General terms of sale and delivery
of WM Agri Technics GmbH, whose registered office is located at Breiener Strasse 15, 39053 Karneid (BZ), Italy, VAT / tax and registration number in the Bozen Commercial Register 02929330211.
1. General
These general terms of sale and delivery form an integral part of each order.
2. Technical data and sales documentation
By signing the order form the buyer declares that it has a knowledge of the product according to the relevant technical drawing or illustration and will accept it without objection, as well as considering it suitable for its purposes and claims. Should there be insufficient information in this regard, please contact WM Agri Technics GmbH before ordering.
3. Offer and conclusion
Our offers are non-binding. Final conclusion is by means of our written order confirmation. Where orders are only placed verbally or by telephone, the customer alone bears the risks and costs of any erroneous performance.
Collateral agreements are only effective once we have confirmed them in writing.
Orders are irrevocable and non-cancellable once placed.
The information contained in our printed material is only relevant if expressly stated as binding. We reserve the right to make changes to the technical data and designs for the purposes of technical progress.
4. Price
Unless otherwise stated, prices are net of value added tax at the statutory rate.
Unless otherwise stated, prices are ex works Blumau.
Packaging, pallets, insurance, transport charges, etc. will be charged additionally.
The sales price quoted excludes costs for staff training on the customer’s premises or other special services unless these have been explicitly set out by WM Agri Technics GmbH in the order confirmation.
5. Retention of title
The products delivered by WM Agri Technics GmbH remain the property of the company until such time as the buyer has fulfilled all obligations arising from the business relationship. During this time the buyer is obliged to maintain the purchased item in good condition.
The buyer is not entitled to resell or transfer, either in whole or in part, products that are subject to retention of title. Should this provision be violated, the buyer automatically surrenders any title to the person acquiring the items and must compensate WM Agri Technics GmbH for any damage or costs arising.
6. Delivery date
Delivery times are subject to change until the order is accepted.
The delivery dates agreed by WM Agri Technics GmbH are target dates. No damages or compensation for late deliveries may be claimed.
Adherence to the agreed delivery deadline is subject to circumstances that are unforeseeable or beyond the control of the parties, such as all cases of force majeure, warlike events, official interventions and prohibitions, transport and customs clearance delays, transport damage or power outages. Such circumstances also permit the delivery deadline to be extended should these occur on the premises of any manufacturer, supplier or auxiliary person.
All benefits and risks are transferred to the customer at the latest upon the departure from our factory of the items for delivery.
7. Terms of payment
Unless otherwise agreed, the following payment terms will apply:
40% within 10 days from receipt of written order confirmation
40% prior to delivery
20% within 30 days following delivery.
Payment is to be made in euros to WM Agri Technics GmbH within the periods stated in the order confirmation; bank charges and the like shall be borne by the customer.
The buyer is not entitled to withhold or offset payments. Complaints, for whatever reason, do not give the customer the right to suspend payment.
Should the payment period be exceeded, statutory late-payment interest will be calculated from the due date.
Non-payment of even a partial amount within the agreed period will entitle WM Agri Technics GmbH to suspend any delivery, even if such delivery is not directly related to the subject of the order. Failure to make payment within the agreed period will in any case automatically result in the entire amount under the order confirmation becoming due before delivery.
8. Warranty
The warranty on delivered products is 12 months from the date of invoice. The warranty only covers faults and defects of structural and functional components if the product has been regularly maintained. The warranty does not cover wearing parts or damage caused by improper or non-conforming use. The warranty does not cover damage caused during longer downtimes or any other indirect damage.
If the buyer has repaired or modified the products at its own initiative or this has been done by other persons not authorised to do so by WM Agri Technics GmbH, this will void the warranty.
Travel times, labour and resultant transport costs are in any case excluded from the warranty.
9. Complaints
Visible defects or missing parts must be notified immediately and at the latest eight days after delivery; hidden defects must be notified within eight days of discovery. In each case WM Agri Technics GmbH must be notified by registered mail, otherwise the goods will be considered as accepted without reservation and free of defects.
10. Copyright
WM Agri Technics GmbH reserves the right of ownership and copyright to all illustrations, drawings, samples and documents. These may not be made accessible or available to third parties without the permission of WM Agri Technics GmbH and must be returned immediately upon simple request. Should this provision be violated, the customer must compensate WM Agri Technics GmbH for any damages arising.
11. Severability clause
Should any stipulation of this contract or any part of it violate the mandatory statutory provisions or should for any reason be ineffective or contestable, this will not affect the validity of the remaining provisions. In this case the parties undertake to find a valid and effective solution that will be equivalent or closest to the desired economic purpose.
12. Jurisdiction
All forms of civil dispute will be governed exclusively by Italian jurisprudence and the jurisdiction of the Court of Bolzano.