METEOR PISTON S.r.l. - GENERAL SALES CONDITIONS
1. DEFINITIONS
For the purposes of these “General Sales Conditions” (GSC), the following definitions shall apply:
1.1 METEOR PISTON S.r.l.: METEOR PISTON S.r.l., with registered office in Via Monte Amiata 9/11, 20021 Baranzate – (MI) - ITALY – Tax Code/VAT No. IT00695750158.
1.2 Buyer: Shall mean the Customer.
1.3 Special Conditions: Terms and conditions specifically agreed between METEOR PISTON S.r.l. and the Buyer.
1.4 Contract: The contract between METEOR PISTON S.r.l. and the Buyer for the supply of Products based on the Order.
1.5 Order The Order received by METEOR PISTON S.r.l.
2. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1 These General Sales Conditions govern all supply relationships between METEOR PISTON S.r.l. and the Buyer. Any derogation (Special conditions) from these General Conditions of Sale shall be considered valid only if agreed in writing.
2.2 The Buyer’s purchasing conditions, if any, shall not affect the validity of these General Sales Conditions (GSC), with which they must be coordinated. In the event of any conflict, these General Sales Conditions shall prevail over the Buyer’s general terms and conditions.
3. FORMATION OF THE SALES CONTRACT
3.1 Sales offers issued by METEOR PISTON S.r.l. shall remain valid for 30 (thirty) days from the date they are sent to the Buyer, unless otherwise specified. Once this period has expired, the sales offer shall no longer be valid.
3.2 Offers issued by METEOR PISTON S.r.l. shall not be binding or enforceable until expressly confirmed in writing by METEOR PISTON S.r.l.
3.3 These General Sales Conditions (GSC) govern the terms of sale between METEOR PISTON S.r.l. and its Customers (Buyers). The GSC are available on our website (www.meteorpiston.com); each Quotation and Order Confirmation indicates where they can be downloaded, so that all Buyers may review and accept them. For this reason, the Buyer is required to carefully review the GSC upon receipt of the Quotation, printing, reading, and retaining them before submitting acceptance of the Quotation. Acceptance of the Quotation implies full knowledge and acceptance of the GSC. METEOR PISTON S.r.l. reserves the right, at its sole discretion, to amend the GSC at any time, without retroactive effect. These General Sales Conditions (GSC) shall apply to every order, unless different clauses (Special conditions) are expressly agreed. In the absence of explicit confirmation by the Buyer within 48 (forty eight) hours from the order issuance date, all conditions described herein shall be deemed accepted.
3.4 All Orders transmitted by the Buyer to METEOR PISTON S.r.l. in any electronic form — including e mail, telephone, fax, or postal mail — shall be deemed equivalent to written contracts and shall have the same substantive and evidentiary value.
3.4.1 Any Order must clearly refer to the products, information, and data contained in the METEOR PISTON S.r.l. catalogue or on the website www.meteorpiston.com. Products, information, or data not included therein, as well as any variations and/or customizations, must be accompanied by approved samples or drawings.
3.4.2 For products manufactured on an MTO (Make to Order) basis, designed and produced according to drawings, technical specifications, or requirements agreed with the Buyer, the Buyer accepts a quantitative delivery tolerance of ±10% (plus or minus ten per cent) compared to the quantities stated in the Order. This tolerance is determined by the nature of the production process and is expressly deemed accepted at the time the Order is placed.
3.5 The Order Confirmation issued by METEOR PISTON S.r.l. defines and sets forth all final and binding terms and contents of the Contract, including the provisions of these General Sales Conditions (GSC), which form an integral part thereof, and fully replace the Order submitted by the Buyer. Any written or verbal condition shall have no effect unless confirmed in writing by METEOR PISTON S.r.l.
4. CHANGES OR CANCELLATION OF THE ORDER
4.1 Confirmed orders may not be modified or cancelled without the written consent of METEOR PISTON S.r.l.; any costs incurred as a result of an authorised cancellation or modification shall be charged to the Buyer.
5. PRICES AND PAYMENTS
5.1 Sales prices are always Ex Works (ICC Incoterms, latest revision), plus VAT, unless otherwise specified in the offer or order confirmation.
5.2 Unless otherwise agreed in writing, payments must be made in Euro (€).
5.3 If the Buyer is not up to date with payments — including those relating to other supplies — delivery terms shall be suspended, and METEOR PISTON S.r.l. shall be entitled to delay deliveries until all outstanding amounts have been settled by the Buyer.
