General Sales Conditions
METEOR PISTON S.r.l. - CABER S.r.l.
here below mentioned as the "Seller"
Prices are Ex-Works. Prices are not binding and may be subject to any modification without prior notice, even all along the same supply.
Every order must clearly refer to the data reported on this catalogue, in addition to possible customer's references. Samples or drawings should be provided for further details, not reported on the catalogue, or special features on demand.
Any order, either direct of indirect, shall be subject to our confirmation.
Date and terms of delivery
Every date shall not be of essence and may be subject to reasonable tolerance. No claims for damages would be accepted in case of failed delivery for circumstances beyond our control or in case of any delays, compared to the date advanced on our order confirmation.
Terms of delivery refer to the International Chamber of Commerce Incoterms - last revision. Except for different agreements, goods should be considered as delivered Ex-Works. Any insurance would be on customer's charge.
Packaging and packing
Prices are always to be considered net of the packing costs. The cost of packing will always be shown on invoice separately.
Claims and returns
Any claims should be notified not later than 08 days from goods receiving. For no reasons we shall accept returns of regularly ordered goods, without our written approval.
Warranty, Claims and Returns
The Seller warrants his products free from defects in material and workmanship for thirty (30) days following date of original purchase. The Seller products are sold by professional distributors, dealers and shops official network.
All the eventual claims resulting by quality problems prior assembly or bad functionality during the usage, will be accepted only by our official network that succeeded the sale and never by private consumers. So if you are a private user and have a warranty claim to submit, get immediately in touch with the dealer/shop who sold you the parts.
If the product is found by The Seller to be defective, such products will be replaced at its own cost. All products alleged by Purchaser to be defective must be returned to The Seller ’s official seller, postage prepaid, within thirty (30) days warranty period. This limited warranty does not cover labor or other costs or expenses incidental replacement of products or parts. This limited warranty does not apply to any product which is subject to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair performed by anyone other than THE SELLER . The purchaser’s sole and exclusive remedy against THE SELLER shall be for the replacement of the defective product as provided in this limited warranty. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as THE SELLER is willing and able to replace defective goods.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT EXPRESSLY SET FORTH HEREIN. ANY PRODUCT WHICH MAY BE SOLD BY THE SELLER BUT WHICH IS NOT MANUFACTURED BY THE SELLER IS NOT WARRANTED BY THE SELLER, BUT IS SOLD ONLY WITH THE WARRANTIES, IF ANY, OF THE MANUFACTURERS THEREOF.
THE SELLER’s liability (whether under the theories of warranty, negligence or strict liability) for its products shall be limited to replacing parts found by THE SELLER to be defective, or at THE SELLER’S option, to refund the purchase price of such product. In no event shall THE SELLER be liable for incidental or consequential damages arising out of or in connection with the product. Consequential damages shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person, or loss of or damage to property.
Any claim by purchaser regarding this product shall be deemed waived by the purchaser unless submitted in writing to THE SELLER within the earlier of (i) eight (08) days following the date Purchaser discovered, or by reasonable inspection should have discovered, any claimed breach of this limited warranty, or (ii) thirty (30) days following the date of original purchase. Any cause of action for breach of this limited warranty shall be brought within six months from the date the alleged breach was discovered or should have been discovered, whichever occurs first. This limited warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
Should either party be prevented wholly or in part from fulfilling any of its obligations for reasons of Force Majeure, such obligations shall be suspended to the extent and for as long as such obligations are affected by the Force Majeure and the party claiming under this Article shall be entitled to such extension of time to fulfil such obligations as may be reasonably necessary in view of the circumstances, subject to the provision of notifying the other party within the shortest possible time of the occurrence of Force Majeure in writing, of the date when such delay commenced and reasons.
Force Majeure hereunder shall be defined as any of the following events: war, preparation for war, blockade, revolution, insurrection mobilization, civil commotion, riot, strike, sabotage, pandemic, lockdown act of governmental authorities, Act of God, plague, freight embargo, no-availability of transports or ocean vessel at the time of due time, earthquake tidal wave typhoon storm, fire explosion, flood or any condition of a similar nature beyond the control of parties hereto.
If the effect of Force Majeure lasts for more than a reasonable time, both Parities shall reach mutual agreement about continuation or termination of the Contract to the satisfaction of both parties.
Retention of property
Any goods shall remain the property of The Seller until the full receipt of payment.
Agents and dealers
We shall not be liable for the behaviour of our agents and dealers since, dealing with third parties, they act on their own.
Applicable law of Italy
Any and all disputes shall be exclusively submitted to the Law Court of Torino or Milano (Italy).
N.B. The above mentioned conditions shall be considered fully and unconditionally approved when placing any orders, either oral or written, except for any specific derogation written by us