General conditions of sale
Premises
The Supplier is a recognized distributor of high-quality fasteners used in various industrial sectors. The Customer wishes to purchase these products for specific applications, in accordance with the terms and conditions of this Agreement.
Subject of the Agreement
1.1 The purpose of this agreement is to regulate the terms and conditions under which the Supplier, hereinafter referred to as "Party A", undertakes to supply to Party B, hereinafter referred to as "Customer", the products and/or services specified in the attached purchase orders, which are an integral and substantial part of this agreement.
1.2 The specific products and/or services to be supplied, the related quantities, prices, terms and conditions of delivery, as well as any other relevant conditions, will be described in detail in the purchase orders subsequently issued by the Customer and accepted by the Supplier.
1.3 The contract also establishes the methods of execution, payment, warranty, and management of any complaints relating to the products and/or services provided, ensuring that they comply with the mandatory requirements applicable in the country of receipt, shipping, and in the country of destination identified by the customer, if applicable.
Specifications and Applications
2.1 The fasteners supplied must comply with the technical specifications agreed upon and detailed in each order, intended for specific sectors of use. Complete documentation, including specifications and detailed technical specifications, is essential for evaluating the offer. In the absence of such documents, the offer will be considered void. Mandatory requirements requested by the customer for certain products will be strictly implemented and maintained, as established, including those at suppliers.
Conditions of Supply
3.1 Each purchase order issued by the Customer and accepted by the Supplier constitutes a binding commitment to purchase and sell under the terms of this Agreement.
3.2 Product orders will be placed via purchase orders that the Customer will send to the Supplier, which the Supplier may accept or reject at its sole discretion.
3.3 Each order will specify the quantity, price, technical specifications of the products, delivery terms and applicable mandatory requirements.
Delivery and Risks
4.1 Delivery of the products will be carried out according to the INCOTERMS 2020 terms agreed for each order.
4.2 Risks of loss or damage to the products pass to the Customer upon delivery, as defined in the agreed delivery terms.
Prices and Payments
5.1 The price of the products will be that indicated in the purchase order or as agreed between the parties for subsequent orders.
5.2 Payment will be made by the Customer according to the methods previously defined between the parties.
Default interest
Failure to pay within the terms specified on the invoice will constitute sufficient grounds for automatic default on the debtor starting from the day following the due date. During the default period, interest will accrue until full payment is made. Such default may also result in our suspension of supplies until the outstanding payments are settled.
Warranty and Complaints
6.1 The Supplier warrants that the fasteners comply with the technical specifications and are suitable for use in the specified industries, free from defects in materials and workmanship. The warranty period varies depending on the industry in which the products are used, starting from the delivery date, as explained below:
Area of Use and Warranty Duration
Standard: 12 months – Automotive: 18 months – Security: 24 months
This distinction ensures that the warranty is appropriate for the specific conditions of use and operational stresses expected in different application environments. It clearly introduces the different warranty periods for products used in different sectors, offering transparency and ensuring that the specific needs of each sector are adequately covered.
6.2 Any complaints regarding defects or non-conformities must be reported by the Customer in writing to the Supplier within [10 days] of the date of discovery of the defect. The notification must include a detailed description of the defect, any photographs and/or videos, the date of discovery, and supporting documentation relating to the case.
Returns and right of withdrawal
7.1 Returns of items are not permitted without the prior written consent of FM Metal Fasteners Group SpA
7.2 In the event of a valid and timely notification of a defect, the Supplier may, at its discretion, replace the defective fasteners or refund the price paid.
7.3 Replacement fasteners will have the same warranty as the original, effective from the date of delivery of such fasteners.
7.4 The warranty will be void if defective fasteners are used for applications not specified or approved, or if improperly installed or maintained.
7.5 The product subject to withdrawal must be returned in normal condition and used with normal diligence; damaged, dirty, or worn products will not be accepted.
7.6 The purchased product must be returned intact and in its original packaging, complete in all its parts, including packaging and documentation.
Termination and Force Majeure
8.1 Either party may terminate this Agreement in the event of a material breach by the other party of its obligations hereunder, upon written notice.
8.2 Neither party shall be liable for delays or failure to perform its contractual obligations in the event of force majeure events, as defined by applicable laws.
Competent Court: For any dispute, the Court of Reggio Emilia has jurisdiction.
NB The above conditions are considered accepted in full and unconditionally upon issuance of a written or verbal order, unless otherwise specified in writing by us.
