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Terms and conditions of sale
A. ORDERS
These conditions of sale are considered fully accepted by the Customer with the conferment of the order. All orders are deemed to have been taken subject to the approval of P&F Packaging & Food srl.
B. DELIVERY TERMS, DELAYS OR IMPEDIMENTS OF SUPPLY
The delivery terms, even if agreed, are not binding and exempt P&F Packaging & Food srl from observing these terms, without however giving the Customer the right to any compensation and / or indemnity of any kind. In case of force majeure, such as, for example, union unrest, delays or non-arrival of raw materials and / or other similar events such as to prevent or delay production, P&F Packaging & Food srl has the right to reduce the quantity in order or make partial deliveries and, therefore, extend the date of shipment or cancel the sale, without the right for the Customer to compensation and/ or indemnity of any kind.
C. PRICES
The prices refer to the price list in force at the time of the order. The prices indicated in the price list are net of VAT. P&F Packaging & Food srl reserves the right to change its sales lists at any time and without notice.
D. PRODUCTS
Given the different processes, the individual items may undergo some variation in size, weight, prints and color and these variations can not give rise to disputes.
For products on request (samples, special products) the minimum quantities, prices and delivery terms will be agreed from time to time. The reference samples of the shapes or colors provided by the Customer, will be checked in advance by P & F Packaging & Food srl which will confirm the suitability of the same for the realization of the product.
E. PERSONALIZATION AND RIGHTS
Industrial, intellectual and artistic property rights:
The industrial property rights are the total and exclusive property of P&F Packaging & Food srl and their communication or use in the context of the sales relationship does not create any right or claim on the part of the customer with respect to them. The buyer undertakes not to perform any act incompatible with the ownership of industrial property rights.
The graphic drafts, the plants useful for printing and the systems useful for the realization of a tailor-made product, made by P&F Packaging & Food srl, even if partially or fully reimbursed by the buyer, remain the property of P&F Packaging & Food srl.
The intellectual property of the artistic creations is not transferred with the supply of the products but remains the property of P&F Packaging & Food srl.
Customization of the ordered goods:
The goods with customization will be made on the basis of the information and indications communicated by the buyer; in particular, in case of request for personalized products with logo brands, etc., the buyer declares to have the right to use and full use of the same, relieving P&F Packaging & Food srl from any liability deriving from any violation of the protection guaranteed to them. In particular, the buyer explicitly relieves P&F Packaging & Food srl from any liability for damages that may be caused, as a result of the use of the trademark (or logo, etc ...), to third parties for the production and consequent use of the products by the same buyer. Consequently, the buyer expressly declares, as of now, to assume and assume any responsibility related to the use of the trademarks (or logo etc ...) that he will affix on his personalized products, as he assumes and accepts, as of now, any claim for damages should be brought by third parties to the detriment of P & F Packaging & Food srl, obliging, also, to compensate the same any prejudice and / or damage should suffer for any violation of the protection guaranteed to the trademarks (or logo, etc ...) used by the buyer.
P&F Packaging & Food srl assumes no responsibility in case of sending incorrect information by the buyer.
The intellectual and / or industrial property of the information and any material sent by the buyer for the realization of the customization of the ordered goods remains the exclusive property of the buyer.
F. PAYMENT, EXPENSES, INTEREST ON LATE PAYMENT
Payments must be made, within the established deadlines, at the headquarters of P&F Packaging & Food srl.
Late payment entitles our company to suspend ongoing supplies with immediate effect. In case of late payment of the amounts referred to in the supplies and invoices, the default interest provided for by the legislative decree will be due. 9.10.2002 n. 231 starting from the deadline indicated on the invoice and in the absence of expiry from the date of the invoice itself. The lack of payment of a single effect and a single invoice at its due date makes all our receivables immediately due, even if not yet accrued.
