{"id":6911,"date":"2025-03-17T12:29:54","date_gmt":"2025-03-17T11:29:54","guid":{"rendered":"https:\/\/pulsar.nubess.net\/?page_id=6911"},"modified":"2025-03-17T14:05:37","modified_gmt":"2025-03-17T13:05:37","slug":"terms-and-conditions-2","status":"publish","type":"page","link":"https:\/\/pulsarengineering.com\/en\/terms-and-conditions-2\/","title":{"rendered":"Terms of Supply"},"content":{"rendered":"\t\t
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general conditions of supply<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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General conditions of supply for machines and installations of Pulsar Engineering Srl.<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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1. Agreement<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1.1<\/strong> The following General Conditions of Sale (hereinafter \u201cGeneral Conditions\u201d), if they are not expressively derogated, define all the Contracts of sale (the \u201cContract\u201d), in Italy and\/or abroad, concerning all the Products (hereinafter \u201cProducts\u201d) produced or sold by Pulsar Engineering Srl (\u201cthe Supplier\u201d or \u201cthe Seller\u201d) to the Buyer (collectively the \u201cParties\u201d and individually \u201cthe Party\u201d). All the offers, the agreements and the deliveries made by the Supplier are generally submitted to the General Conditions set forth hereunder, except when specifically derogated in writing by the Supplier.<\/p>

1.2<\/strong> The Buyer cannot make over the Contract to a third party without the written approval of the Supplier.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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2. Characteristics of the Products - Modifications<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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2.1 <\/strong>The Buyer hereby agrees to purchase from the Seller, and the Seller hereby agrees to sell and provide to the Buyer, the Products set forth in the Contract subjected to the General Conditions set forth hereunder. The Supplier shall be entitled to make any changes to the Products which, without altering their essential features, appear to be necessary or suitable and do not result in a price increase.<\/p>

2.2 <\/strong>The Products are supplied in relation to the Buyer\u2019s demand but without being in connection with other Products at the terminal points. Therefore, the Buyer is liable for the integration of the Products into the lines and the environment wherein is installed the equipment.<\/p>

2.3<\/strong> The Buyer is the main contractor and the solely referent for the Seller. Therefore, the Buyer shall organize the other parallel and concurrent supplies.<\/p>

2.4 <\/strong>The Supplier shall supply the Buyer, free of charge, with the technical documentation relating to the Products. Said documentation shall be supplied to the Buyer exclusively in Italian and\/or in English.<\/p>

2.5<\/strong> Each Party to the contract retains all rights to technical documents provided to the other. The Party receiving such documents recognises these rights and shall \u2013 without previous written consent of the other Party \u2013 not make these documents available to any third party, either in whole or in part, nor use them for purposes other than those for which they were handed over.<\/p>

2.6<\/strong> Any information or data relating to technical features and\/or specifications of the Products contained in d\u00e9pliants, price lists, catalogues and similar documents shall be binding only to the extent they are expressly referred to in the Contract.<\/p>

2.7<\/strong> The Buyer represents and warrants that the Buyer purchases the Products for a lawful and legitimate civil use (only) and is the end user of the Products. The Parties acknowledge that no resale or other use is authorized and that the Buyer shall be fully and solely liable for any violation hereof.<\/p>

2.8<\/strong> The Buyer shall, at latest when placing the order, draw the attention of the Supplier to the standards and particular regulations applicable to the execution of the supplies and services, to the operation of the plant as well as to the health and safety of personnel.<\/p>

2.9<\/strong> The Seller warrants that the Products are certified and comply with the Machinery Directive 2006\/42\/EC of the European Parliament and of the Council. They also satisfy the European essential requirements provided for the protection of health and safety.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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3. Delivery<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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3.1<\/strong> The delivery period starts from the moment when the Buyer has provided all information of any kind, necessary to enable the execution of the supply. In the event that, after the signing of the Contract, the Buyer requests technical changes, the Seller reserves the right to assess the feasibility, timing, and price of these changes even if they do not involve changes in price. <\/p>\n

3.2<\/strong> If the Supplier accepts the above changes, the delivery period shall be automatically extended and any agreement regarding penalties for delay shall be cancelled, unless the Parties explicitly agree otherwise. In addition, Buyer shall bear any price increase due to such changes. <\/p>\n

3.3<\/strong> The delivery period will begin as soon as the Contract has been concluded and all official formalities, such as, but not limited to, import, export, transit and payment permits, have been completed, payments due under the order have been made, any agreed warranties have been provided, and major technical points have been resolved. The delivery deadline will be considered met if by that time the Supplier has sent a notice to the Buyer informing that the supplies are ready for shipment. <\/p>\n

3.4<\/strong> The delivery period is reasonably extended if payments have not been made according to contractual obligations.<\/p>\n