5.4 Any delay or irregularity in payments shall result in the loss of the benefit of the payment term, with the consequence that all amounts owed to METEOR PISTON S.r.l., for any reason whatsoever, shall become immediately due and payable.
5.5 The Buyer shall be required to pay the full price of the products even if objections, claims, and/or disputes arise, which shall be addressed only after payment of the amounts due. The Buyer hereby waives in advance any right to offset any credit — regardless of its origin — against METEOR PISTON S.r.l.
5.6 If, for reasons not attributable to METEOR PISTON S.r.l., the Buyer or the carrier designated by the Buyer fails to take delivery of the products, METEOR PISTON S.r.l., after notifying the Buyer, may store the products and charge the Buyer for all related costs incurred.
6. RETENTION OF TITLE
6.1 All goods sold shall remain the property of METEOR PISTON S.r.l. until full payment has been received.
6.2 One time tooling sharing costs for the construction of new tooling shall be understood as a partial contribution to the total cost of the equipment. It is expressly understood that such equipment shall remain the property of METEOR PISTON S.r.l. and shall be used exclusively for the Buyer.
7. DELIVERY AND SHIPMENT
7.1 All goods are sold EX WORKS Baranzate (MI) – ITALY, in accordance with ICC Incoterms (latest revision), unless otherwise agreed in writing with the Buyer.
7.2 The delivery date indicated in the Order Confirmation is approximate and may be subject to reasonable tolerance. Failure to deliver due to force majeure, or any delays with respect to the delivery date stated in the Order Confirmation, shall not entitle the Buyer to any claims or requests for damages.
8. FORCE MAJEURE AND GROUNDS FOR SUSPENSION OF THE CONTRACT
8.1 METEOR PISTON S.r.l. shall not be liable for delays, nor more generally for the non performance and/or defective performance of its contractual obligations, whenever such failures are caused by force majeure. Force majeure shall mean any event beyond the will or control of METEOR PISTON S.r.l., or which is unforeseeable. Such events include, without limitation: natural disasters, wars, revolutions, strikes, acts of public authorities, interruptions in the supply of electricity, etc.
8.2 METEOR PISTON S.r.l. shall also not be liable for delays and/or non performance and/or defective performance of its contractual obligations to the extent that such consequences derive, directly or indirectly, from: a) breach by the Buyer of payment terms and/or methods; b) actions (or omissions) of the Buyer, including failure to provide the information and approvals necessary to proceed with the sale of the products; c) inability to obtain the materials, components, or services required for the execution of the work and the supply of the products; d) any other cause not directly attributable to METEOR PISTON S.r.l.
8.3 All circumstances referred to in Sections 8.1 and 8.2 shall suspend the performance of the Contract for the duration of the events causing such suspension. Should the suspension last for more than six (6) months, either party shall have the right to withdraw from the Contract by simple written notice sent by registered letter with return receipt or by certified e mail (PEC).
9 WARRANTY, CLAIMS AND RETURNS
9.1 METEOR PISTON S.R.L. guarantees the conformity of the Product(s) to the technical specifications submitted to the Buyer in the offer or anyhow before the order, that Buyer acknowledges and accepts by means of its order or its acceptance of METEOR PISTON S.R.L.’s offer. METEOR PISTON S.R.L.’s warranty obligations are subject to the condition that the Product(s) has been at all times transported, stored, installed, used, diligently and in compliance with METEOR PISTON S.R.L.’s instructions.
9.2 In case of materials, workmanship or design defects, the Buyer shall give a detailed written notice thereof to METEOR PISTON S.R.L. within 8 (eight) days from delivery or - in case of hidden defects - from the date of the defect’s discovery and, anyhow, not later than 12 (twelve) months (say one year) from the date of shipment; in such cases, METEOR PISTON S.R.L. shall only be bound to repair or replace the defective Product(s).
9.3 The Product(s) for which a defect claim is made by the Buyer shall be kept at METEOR PISTON S.R.L.’s disposal for possible tests and inspections and parts thereof may be returned to METEOR PISTON S.R.L., upon METEOR PISTON S.R.L.’s prior written instruction thereto only and at Buyer’s expense and risk, for reparation or replacement by METEOR PISTON S.R.L. and shipment to the Buyer at the latter’s expenses and risk.
