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General conditions of sale

Art. 1- General provisions
1.1 The terms and conditions set out below (the "General Conditions of Sale") are an integral part of all current and future contracts signed by INDUSTRIE SALERI ITALO S.p.A. and the Buyer for the supply of INDUSTRIE SALERI ITALO S.p.A.'s products (the "Products").
1.2 The General Conditions of Sale shall apply even without specific reference to the same or a specific agreement to this effect.  Any different terms or conditions shall only apply if confirmed in writing by INDUSTRIE SALERI ITALO S.p.A..
1.3 INDUSTRIE SALERI ITALO S.p.A. reserves the right to amend, supplement or alter the General Conditions of Sale by attaching any such changes to its sales offers or by notifying the Buyer in writing.

Art. 2 - Conclusion of the contract
2.1 In its order, the Buyer must identify the Product required, detailing quantity, type and product code, as specified in INDUSTRIE SALERI ITALO S.p.A.'s price list. Unless otherwise agreed between the Parties in writing, orders placed by the Buyer shall not be considered to have been accepted until confirmed in writing by INDUSTRIE SALERI ITALO S.p.A.. 
2.2 Orders and/or alterations of orders made verbally must be confirmed in writing by the Buyer. Otherwise, INDUSTRIE SALERI ITALO S.p.A.  accepts no liability with regards to any possible errors or misunderstandings.

Art. 3 – Prices
3.1 The prices shall be those stated in INDUSTRIE SALERI ITALO S.p.A. 's offer, in force at the time of receipt of the order. Unless otherwise agreed in writing, prices are in Euro and refer to delivery FCA Lumezzane (Incoterms 2010): therefore, the costs and expenses of freight, insurance, taxes, duties and packaging and order management expenses shall be payable by the Buyer. Any discounts from list prices shall always be agreed in writing.

Art. 4 – Conditions of payment
4.1 The place of payment is agreed to be INDUSTRIE SALERI ITALO S.p.A.’s registered office in Lumezzane (BS), Italy.
4.2 Unless otherwise agreed in writing, payment shall be made in a single instalment by a direct method at 30 days from the invoice date.
4.3 Should payment by instalments be agreed, INDUSTRIE SALERI ITALO S.p.A. will retain ownership of the goods purchased pursuant to Art. 1523 et seq. of the Italian Civil Code. In the event of Buyer default, the Parties agree that the instalments collected shall be retained by INDUSTRIE SALERI ITALO S.p.A. as indemnity pursuant to Art. 1526 of the Italian Civil Code.
4.4 Failure to make payment or a delay in making payment by the Buyer at the agreed due dates shall result in the forfeiture of the right to deferred payment pursuant to Art. 1186 of the Italian Civil Code and of all discounts and/or benefits as may have been granted.
4.5 INDUSTRIE SALERI ITALO S.p.A. may also suspend fulfilment of any order or contract that has not yet been fulfilled, demand payment of interest on the arrears pursuant to Italian Legislative Decree no. 231 of 2002 and, if the delay in payment exceeds 20 days, terminate the contract pursuant to Art. 1456 of the Italian Civil Code, without prejudice to compensation for all damages.

Art. 5 – Delivery
5.1 Unless otherwise agreed in writing, the place of delivery of the Products shall be INDUSTRIE SALERI ITALO S.p.A.'s registered office in Lumezzane (BS), Italy.
5.2 The delivery terms specified in the order confirmation are approximate and not binding. In any case, the Parties agree that delivery of Products made within 90 days of the term specified in the order confirmation shall not constitute default or delayed fulfilment.
5.3 INDUSTRIE SALERI ITALO S.p.A. shall inform the Buyer when the Products purchased are available for delivery. In the event of failure by the Buyer to collect the goods within 10 days of said notification, the contract shall be terminated pursuant to Art. 1456 of the Italian Civil Code on grounds of Buyer default, without prejudice to compensation for any damages.
5.4 Even if the Parties agree that the Products purchased shall be delivered to a place other than the aforesaid registered office, with INDUSTRIE SALERI ITALO S.p.A. paying the transport or delivery costs, the risks and responsibilities deriving from the transport or delivery of the Products shall remain with the Buyer.
5.5 INDUSTRIE SALERI ITALO S.p.A. reserves the right to make partial deliveries, accompanied by separate invoices. Each partial delivery shall be considered as a separate contract. The Buyer cannot, therefore, wait for delivery to be completed before paying for the goods.
5.6 At INDUSTRIE SALERI ITALO S.p.A.'s request, Buyer agrees to send without delay a copy of the international transport document which accompanied the shipment (C.M.R., air way bill, bill of lading, etc.) with confirmation of receipt of the Products or, failing this, any other evidence confirming that he has received them (e.g. certificate substitutive). Otherwise, the Buyer is obliged to indemnify INDUSTRIE SALERI ITALO S.p.A. against any possible sanction in which the latter may incur as a result of the failure.

