Sales Conditions
MANUFACTURER and SELLER:
FREN TUBO S.R.L., Via della Bastia, 29, 40033 Casalecchio di Reno (BO), Italy
e-mail: info@frentubo.com, telephone: (+39) 051-6192123
1) GENERAL CONDITIONS
The present General Conditions of Sale settle the terms of sale between FREN TUBO S.R.L. (SELLER) and its Customer, physical person and legal entity, (BUYER).
FREN TUBO S.R.L. reserves the unquestionable right to modify the present General Conditions of Sale at any moment.
FREN TUBO S.R.L. reserves the unquestionable right to modify the present General Conditions of Sale at any moment.
2) ORDERS
The Customer’s Order is considered as a purchase proposal: it is not binding for the Seller that reserves the right to accept it or not. An order receipt is not binding for the Seller until the Seller has sent the relative Order Confirmation.
Any addictions and modifications to the order, also through Seller’s agents, will not be binding for the Seller that will have the right to accept or refuse them without prejudice for the original order. The same is valid for orders’ cancellations. The Seller’s Order Confirmation cancels any verbal agreeements and negotiations that are not explicitly mentioned in the Order Confirmation.
Any addictions and modifications to the order, also through Seller’s agents, will not be binding for the Seller that will have the right to accept or refuse them without prejudice for the original order. The same is valid for orders’ cancellations. The Seller’s Order Confirmation cancels any verbal agreeements and negotiations that are not explicitly mentioned in the Order Confirmation.
3) OBJECT OF SUPPLY
The supply includes exclusively what is indicated in the Order Confirmation. FREN TUBO S.R.L. reserves the right to modify products as the Seller deems appropriate without any obligation to notify the Customer. Any eventual characteristics and data present on catalogues and any documentation related to products are to be considered indicative and not binding for the Seller.
4) PRICES
Valid prices are those indicated on the Seller’s price-lists in force when editing the Seller’s Order Confirmation and are valid for goods sold EX-Works: they do not include other burdens and costs, such as VAT, stamp duties, or other taxes and duties of any nature, which are always charged to the Customer. If not clearly indicated, prices are expressed in Euros.
5) TERMS OF DELIVERY
Terms of delivery are substancial. However, a tolerance threshold of 5 days from the delivery deadline indicated in the Order Confirmation is granted in favour of the Seller. The Seller, anyhow, shall not be responsible if the failure to meet the delivery deadline depends on strikes, unavailability of raw materials, natural disasters, fires or any other event not attributable to the Seller.
6) INCOTERMS
Goods are sold EXW Fren Tubo Factory: Casalecchio di Reno (Bologna) Italy, via della Bastia, 29. The Seller’s eventual interest in researching the means of transportation is to be intended for account and in the best interest of the Customer, without any responsibility attributable to the Seller. The Customer is responsible for eventual lost, damages, alterations of the goods and packagings, or any other reason attributable to the transportation. Goods travel at the Customer’s risk and peril: no responsibility regarding the shipping can be attributed to the Seller.
7) DELIVERY
Goods are shipped by default to the invoicing address. Should the delivery address be different from the invoicing address, the Customer is obliged to clearly indicate the two different addresses when placing the order.
8) PAYMENTS
The due amount of each invoice has to be paid in accordance with the terms and conditions laid down and clearly indicated in the invoice.
The non observance of the terms of payment gives the Seller the right to:
a) terminate all Contracts in force, in accordance with the art. 1456 of the Italian Civil Code,
b) suspend any order fulfillment or remainders of orders in course,
c) issue bank drafts, considering them authorized, of the remaining outstanding invoices, even if different payment conditions had been originally agreed.
The non observance of the terms of payment gives the Seller the right to:
a) terminate all Contracts in force, in accordance with the art. 1456 of the Italian Civil Code,
b) suspend any order fulfillment or remainders of orders in course,
c) issue bank drafts, considering them authorized, of the remaining outstanding invoices, even if different payment conditions had been originally agreed.
9) LEGAL EXPENSES
Any outstanding of the Customer authorizes the Seller to entrust a lawyer to proceed to cash out the due amount and the insolvency charges, in addition to legal costs.
10) SELLER’S RIGHT OF WITHDRAWAL
FREN TUBO s.r.l. reserves the right to withdraw from the contract in the event that, also after the transmission of the Order Confirmation, the Seller gains commercial information on the Client’s name that, at the Seller’s sole discretion, advices against the execution or continuation of the Contract: the exercise of this right does not give any right to the Customer to be refounded for damages or anything else.
11) COMPLAINTS
Any complaint related to the nature and/or characteristic of the material will have to be submitted promptly to FREN TUBO s.r.l. by e-mail to the address: qualita@frentubo.com
12) RESPONSIBILITY
The Seller’s responsibility for faults of the sold goods, if promptly reported and ascertained in contradictory, is limited exclusively to the free-of-charge substitution or reparation of the defective material (in accordance with the EU Regulation 2023/988 – GPSR).
13) PACKAGING
Standard packaging costs (bags and cardboards) are included in the prices, while potential costs for particular packages (pallets, special boxes and similar) shall be evaluated at the moment of the order.
14) AGREEMENT OF DETENTION OF TITLE
Goods remain the property of FREN TUBO s.r.l. until their complete payment.
15) JURISDICTION
Independently from the nationality and residence of the Customer, the present conditions and any other Contract with the Customer are regulated exclusively by the Italian Law.
16) PRIVACY POLICY – GDPR
Please refer to the section “Privacy” published on our website http://www.frentubo.com
17) COURT
Should any eventual dispute arise between parts, the Court of Bologna shall be the unique competent judiciary, with declared exclusion of any alternative Court.