9.4 A part from what herein set forth, METEOR PISTON S.R.L. shall bear no other responsibility, in particular any liability for direct, indirect, incidental, consequential damages, including the cost of labor for disassembly and for the purchase of any complementary material and including loss of use, loss of turnover, loss of profit or any other subsequent loss, is hereby expressly excluded, or any other consequential loss arising from the non‑use or technical downtime of the product or any associated product and/or equipment and/or component without prejudice for the liability in cases of gross negligence or willful misconduct set forth by the law.
9.5 The Buyer shall indemnify and hold METEOR PISTON S.r.l. harmless from any third party claim or action arising from the use of the Products or from any other act or fact attributable to the Buyer.
9.6 METEOR PISTON S.r.l. shall not be liable for any damages arising from failure to comply with applicable laws and/or regulations in the countries where the products are actually used.
9.7 METEOR PISTON S.r.l. shall not be liable for the actions of Buyers, agents, distributors, and/or dealers in their commercial dealings with third parties, as they act in their own name and on their own behalf.
9.8 In all other cases, METEOR PISTON S.r.l.’s liability shall not exceed the value of the product to which such liability relates.
10. PRIVACY
10.1 Pursuant to Legislative Decree 196/03 and Legislative Decree 101/2018 (implementing EU Regulation No. 679/2016 – GDPR), the Buyer is informed that the data provided will be processed using methods and systems designed to ensure confidentiality and security, and may be disclosed by METEOR PISTON S.r.l. to third parties for the execution of the Contract. Such processing is necessary for the performance of the obligations arising from the contractual relationship and therefore does not require the Customer’s consent.
10.2 METEOR PISTON S.r.l. undertakes to collect personal data solely for the purpose of registering the Buyer and initiating the procedures necessary to execute the order; the data will be processed in compliance with applicable legislation. The Buyer gives consent to the processing of personal data for the fulfilment of the order.
10.3 The Buyer has the right to object on legitimate grounds, as well as to request the updating, rectification, or deletion of their data, by submitting a written request.
11. COMMUNICATIONS
11.1 All communications relating to this Contract must be made in writing.
12. APPLICABLE LAW AND JURISDICTION
12.1 These General Sales Conditions (GSC) shall be governed by and interpreted exclusively in accordance with Italian law.
12.2 For any dispute arising from these General Sales Conditions (GSC), exclusive jurisdiction shall lie with the Courts of Turin and/or Milan, without the possibility of derogation and to the exclusion of any other court.
CABER S.r.l. - GENERAL SALES CONDITIONS
1. DEFINITIONS
For the purposes of these “General Sales Conditions” (GSC), the following definitions shall apply:
1.1 CABER S.r.l.: CABER S.r.l., with registered office in Via Monte Amiata 9/11, 20021 Baranzate – (MI) - ITALY – Tax Code/VAT No. IT00695750158.
1.2 Buyer: Shall mean the Customer.
1.3 Special Conditions: Terms and conditions specifically agreed between CABER S.r.l. and the Buyer.
1.4 Contract: The contract between CABER S.r.l. and the Buyer for the supply of Products based on the Order.
1.5 Order The Order received by CABER S.r.l.
2. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1 These General Sales Conditions govern all supply relationships between CABER S.r.l. and the Buyer. Any derogation (Special conditions) from these General Conditions of Sale shall be considered valid only if agreed in writing.
2.2 The Buyer’s purchasing conditions, if any, shall not affect the validity of these General Sales Conditions (GSC), with which they must be coordinated. In the event of any conflict, these General Sales Conditions shall prevail over the Buyer’s general terms and conditions.
3. FORMATION OF THE SALES CONTRACT
3.1 Sales offers issued by CABER S.r.l. shall remain valid for 30 (thirty) days from the date they are sent to the Buyer, unless otherwise specified. Once this period has expired, the sales offer shall no longer be valid.
3.2 Offers issued by CABER S.r.l. shall not be binding or enforceable until expressly confirmed in writing by CABER S.r.l.
