Our purchasing conditions
Preamble. The following purchase conditions govern the orders issued and/or the purchase contracts stipulated by Emporio Ricambi Rossi Spa (hereinafter Emporio). These conditions of purchase shall prevail over any general conditions of sale of the supplier.
Orders and their modifications. The orders and the supply contracts must be formulated in writing. Orders and changes to them may also be issued by electronic transmission or fax. The order confirmation must be sent by the supplier to Emporio no later than two working days after sending the order. Orders are binding and are automatically accepted after the deadline. In case of no order confirmation, Emporio will have the right to cancel the order.
Contract Execution. The goods and/or services shall be delivered/supplied at the place of delivery specified in the order or supply contract. The dates and terms agreed upon are binding. The supplier shall immediately notify Emporio’s Purchasing Department if it foresees difficulties that may hinder its ability to deliver or supply goods and services in a timely manner and with the required quality. The supply is accepted by Emporio if and only if the characteristics of the products correspond to the indications defined in the order. The acceptance of a late delivery of goods or provision of services does not imply waiver of the claim for damages.
Shipment. The goods will be accepted if and only if accompanied by a transport document indicating the order number and code assigned by the manufacturer to the products ordered. A copy of the transport document must be sent electronically to Emporio, and must arrive before the delivery of the goods. The goods must be packaged in such a way as to ensure arrival at destination in perfect condition. The costs that may result from any damage caused by inadequate packaging will be charged to the supplier. The risks related to the products will pass to Emporio at the time of delivery to the place indicated in the order. The supplier shall indemnify Emporio for any damage resulting from the delay in delivery, with the sole exception of damage due to force majeure. Any costs arising from damage due, in Emporio’s opinion, to inadequate storage in the carrier’s vehicles, shall be charged to the latter.
Origin of Products. If the products are ordered by Emporio for export, the supplier shall be obliged to provide a written declaration concerning the origin of the products, which may be valid for the necessary customs formalities. The supplier shall be liable, and hereby indemnifies Emporio, for any damage deriving from false or delayed declarations. Should it become necessary, the supplier shall prove its declarations by means of original documents issued by the Customs Authority of the place where it is based.
Price and Payment. The sale prices will be agreed upon in the supply contract or in the single order. The agreed prices cannot be increased, unless otherwise agreed in writing. In this case Emporio reserves the right to pay the difference. Payment terms are always indicated in the order.
Returns and complaints. Acceptance of goods and/or services is subject to inspection and control by Emporio in order to verify the lack of defects, accuracy and suitability. Emporio has the right to inspect goods as soon as possible, in the course of normal business activities. Emporio will promptly notify any defect after its discovery. The supplier waives the right to claim any delay in reporting defects. The Supplier shall bear all costs related to the supply of defective goods or services, in particular transport costs, processing, inspections and checks. At Emporio’s request, the Supplier shall immediately compensate Emporio for any damage suffered as a result of defective products or services supplied. In cases where damage is caused by a defect in the goods or services, the supplier shall hold Emporio harmless from any claim made against Emporio by a customer or third party for product liability. In any case, the supplier is always directly responsible in case of damage attributable to the good or service provided. This will entail the incurring of all costs, including legal fees and product recall costs.
Competent court. For any eventual controversy, the Court of Udine shall have jurisdiction.
