes of Art. 1341 and Art. 1342 of the Italian Civil Code, especially for clauses 1), 2), 3), 4), 5), 6), 7), 8), 9), 10) Force Majeure, 11) Warranty and claims, 12) Competent Court.