3.3 These General Sales Conditions (GSC) govern the terms of sale between CABER S.r.l. and its Customers (Buyers). The GSC are available on our website (www.caberpistonrings.com); each Quotation and Order Confirmation indicates where they can be downloaded, so that all Buyers may review and accept them. For this reason, the Buyer is required to carefully review the GSC upon receipt of the Quotation, printing, reading, and retaining them before submitting acceptance of the Quotation. Acceptance of the Quotation implies full knowledge and acceptance of the GSC. CABER S.r.l. reserves the right, at its sole discretion, to amend the GSC at any time, without retroactive effect. These General Sales Conditions (GSC) shall apply to every order, unless different clauses (Special conditions) are expressly agreed. In the absence of explicit confirmation by the Buyer within 48 (forty eight) hours from the order issuance date, all conditions described herein shall be deemed accepted.
3.4 All Orders transmitted by the Buyer to CABER S.r.l. in any electronic form — including e mail, telephone, fax, or postal mail — shall be deemed equivalent to written contracts and shall have the same substantive and evidentiary value.
3.4.1 Any Order must clearly refer to the products, information, and data contained in the CABER S.r.l. catalogue or on the website www.caberpistonrings.com. Products, information, or data not included therein, as well as any variations and/or customizations, must be accompanied by approved samples or drawings.
3.4.2 For products manufactured on an MTO (Make to Order) basis, designed and produced according to drawings, technical specifications, or requirements agreed with the Buyer, the Buyer accepts a quantitative delivery tolerance of ±10% (plus or minus ten per cent) compared to the quantities stated in the Order. This tolerance is determined by the nature of the production process and is expressly deemed accepted at the time the Order is placed.
3.5 The Order Confirmation issued by CABER S.r.l. defines and sets forth all final and binding terms and contents of the Contract, including the provisions of these General Sales Conditions (GSC), which form an integral part thereof, and fully replace the Order submitted by the Buyer. Any written or verbal condition shall have no effect unless confirmed in writing by CABER S.r.l.
4. CHANGES OR CANCELLATION OF THE ORDER
4.1 Confirmed orders may not be modified or cancelled without the written consent of CABER S.r.l.; any costs incurred as a result of an authorised cancellation or modification shall be charged to the Buyer.
5. PRICES AND PAYMENTS
5.1 Sales prices are always Ex Works (ICC Incoterms, latest revision), plus VAT, unless otherwise specified in the offer or order confirmation.
5.2 Unless otherwise agreed in writing, payments must be made in Euro (€).
5.3 If the Buyer is not up to date with payments — including those relating to other supplies — delivery terms shall be suspended, and CABER S.r.l. shall be entitled to delay deliveries until all outstanding amounts have been settled by the Buyer.
5.4 Any delay or irregularity in payments shall result in the loss of the benefit of the payment term, with the consequence that all amounts owed to CABER S.r.l., for any reason whatsoever, shall become immediately due and payable.
5.5 The Buyer shall be required to pay the full price of the products even if objections, claims, and/or disputes arise, which shall be addressed only after payment of the amounts due. The Buyer hereby waives in advance any right to offset any credit — regardless of its origin — against CABER S.r.l.
5.6 If, for reasons not attributable to CABER S.r.l., the Buyer or the carrier designated by the Buyer fails to take delivery of the products, CABER S.r.l., after notifying the Buyer, may store the products and charge the Buyer for all related costs incurred.
6. RETENTION OF TITLE
6.1 All goods sold shall remain the property of CABER S.r.l. until full payment has been received.
6.2 One time tooling sharing costs for the construction of new tooling shall be understood as a partial contribution to the total cost of the equipment. It is expressly understood that such equipment shall remain the property of CABER S.r.l..
7. DELIVERY AND SHIPMENT
7.1 All goods are sold EX WORKS Baranzate (MI) – ITALY, in accordance with ICC Incoterms (latest revision), unless otherwise agreed in writing with the Buyer.
7.2 The delivery date indicated in the Order Confirmation is approximate and may be subject to reasonable tolerance. Failure to deliver due to force majeure, or any delays with respect to the delivery date stated in the Order Confirmation, shall not entitle the Buyer to any claims or requests for damages.
8. FORCE MAJEURE AND GROUNDS FOR SUSPENSION OF THE CONTRACT
8.1 CABER S.r.l. shall not be liable for delays, nor more generally for the non performance and/or defective performance of its contractual obligations, whenever such failures are caused by force majeure. Force majeure shall mean any event beyond the will or control of CABER S.r.l., or which is unforeseeable. Such events include, without limitation: natural disasters, wars, revolutions, strikes, acts of public authorities, interruptions in the supply of electricity, etc.