Interest in the amount of the interest rate of the main refinancing instrument of the European Central Bank, applied to its most recent main refinancing operation carried out on the first calendar day of the semester in question, increased by 7 (seven) points (Article 5 of Legislative Decree no. 231 of 9 October 2002). In addition, the costs of unpaid and recovery of the credit will be charged at cost, except for greater damage. If the delay in payment exceeds the agreed deadline by thirty days, the Customer will be charged a penalty equal to 5 (five) % of the amount in relation to which the same has not respected the terms (Article 10 of Legislative Decree 9 October 2002 n. 231).
Our company is forbidden to accept any deduction made by the buyer, except if it corresponds to a possession established by our company. In the event that the insolvency of the debtor forces us to entrust the competent bodies with the recovery of the sums due to our company, these will be increased, in addition to the aforementioned default interest, to the species incurred for recovery.
Payments by bank check and / or circular will be accepted only if previously agreed and only if the same securities are made out exclusively to P & F Packaging & Food srl.
Payments by means of securities issued through the banking circuits will preferably be domiciled at the bank indicated by the Customer without any guarantee or responsibility of support prejudicial to the successful completion of the payment. In case of non-compliance with the agreed payment conditions, the Customer will be charged from the day following the expiry of the payment deadline and without the need for formal notice.
G. TRANSPORT AND RISK
The material always travels at the risk and peril of the Customer, even when it is returned free of charge and even if the shipment is insured, it being agreed that each shipment is carried out on behalf of the Customer. It is therefore up to the Customer to carry out the necessary qualitative and quantitative checks of the goods at the time of acceptance, reporting in writing on the delivery documents any anomaly and having the carrier countersign them, in order to allow P&F Packaging & Food srl to exercise the right of recourse.
In case of impossibility, the Customer is obliged to accept the goods subject to subsequent verification of quality and quantity.
P&F Packaging & Food srl reserves the right to choose the carrier without this constituting a derogation from the provisions of the previous paragraph. In any case, damages or indemnities for various reasons for non-compliance with the delivery deadline are excluded.
H. PACKAGING
Together with the products, their containers and packaging materials are also definitively transferred, at the price and conditions in force at the time of shipment. The collection and disposal of empty containers and / or semi-finished products are, at every stage, the responsibility of the user of the product (Presidential Decree no. 915/1982).
I. COMPLAINTS
Complaints about the quality of the goods must reach P&F Packaging & Food srl within 8 days of receipt of the goods.
Any claims for defects or for goods not corresponding to what is indicated in our. sales invoice must be subject to Reserve on the invoice.
If the complaint is well founded, the replacement of the goods will be authorized at the expense of P&F Packaging & Food srl which will not recognize any other compensation.
Complaints about the quantity received, or about damaged goods, are not accepted if made more than 8 days from receipt and if they have not been noted on the courier's transport document, specifying the quantity and type of goods disputed, or if the goods have not been accepted with reserve.
Complaints about the prices applied on the invoice and / or payment conditions and / or other shown on the invoice must be made within 8 days from the date of receipt of the document.
Complaints for defects in the goods will be allowed only if made within the terms of the law (Art. 1495 of the Civil Code).
We do not accept return goods without our written permission.
All the above claims made after the deadlines do not give any right to non-payment by the Customer. Therefore, P&F Packaging & Food srl will have full right to claim, in the application of the means permitted by law, the provisions of the paragraph "PAYMENT, EXPENSES, INTEREST ON ARREARS".
L. Privacy
P&F Packaging & Food srl respects the privacy of its customers. The tax data for the issuance of transport documents and invoices, the e-mail address and any personal data of the Customers, are processed by P&F Packaging & Food srl in compliance with the RGPD (General Regulation for the Protection of Personal Data) EU Reg. 2016/679 of 27/04/2016 (Ex Art. 13 D.lgs n.196/2003.
M. JURISDICTION
For any civil disputes related to the application of these Conditions of Sale, it is agreed that the Competent Court is, exclusively, that of Palermo.