Comet CRS 75 BYT Каталог онлайн [41/44] 608159

Comet CPS 55BT Каталог онлайн [41/44] 608152

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FLOOR SCRUBBER DRYERS CATALOGUE КАТАЛОГ ПОЛОМОЕЧНЫХ МАШИН ф the Customer Taxes duties customs fees and any other additional cost are not included in the prices Except for any exemption these costs and expenses shall be paid by the Purchaser and if paid by the Seller their amount shall be invoiced to the Purchaser in addition to the quoted prices The prices are subject to corrections due to printing errors 4 2 Comet shall maintain ownership of the Products until complete payment of their price The Customer shall carry out all local legal obligations to make this retention of title clause valid and executable with respect to third parties including registration in any appropriate register where locally required 4 3 Comet reserves the right to unilaterally modify the prices shown in the price list without notice and with immediate effect in the event that adjustment is due to circumstances outside Comet s control merely by way of example an increase in the price of raw materials and labour costs or changes in the exchange rate In all events the modification shall be communicated to the Customer and shall take effect on all Orders received by Comet starting from the thirtieth day after the date on which the modifications were notified to the Customer 4 4 Payment of the Net Price indicated in the invoice must be made without any reduction with respect to what is shown in the order confirmation and in the invoice 4 5 In addition to the other remedies permitted by applicable law or by these General Conditions of Sale the Seller reserves the right to apply interest in arrears on delayed payments starting from the date on which the Seller becomes entitled to payment calculated at the official reference rate of the European Central Bank increased by 7 seven points 4 6 In the event that the Purchaser fails to pay within the agreed terms or according to the methods indicated by the Seller or in the event that the Purchaser s activity is contrary to good faith or breaches specific agreements made between the parties or causes any damage to the Seller or in the event that such activity is not carried out in conformity with the ordinary course of business by which is meant without any limitation the issue of sequestration orders or protests or when payments have been delayed or bankruptcy proceedings are requested or promoted the Seller has the right at its own discretion to suspend or cancel further deliveries and to declare any claim deriving from the business relationship as immediately executable In addition the Seller can in such cases request advance payments or an escrow 4 7 In the case of agreed payments in instalments in the event even only one instalment of the price is not duly paid the Seller may immediately request the entire price to be paid with operation of the acceleration clause with regards to the Purchaser even if the conditions as per art 1186 of the civil code do not apply Alternatively the Seller may consider the contract as terminated by virtue of non performance and hold all the sums so far paid by the Purchaser on account by way of compensation 4 8 Also in the event of notification of complaints regarding faults and defects the Purchaser may not start or pursue actions unless it has fully paid the price according to the terms of the contract Payments may not in any case be suspended or delayed in the event that disputes arise relative actions may not be started or pursued if payment of the price according to the established terms and conditions has not first been made 4 9 In all events the Seller reserves the right to suspend delivery of the Products if at its own discretion the Purchaser s balance sheet position has become such as to make it difficult to receive the accrued receivables 5 Delivery terms 5 1 With the exception of what is otherwise agreed to in writing between the parties Comet shall deliver the Products EXW Ex Works at its own premises as this term is defined in the INCOTERMS 2010 issued by the international Chamber of Commerce in their latest version in force upon delivery Further to request Comet shall deal with the transport of the Products at the Customer s risk costs and expense 5 2 Delivery shall take place within the term indicated in the Order as accepted in the order confirmation or in the event that the term has not been indicated in the Order within the term of 60 days starting from the first working day after the confirmation of the individual Order The delivery terms are indicative only and are not essential terms of the contract as per art 1457 of the Civil Code and in all events do not include transport times 5 3 Except for what is provided for by article 5 2 above Comet shall not be considered as liable for delays or failed delivery attributable to circumstances outside its control such as merely by way of example and not in exhaustive terms a inadequate or imprecise technical data or delays on the part of the Customer in transmitting to Comet necessary information or data for shipment of the Products b difficulty in obtaining supplies of raw materials c problems linked to the production or planning of orders d total or partial strikes power failure natural disasters measures imposed by public authorities transport difficulties events of force majeure disorders terrorist attacks and all other events offeree majeure e delays on the part of the shipping agent 5 4 The occurrence of any of the above events shall not give the Customer the right to request compensation for damages or refunds of any kind 5 5 The delivery terms are considered as automatically extended a in the event that the Purchaser does not supply in good time the data necessary for the supply or requests modifications during execution or in the event of delays in responding to requests for approval of executive drawings and diagrams b in the event that the Purchaser is not in order with payments c in the event that at the Seller s discretion the Purchaser s balance sheet situation and or the sum of amounts payable by the Purchaser has become such as to put receipt of the price at risk 5 6 The Seller reserves the right to reasonably carry out partial deliveries 6 Transport 6 1 With the exception of what is otherwise agreed to in writing between the parties the Purchaser shall arrange for means of transport and is responsible for the availability of the means of transport within the agreed term The Seller must be immediately informed of any delay Any resulting cost is borne by the Purchaser Transport shall always take effect at the Customer s expense and risk Pursuant to art 5 1 in the event that Comet is requested to deal with the transport of the Products Comet shall choose the means of transport that it shall deem most appropriate in the absence of Customer s specific instructions 7 Non conformity 7 1 Any defect in the Products delivered to the Customer compared to the type and quantity indicated in the Order must be reported to Comet in writing within five days from the delivery date In the event that the fact is not reported within the above term the delivered Products shall be considered as conforming to those ordered by the Customer 7 2 In the event that the complaint relates to a defect that despite initial inspection has remained hidden the complaint must be made in writing as soon as possible by the end of the working day on which the defect is discovered and in all events not later than 2 two weeks from receiving delivery of the Products Further to the Seller s request the Purchaser accepts to make the contested products available to be inspected this inspection may be carried out by the Seller or by an expert appointed by the Seller 8 Warranty 8 1 Except in the event of a different written agreement between the parties Comet guarantees that COMET brand Products are free of faults defects with the exclusion of those parts of the Products that are not produced by Comet for a period of 12 months from the date of their delivery to acquisition by the final Customer attested by the sales slip With regards to products with the HPP trademark Comet guarantees that the Products are free of faults defects with the exclusion of those parts of the Products that are not produced by Comet for a period of 36 months from the date of delivery to the Customer attested by the COMET sales invoice With reference to those parts of the Products that are not produced by Comet e g combustion engines the warranty terms of the manufacturers of such Products as indicated in the Instruction Manuals and Documentation attached to them shall apply In the event of claims it is necessary to contact the Service network of the manufacturer in question 8 2 The warranty shall not apply with reference to those Products whose defects are due to i damage caused during transport ii negligent or improper use of the Products iii disregard of Comet s instructions regarding the operation maintenance and storage of the Products iv repairs or modifications made by the Customer or by third parties without Comet s prior written authorisation v the end of the normal life cycle and normal wear and deterioration derived from use of the product vi use of dirty water or aggressive fluids freezing conditions components installed incorrectly use of non original spare parts or accessories not complying with Comet s specifications and the use of components not supplied or produced by Comet 8 3 Provided that the Customer s claim is covered by the warranty and is reported according to the terms as per this articles Comet undertakes at 41

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