Art. 6 - Warranty
6.1 The warranty for the Products shall be valid for two (2) years from delivery of the same to the Buyer; after this term, no further claims may be made on INDUSTRIE SALERI ITALO S.p.A., and the Buyer shall also have no right to recourse in the event that the Products have been sold on to private consumers. INDUSTRIE SALERI ITALO S.p.A. must be notified of any defects identified within no more than eight days after the date of receipt of the Products for obvious defects and within eight days after discovery for hidden defects.
6.2 INDUSTRIE SALERI ITALO S.p.A. only guarantees the Products' performance with regard to uses, destinations, applications, capacities, etc. specified by the same. If the Buyer intends to resell the aforesaid Products, it will be responsible for ensuring that its customers are aware of the aforesaid specifications. The warranty shall only apply if the Product has been used and maintained in accordance with the specifications as per art. 7.1 and installed by an authorised service centre or a professional with the appropriate technical skills, who has followed the installation instructions contained in art. 7.1.
6.3 Any claim as aforesaid shall be accompanied by a  specimen of the defective Product, dispatched by the Buyer at its own expense, together with the relative purchase invoice and the invoice covering the installation of the Product (if installed). INDUSTRIE SALERI ITALO S.p.A. shall, at its own discretion, replace the faulty Products, refund the price paid by the Buyer, or apply a proportional discount to the price.
6.4 If the Products purchased are resold, the Buyer shall not be entitled to oblige INDUSTRIE SALERI ITALO S.p.A. to provide any different warranty terms and conditions, even if these are envisaged by the law of the country of resale.
6.5 This warranty incorporates and replaces the legal warranties for defects and nonconformities and excludes all other liability on the part of INDUSTRIE SALERI ITALO S.p.A. originating from the products supplied in any way; in particular no other forms of compensation other than those specified herein may be claimed from INDUSTRIE SALERI ITALO S.p.A. . Except in the event of malice or gross negligence fault on the part of INDUSTRIE SALERI ITALO S.p.A., any compensation paid for damages incurred by the Buyer shall never exceed the invoice price of the Products complained of.

Art. 7 - Instructions for Use - Technical Regulations
7.1 The Buyer undertakes to use the Products purchased solely in accordance with the procedures and instructions supplied by INDUSTRIE SALERI ITALO S.p.A., complying strictly with the installation and/or maintenance instructions provided inside the Product's packaging and/or in the "Installation Instructions" section of the website. 
7.2 The Buyer has sole responsibility for the compliance of the Product and its components with legislation in force in its own country. The Buyer accepts all risk with regard to any discrepancies between Italian standards and those of any other country to which the Products are shipped, and relieves INDUSTRIE SALERI ITALO S.p.A. of all responsibility.

Art. 8 Civil liability for defective Product
8.1 INDUSTRIE SALERI ITALO S.p.A. will be responsible for any injury or damage caused by defective Product within the limits and on the terms and conditions of its own Product Civil Liability insurance policy. The Buyer may only withdraw or recall Products with INDUSTRIE SALERI ITALO S.p.A. 's prior approval.
8.2 In the event that the Buyer is involved in a judgement or in an expertise concerning the Products, the same shall immediately notify INDUSTRIE SALERI ITALO S.p.A. and cooperate with the latter in taking appropriate action to ensure the successful outcome of the dispute for both. Unless in case of a sentence of INDUSTRIE SALERI ITALO S.p.A., in no case, the latter will pay the legal costs incurred by the Buyer.

Art. 9 - Force majeure
9.1 Neither Party shall be considered in breach of its contractual obligations to the extent to which their enforcement has been delayed or prevented by force majeure.
9.2 Any event or circumstance that is unforeseeable, unpreventable and beyond the control of the Parties and inevitable, despite all reasonable efforts, shall be deemed to be fortuitous or attributable to force majeure.
9.3 For example (but without limitation), such circumstances shall include transport stoppages, non-availability of raw material, breakdown or malfunction of the production line, national strike, earthquake, fire, flood, lightning and interruption of or difficulties on the telecommunications network.
9.4 The Party affected by such events shall notify the other within ten working days of their onset or from the date when they come to its knowledge.
9.5 The Parties shall examine the incidence of the event and agree possible new conditions for the agreement.

Art. 10 - Trademarks and logos - Advertising material
10.1 The Buyer acknowledges that INDUSTRIE SALERI ITALO S.p.A. has exclusive ownership of the trademarks and logos used to identify the Products and/or in the fulfilment of this contract.
10.2 The Buyer undertakes to take all the appropriate steps and precautions to guarantee the protection of INDUSTRIE SALERI ITALO S.p.A.'s trademarks and logos, hereby undertaking to inform the latter of any events or information that may give rise to a threat or be detrimental to the same.
10.3 The Buyer undertakes not to register INDUSTRIE SALERI ITALO S.p.A.'s trademarks and logos, or trademarks/logos, which may be mistaken for them, or have them registered in its own country or elsewhere, and not to register domain names containing the aforesaid trademarks and logos.
10.4 The Buyer undertakes to manage the advertising material supplied by INDUSTRIE SALERI ITALO S.p.A. in accordance with the latter's instructions.

Art. 11 - Law and legal jurisdiction
The contract to which these General Conditions apply shall be governed in all respects, including its validity, interpretation and fulfilment, by Italian law.
Any disputes relating or connected to the contract shall be subject to the exclusive jurisdiction of the court of Brescia, Italy.

Art. 12 - Protection of Personal Data
With regard to personal data that INDUSTRIE SALERI ITALO S.p.A. gains in execution of these General Conditions, the same ensures the fulfillment of all obligations in compliance with national and European privacy law (D.lgs. 196/2003 and EU Reg. 2016/679).

Plant address Via Ruca 406
25065 - Lumezzane (BS)
Tel. +39 030 8250411
Fax +39 030 8922536
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© Industrie Saleri Italo S.p.A. 2015 - P.IVA IT01589150984 - Codice SDI: A4707H7 - Pompe acqua - Waterpumps - Wasserpumpen - Pompes à eau - Bombas de agua