1) Generalities:
1.1 These general sales conditions are an integral part of all sales contracts concluded between the Buyer and the Seller, GM Pack S.r.l. unipersonale, with headquarters in Via Filippo Turati, 16 - 50059 Vinci (FI) Italy - Tel. +39-0571-902827, P.IVA and C.F., 06083540481 (hereinafter also referred to as "GM" for brevity), regardless of the form in which the orders are stipulated (e-mail, PEC,).
1.2 The applicability of any general conditions of purchase of the Purchaser and/or any other equivalent document issued by the latter is expressly excluded.
2) Validity, prices and right of suspension:
2.1 Quotations are made without commitment to delivery and are subject to change.
2.2 Order confirmations issued by the seller become valid and binding and constitute a contractual commitment for the seller if they are not contested within 48 hours after their dispatch.
3) Disputes, complaints and liability:
3.1 - Complaints must be made in writing immediately and in any case no later than 8 days after delivery, after which the Vendor shall not accept complaints concerning the conformity of the products with the order or obvious defects. Similarly, hidden defects must be contested within 8 days of discovery, under penalty of forfeiture of the right to contest.
3.2 For the purpose of complaints, the goods are guaranteed for 6 months from the date of manufacture. No claims, not even for defects or errors not resulting from the passage of time, shall be accepted beyond these terms.
3.3 In the event of a complaint, the goods shall be kept free of charge at the customer's premises, in a condition suitable for their best preservation, for 60 days for possible inspections, and all necessary inspections shall be made available to the seller and his agents. If the goods are destroyed without authorisation, or access for the necessary inspections is denied, no compensation shall be paid.
3.4 - The user company is obliged to check the quality, conformity to the values in the data sheets and suitability for its own applications of the material received before using it, as well as the perfection of the resulting product during its own manufacturing process.
3.5 - The Vendor declines all liability for the use of the goods supplied for uses not specifically envisaged in the technical data sheets. In particular, the supplier shall not be liable either for the preservation of the products packaged by the customer using the materials supplied or for any alteration they may have undergone.
3.6 - Any complaints do not entitle the buyer to suspend contractual payments. Any returns must be made in the original or equivalent packaging, subject to authorisation by GM. Returns of goods that have deteriorated due to handling or transport or that are unsuitably packaged shall not be accepted.
4) Storage conditions:
4.1 - No claims shall be accepted if, as a result of faulty storage by the buyer, the goods undergo changes or become even partially unsuitable for their intended use. The goods must be stored by the purchaser in their original packaging under the following conditions: - Temperature between 18 and 25 °C - Keep out of sunlight - Store in a dry place - Partially used packaging, even during use, must be resealed or adequately protected from contact with dust or other agents, natural or otherwise, that compromise its characteristics.
5) Delivery terms:
5.1 - Unless otherwise agreed in writing, the delivery terms stated in the order, in the order confirmation or in the invoice are to be understood as indicative and not peremptory; therefore, an "insignificant" delay in the execution of the order by GM shall not constitute grounds for cancellation of the order by the Buyer and shall not entitle the latter to claim any compensation and/or indemnity whatsoever from GM.
5.2 - A delay in processing the order of not more than 30 working days shall be deemed irrelevant.
5.3 - Plant breakdowns, objective difficulties on the part of the Vendor in procuring raw materials, when due to factors external to its will and not attributable to its negligence, are recognised as valid causes of force majeure, with the consequent right to change delivery terms and/or to cancel all or part of orders in progress, even if already confirmed.
5.4 - If the goods, with collection at the Buyer's expense, are not collected or authorised for dispatch within 8 days from the delivery date specified in the confirmation or, if later, from the notice of ready goods, the Seller's commitment to make the delivery lapses. The seller shall have the option of selling the goods to another customer or, at its own discretion, of continuing to keep them at the customer's disposal with immediate invoicing of the relative amount and accrual of storage and insurance costs on the basis of the courier's storage rates, without prejudice to the right to compensation for greater damages for goods ordered and not collected.
6) Tolerance of measurement and quantity:
6.1 - On contractual quantities, the Vendor reserves the right to deliver 10 % more or less than stated in the order confirmation. For the thickness of the holder, a tolerance of plus or minus 5% applies. For the spindle height, a tolerance of +/- 5% applies.
6.2 - In the case of customised boxes, sleeves and labels, the quantity tolerance is plus or minus 20%.
7) Tolerance for Other Defects or Quality Defects:
7.1 - With reference to semi-finished material, a tolerance for essential quality defects or faults is permitted up to a limit of 2% of its total length even if they render the affected products completely unsuitable for their intended use.
7.2 - The customer must check that the material is suitable for its specific application.
8) Prices and payments:
8.1 - The sales prices as well as the terms and conditions of payment for GM products are those resulting from the order confirmations and/or pro-forma invoices and/or final purchase invoices.
9) Non-payment or late payment:
9.1 - In the event of non-payment or delay in payment, even in part, with respect to the due date agreed upon and indicated in the invoice, the provisions of Legislative Decree No. 231 of 09.10.2002 shall apply.
9.2 - Any delays or defaults in payment of the consideration, even for a single invoice, shall entitle the Seller to suspend all activities. From the moment the previously unpaid consideration in the agreed terms reaches the Seller's availability, the latter shall resume production/supply activities in a time reasonably compatible with its production cycle. The period of time during which supplies have been suspended shall be automatically added to the agreed delivery terms, or to those normally expected in relation to the agreed work.
10) Transport:
10.1 - In the event of damage during carriage of the returned goods "free at destination", the seller shall only be obliged to replace the goods as soon as possible, and in any case in accordance with technical production times, or, at his own choice, to discount the damaged part.
10.2 - In the event of the arrival of damaged goods, the buyer must make a detailed reservation and send a copy to the seller within 3 days, accompanied by photos (also in digital format or by e-mail) documenting the damage. In the absence of these elements, no damage shall be acknowledged.
11) Intellectual property, confidentiality and privacy:
11.1 - Each party undertakes to maintain complete confidentiality with regard to any information, data (including technical data), document, production process, project, know-how, design, commercial strategy, price, customer and, more generally, activity of the other party (the "Confidential Information"), of which it has become or will become aware during pre-contractual negotiations or during the performance of this contractual relationship.