3.5<\/strong> The delivery period shall be extended due to events beyond Supplier’s control or due to circumstances beyond Supplier’s control (strikes, fires, floods, production interruption, power failure, etc.) or otherwise due to reasons beyond Supplier’s good will or diligence (“Force Majeure”).<\/p>\n

3.6<\/strong> The Supplier shall have the right to terminate the Contract in whole or in part, if causes beyond control prevent or delay the performance of the contract and\/or delivery of the supply without the possibility for the Buyer to claim compensation or claim damages of any kind or kind.<\/p>\n

3.7<\/strong> If the suspension due to Force Majeure lasts for more than six (6) months, either Party shall have the right to terminate the Contract with 10 days’ written notice to the other party.<\/p>\n

3.8<\/strong> Unless otherwise agreed in writing between the Parties, all deliveries of the Goods shall be made by Seller EXW (Ex Works) as defined in Incoterms\u00ae 2010, International Chamber of Commerce, with the understanding that any alternative delivery terms that may be agreed in writing, using commercial delivery terms included in Incoterms\u00ae, shall have the meaning ascribed in Incoterms\u00ae. In any event, whatever the delivery term agreed between the Parties, risks shall pass to Buyer, at the latest, upon delivery of the goods to the first carrier. In the event of delayed transmission at Buyer’s request or for other reasons not due to Supplier, the risks shall pass to Buyer on the date originally scheduled for delivery leaving Supplier’s factory. <\/p>\n

3.9<\/strong> Partial shipments are always allowed.<\/p>\n

3.10<\/strong> In the event of a delay in delivery for which the Supplier is responsible, the Purchaser may claim, after having summoned the Supplier in writing, compensation for actual damages incurred, up to a maximum amount of 5% of the price of the Products whose delivery was delayed.<\/p>\n

3.11<\/strong> Except in cases of fraud or gross negligence and as provided in clause 7.2, payment of the amounts specified in clause 3.10 excludes any further compensation for damages resulting from non-delivery or delay in delivery of the Products.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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4. Prices<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Unless otherwise agreed, prices are to be considered Ex Works, for Products packaged in accordance with trade custom with respect to the agreed means of transportation. All additional charges, such as, but not limited to, freight charges, insurance premiums, fees for export, transit, import and other permits, and for certifications, shall be borne by Buyer. Likewise, Buyer shall bear all taxes, duties, customs and similar charges that are imposed in connection with the Contract, or shall reimburse Supplier for them against adequate proof in the event Supplier is liable for them. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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5. Payment<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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5.1 <\/strong>Unless otherwise agreed in writing between the Parties, payments (collectively the Down Payment and subsequent installments) shall be made to the bank account specified by the Supplier, unless otherwise specified, within 30 days from the date of the invoice, by bank transfer. Each payment shall be deemed made when the respective amount is available to the Supplier at its bank in Italy. <\/p>\n

5.2<\/strong> The Contract is denominated in Euro. In case of payment by a promissory note, the Buyer shall pay the cost of discounting such notes, taxes on the notes, and collection fees. <\/p>\n

5.3<\/strong> Payment dates must also be met if transportation, delivery, assembly, commissioning, or taking delivery of the supplies or services are delayed or prevented for reasons beyond the Supplier’s control, or if unimportant parts of the supplies are missing, or if post-delivery work must be carried out without the supplies being prevented from use.<\/p>\n

5.4<\/strong> The Contract shall become effective upon its signature by both Parties, provided that the Down Payment has been received by the Supplier. If the Down Payment is made after the signature by both Parties, the Contract shall have no effect unless the Down Payment is made and shall become effective at the time the Down Payment is made. <\/p>\n

5.5<\/strong> If the Down Payment or contractually agreed warranties are not provided in accordance with the terms of the Contract, the Supplier shall have the right to adhere to or terminate the Contract, and in either case shall have the right to claim damages and substantial interest.<\/p>\n

5.6<\/strong> If the Buyer, for any reason, is late with further payment, or if the Supplier is seriously concerned that it will not receive payments in full or on time due to circumstances occurring after the Contract was entered into, the Supplier, without being limited in its rights under the law, shall have the right to refuse further performance of the Contract and to withhold supplies ready for shipment until new payment and delivery terms are agreed upon and until the Supplier has received satisfactory assurances.<\/p>\n

If such an agreement cannot be reached within a reasonable time, or in the event that the Supplier does not receive adequate guarantees, the Supplier shall have the right to terminate the contract and claim damages.<\/p>\n

5.7<\/strong> If Buyer delays in the agreed payment terms, Buyer shall be liable, without reminder, for interest from the agreed date on which payment was due without further notice, at the rate of 4% above the EURIBOR base rate for three months. The right to claim further damages is reserved. <\/p>\n

5.8<\/strong> The Supplier reserves the right to adjust prices if wage rates or raw material prices vary between the Supplier’s submission and the contractually agreed upon performance. In addition, an appropriate price adjustment will apply in the cases indicated below: <\/p>\n