8.2 CABER S.r.l. shall also not be liable for delays and/or non performance and/or defective performance of its contractual obligations to the extent that such consequences derive, directly or indirectly, from: a) breach by the Buyer of payment terms and/or methods; b) actions (or omissions) of the Buyer, including failure to provide the information and approvals necessary to proceed with the sale of the products; c) inability to obtain the materials, components, or services required for the execution of the work and the supply of the products; d) any other cause not directly attributable to CABER S.r.l.
8.3 All circumstances referred to in Sections 8.1 and 8.2 shall suspend the performance of the Contract for the duration of the events causing such suspension. Should the suspension last for more than six (6) months, either party shall have the right to withdraw from the Contract by simple written notice sent by registered letter with return receipt or by certified e mail (PEC).
9 WARRANTY, CLAIMS AND RETURNS
9.1 CABER S.R.L. guarantees the conformity of the Product(s) to the technical specifications submitted to the Buyer in the offer or anyhow before the order, that Buyer acknowledges and accepts by means of its order or its acceptance of CABER S.R.L.’s offer. CABER S.R.L.’s warranty obligations are subject to the condition that the Product(s) has been at all times transported, stored, installed, used, diligently and in compliance with CABER S.R.L.’s instructions.
9.2 In case of materials, workmanship or design defects, the Buyer shall give a detailed written notice thereof to CABER S.R.L. within 8 (eight) days from delivery or - in case of hidden defects - from the date of the defect’s discovery and, anyhow, not later than 12 (twelve) months (say one year) from the date of shipment; in such cases, CABER S.R.L. shall only be bound to repair or replace the defective Product(s).
9.3 The Product(s) for which a defect claim is made by the Buyer shall be kept at CABER S.R.L.’s disposal for possible tests and inspections and parts thereof may be returned to CABER S.R.L., upon CABER S.R.L.’s prior written instruction thereto only and at Buyer’s expense and risk, for reparation or replacement by CABER S.R.L. and shipment to the Buyer at the latter’s expenses and risk.
9.4 A part from what herein set forth, CABER S.R.L. shall bear no other responsibility, in particular any liability for direct, indirect, incidental, consequential damages, including the cost of labor for disassembly and for the purchase of any complementary material and including loss of use, loss of turnover, loss of profit or any other subsequent loss, is hereby expressly excluded, or any other consequential loss arising from the non‑use or technical downtime of the product or any associated product and/or equipment and/or component without prejudice for the liability in cases of gross negligence or willful misconduct set forth by the law.
9.5 The Buyer shall indemnify and hold CABER S.r.l. harmless from any third party claim or action arising from the use of the Products or from any other act or fact attributable to the Buyer.
9.6 CABER S.r.l. shall not be liable for any damages arising from failure to comply with applicable laws and/or regulations in the countries where the products are actually used.
9.7 CABER S.r.l. shall not be liable for the actions of Buyers, agents, distributors, and/or dealers in their commercial dealings with third parties, as they act in their own name and on their own behalf.
9.8 In all other cases, CABER S.r.l.’s liability shall not exceed the value of the product to which such liability relates.
10. PRIVACY
10.1 Pursuant to Legislative Decree 196/03 and Legislative Decree 101/2018 (implementing EU Regulation No. 679/2016 – GDPR), the Buyer is informed that the data provided will be processed using methods and systems designed to ensure confidentiality and security, and may be disclosed by CABER S.r.l. to third parties for the execution of the Contract. Such processing is necessary for the performance of the obligations arising from the contractual relationship and therefore does not require the Customer’s consent.
10.2 CABER S.r.l. undertakes to collect personal data solely for the purpose of registering the Buyer and initiating the procedures necessary to execute the order; the data will be processed in compliance with applicable legislation. The Buyer gives consent to the processing of personal data for the fulfilment of the order.
10.3 The Buyer has the right to object on legitimate grounds, as well as to request the updating, rectification, or deletion of their data, by submitting a written request.
11. COMMUNICATIONS
11.1 All communications relating to this Contract must be made in writing.
12. APPLICABLE LAW AND JURISDICTION
12.1 These General Sales Conditions (GSC) shall be governed by and interpreted exclusively in accordance with Italian law.
12.2 For any dispute arising from these General Sales Conditions (GSC), exclusive jurisdiction shall lie with the Courts of Turin and/or Milan, without the possibility of derogation and to the exclusion of any other court.