- Terms of Delivery.
- Unless otherwise expressly agreed in writing any indicated time of delivery shall be nonbinding for the Seller.
Unless different agreement between the parties, the approximate term for the delivery is the one specified in the confirmation of order.
- The Seller reserves the right to reasonably delivery in instilments.
- Any liability to supply as a result of force majeure or other unforeseen incidents outside the Seller responsibility including, without limitation, strike, lock out, acts of public authorities, subsequent cease of export or import opportunities shall, for their duration and in accordance with their impact, relieve the Seller from the obligation to comply with any agreed time for delivery.
- The Seller is not obliged to accept the Products returns, unless otherwise agreed in writing. Any costs arising thereof shall be at the expense of the Buyer.
- Duty to Inspection and Acceptance of Products.
- Upon taking possession of the Products, the Buyer shall immediately:
(6.1) Check quantities and packaging of the Products and record any objections on the delivery note. (6.2) Conduct a conformity check on the Products compared to the data indicated in the confirmation of order and records any objections on the delivery note.
- In case of a notice of defect the Buyer shall comply with the following procedures and deadline:
(6.3) the notification shall be made by no later than [3 (three) working days] from the taking possession of the Products by the Buyer. In the event of an objection to a defect which, despite a first inspection has remained undiscovered, the objection must be raised within the early of the expiry of the working day on which the defect has been discovered but in any event by no later than [2 (two) weeks] after takeover of the Products. (6.4) The detailed notice above mentioned shall be delivered in written form to the Seller within the deadlines. Any notice by telephone conversation shall not be accepted. (6.5) The notice must clearly specify the kind and amount of the alleged defect. (6.6) The Buyer agrees to make available for inspection the objected Products; such inspection shall be done by the Seller or by any expert designated by the Seller.
- No objections with regard to the quantities, quality, type, and packaging of the Products shall be possible unless a note has been placed on the delivery note in accordance with the above mentioned procedure.
- Any Product to which objection shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer.
- Only for the household appliances – Terms of Warranty.
- The Seller hereby represents and warrants that the Products shall be free from defect and shall comply with the technical specifications forwarded by the Seller.
- The warranty shall be valid only on the products used in suitable environment and for suitable applications in appliance with technical specifications forwarded by the Seller; every improper use of the products is forbidden.
- The warranty shall not be valid if the defect or not conformity will prove to be depending on not correct on not suitable applications of the product, or if the product has been incorrectly placed in operation.
Any change or replacement of product parts, which has not been authorized by the Seller releases the manufacturer from any civil or penal liabilities, and makes the warranty invalid. The warranty does not cover the normal products parts subject to consumption.
- For further Terms of Warranty please refer to the document “General Service Policy Guide”.
- Limitation of Liability.
- Unless in case of justified objection which shall have been raised in accordance whit the procedure and deadlines set forth in paragraph 5 above, the Buyer shall not be entitled to any further rights or remedies.
In particular, the Seller shall not be responsible for any compensation based on breach of contract or default.
- The Seller shall do its best endeavor to deliver the Products within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the products.
- Catalogues, price lists or other advertising matters of the Seller are only an indication of the type of Products and no prices or other information contained herein shall be binding for the Seller. The Seller does not accept any responsibility for errors, or omissions contained in its price lists or promotional matters.
- Controversy right.
If the Customer intends to notify any not correspondence or appropriateness of one of the items delivered from the Supplier, it is obliged to give written notice as specified in the paragraph ”Duty to Inspection and Acceptance of Products.”; otherwise this element is to be considered accepted in its entirety.
- Retention of Title.
- The Product supplied shall remain in the property of the Seller until the date of the full payment by the Buyer of the entire price of the Products and of all amounts due to the Seller. Until that time the Buyer shall hold the Products as the Seller’s fiduciary agent and shall keep the Product properly stored, protected and insured.
- If in the Country of the Buyer’s domicile for the validity of the retention of title for the benefit of the Seller it is necessary to fulfil some administrative or legal formalities as, without limitation, to file the Products with the public registers or to affix particular seals on them, the Buyer shall cooperate with the Seller and shall do its best effort for carry out all the necessary actions in order to obtain a valid retention of title right on the Products for the benefit of the Seller.
- Data Protection Law.
The personal data of the Buyer shall be processed in accordance with the Italian data protection law (Legislative Decree 196/2003). The Seller informs the Buyer that the Seller is the data controller and that the Buyer’s personal data shall be collected and processed for the only purpose of the performance of this agreement. Pursuant article 7 of the Italian Legislative Decree 196/2003, the Buyer has the right to ask to the Seller the updating, amendment, integration, writing off and transformation in anonymous form of its data.
- Applicable Law.
- In case of the Buyer is a subject having Italian nationality, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by Italian laws.
- On the contrary, in case of the Buyer is a subject having a nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the International Sale of Goods.
- Any dispute arising between the parties in connection with the interpretation, validity or performance of the present General Terms and Conditions of Sale and of all the relevant agreements shall be of the exclusive competence of the referred to the Court of Siracusa.
- It is agreed between parties that the Seller, at its own discretion, may have the faculty to waive the exclusive jurisdiction set forth in paragraph (A) to bring an action against the Buyer in its domicile and before any court of competent jurisdiction.
- Final Provisions.
- The total or partial invalidity of any provision of the present General Terms and Conditions of Sale shall not affect the validity of the other provisions.
- The present General Terms and Conditions of Sale have been drafted in both Italian and English languages.
In case of problems of interpretation the Italian version shall prevail. Pursuant articles 1341 e 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1 (B) – Applicability of the General Terms and Conditions of Sale to all the transactions; Art. 3
- Nonpayment in the terms and opening of insolvency proceedings; Art. 3 (E) – No right to make compensations, retentions or reductions; Art. 4 – Terms of delivery; Art. 5 – Duty to inspection and acceptance of products; Art. 7 – Limitation of liability; Art. 8 – Retention of title; Art. 10 – Applicable Law; Art. 11 – Jurisdiction.
NOW Yacht Supply S.r.l.s. Specific Limitation of Liability NOW Yacht Supply is a yacht service company, which does not produce any products. All the products we provide are produced, and sealed by other companies with proven expertise in their field, controlled and certified by the competent authorities. NOW warns all its customers who intend to consume raw or slightly cooked meat or fish products supplied, to keep them at a temperature of (-31°F/- 35 ° C) for at least 24 hours. Therefore, NOW Yacht Supply Company will not be held liable in the following cases:
- In case of intoxication and/or poisoning and/or death; (caused by food or beverage), of people and/or animals.
In this case, we will provide to the customer and to the authorities the data of the companies from which we made the various supplies.
- In case of allergic reactions; (caused by food, beverage, plants, or flowers), of people and/or animals.
- In this case the responsibility is given to who has materially made the order, or to who has served the food or beverage to the diners without checking whether someone was allergic to some product.
- In case of presence of chemical agents among the ordered products, used for the treatment of foods such as preservatives, dyes, etc.
- In case of presence of genetically modified foods among the ordered products.
- In case of products, ordered by other suppliers, whose expiration date has passed, or very close to pass.
- In the case of products ordered by other suppliers, not packaged in the right way from the producer.