General Conditions of Sale

Scope of these general conditions is to govern the current and future sales contracts between the parties, except for any exceptions specifically agreed in writing.

Buyer’s acceptance of seller’s conditions of sale
1. These Terms of Sale shall apply to every Sales of Silcon Plastic srl . Conditions and terms agreed in any individual Sale will prevail on General Conditions of Sale. Silcon Plastic srl will never be bound by general conditions of purchase of the Buyer, even if they are referred to or contained in the orders or in any other documentation of origin of the Buyer, without the prior written express consent of Silcon Plastic srl.
2. Silcon Plastic srl reserves the right to add, modify or eliminate any provision of these GCS. Additions, modifications or cancellations will apply to all Sales concluded from the thirtieth day following the notification of the new Conditions of Sale.
3. The Buyer, by placing a purchase order or with the ac- ceptance of Silcon Plastic srl of a purchase proposal and more generally in any case in which he enters a contract of sale with Silcon Plastic srl, regardless of the form of ac- ceptance, unconditionally accepts d the GCS, understanding that Silcon Plastic srl will not be bound to different condi- tions unless previously agreed in writing.
4. These General Conditions apply, insofar as they are compati- ble, to all commercial agreements stipulated by Silcon Plas- tic srl, regardless of their legal classification.
Delivery Terms
1. The delay of delivery by Silcon Plastic srl does not entail any obligation to compensate for damage.
  Silcon Plastic srl reserves the right to make partial deliveries to solve urgent situations on the part of the customer.
2. Silcon Plastic srl will not be held responsible for delays or non-delivery attributable to circumstances beyond its con- trol, such as merely by way of example and without claiming to be exhaustive:
  a) inadequate technical data or inaccuracies or delays of the Buyer in the transmission to Silcon Plastic srl of information or data necessary for the shipment of the Products;
  b) difficulty in obtaining supplies of raw materials;
  c) problems related to the production or planning of orders; d) force majeure, total or partial strikes, power failures, nat- ural disasters, measures imposed by public authorities, diffi- culties in transportation, acts of God, riots, terrorist attacks and all the and other acts of God.
3. The occurrence of some of the events listed above will not entitle the Buyer to claim compensation for any damages or indemnities of any kind.
4. Silcon Plastic srl can suspend at any time the production and delivery of the Products if, after the conclusion of the con- tract, it becomes apparent that the Buyer will not perform a substantial part of his obligations as a result of a serious de- ficiency in his ability to perform or in his creditworthiness; or his conduct in preparing to perform or in performing the contract.
Transport
1. When delivery terms are not EXW Silcon Plastic srl, at its sole discretion, can choose the most appropriate means of transport.
Price and Payment
1. All prices quoted by Silcon Plastic srl are EX WORK (Inco- terms 2010) unless otherwise agreed in writing in advance.
2. The Buyer shall pay Silcon Plastic srl’s invoice in EUR (Euros) according to the terms of payment stated in the Silcon Plas- tic srl’s sales invoice, order confirmation or as otherwise agreed. The Buyer has no right to make deductions in the in- voice or to exercise any right of retention, counterclaims or set offs against the invoice.
3. If the Buyer fails to pay the invoice when due, Silcon Plastic srl shall be entitled to interest from the day on which pay- ment was due.
4. Failure to pay within the established term confers on Silcon Plastic srl the right to suspend the delivery of the Products and resolve any single and different Sale signed.
5. The Buyer is never entitled to suspend any payment.
Retention of Title, Risk of Loss
1. Silcon Plastic remains the sole owner of the products until their entire payment, taxes included.
2. The goods supplied by Silcon Plastic srl are intended to be sold with the “reserved domain” agreement, i.e., remaining Silcon Plastic srl property until the full payment of the agreed amount, in the meantime, must be kept in perfect condition, replying to the purchasing company for damage resulting from fire, theft, misuse, mistreatment and any other cause, against which he will have to take out adequate insurance at his own expense.
3. Silcon Plastic srl, in the event of breach of the contract by the Buyer, can claim and removes the products at any time and wherever they are.
4. The risks relating to the supply are the responsibility of the Buyer from the moment the goods are delivered to the first carrier.
5. In no case will the Buyer be released from the obligation to pay the agreed price when the deterioration or damage to the goods occurs after the passage of the risks.
Receiving and inspecting goods
1. The Buyer must check at the time of their delivery and de- tecting any discrepancies related to the packaging, quantity, type and integrity of the Products with notification to the carrier and indication in the delivery note.
  Any discrepancy of the Products delivered to the Buyer with respect to the packaging, type and quantity indicated in the Order must also be reported in writing to Silcon Plastic
  srl within five days from the delivery date. If the complaint is not communicated within the term, the Buyer waives any claim about packaging, quantity, type and integrity of the Products.
Defects on Products
1. Silcon Plastic’s liability for defects is limited to defects that the Buyer can prove existed at the date the risk in the Prod- ucts passed to the Buyer.
2. Silcon Plastic srl shall not be held responsible for those de- fects which are due to damage caused during transport , storage, (II) negligent or improper use thereof;
3. Upon receipt of a product defective notice and existing all the conditions of this article, Silcon Plastic srl shall, at its own choice, either repair or replace the defective Products.
4. The Buyer shall notify Silcon Plastic srl in writing of any de- fects in the Products that has been detected within 8 days from delivery of the Products.
5. Products that are the subject of a complaint must be imme- diately sent to the Silcon Plastic srl factory, or to any other place that the latter will indicate from time to time, at costs and expenses borne by the Buyer unless otherwise agreed between the parties, to allow Silcon Plastic srl the comple- tion of the necessary tests. Silcon Plastic srl shall not be re- sponsible for damages and / or defects of the Products de- riving from anomalies caused by, or connected to, parts as- sembled / added directly by the Buyer or by the final con- sumer.
6. In any case, the Buyer cannot claim rights hereby granted to Silcon Plastic srl if the price of the Products has not been paid according to the terms and conditions agreed, even if the non-payment of the price at the terms and conditions agreed refer to Products other than those for which the Buyer intends make a claim.
7. Silcon Plastic srl will not be liable for any damages deriving from and / connected to the defects of the Products, also to- wards third parties. In any case, Silcon Plastic srl will not be held responsible for indirect or consequential damages of any kind.
8. In any case, the Buyer’s right to compensation for damages will be limited to a maximum amount equal to the value of the Products presenting defects or faults.
Limits of responsibility
1. We will not be liable for damages caused by non-production due to the supply.
2. The acquiring company can not claim compensation for di- rect or indirect damages consequent to what is specified above.
Confidentiality
1. The Buyer undertakes to maintain the strictest confidential- ity on the technical data, on the prices, and on the Know- How we supply.
Jurisdiction
1. In the event of a dispute between the parties, the Belluno Court will have jurisdiction and both parties must consider only Italian law decisive.

Rev. 01/2021