296 GENERAL AND SPECIAL SALES CONDITIONS Preliminary Statement The current general Sales and Delivery conditions will be considered accepted, without reserve, when the Customer will receive the Order Confirmation. The Customer, therefore, has to waive his general purchase conditions, which might be mentioned on his commercial documents, especially on the order forms. Only in case of exceptional circumstances, an exception can be made, if accepted in writing by Orlando srl and if requested when stipulating the contract. 1.1 The orders and obligations agreed upon with authorized trade agents or dealers will only be valid under approval of Orlando srl or after receiving the order confirmation from the Supplier. 2.1 Each purchase order will be confirmed before the delivery to give to the Customer the opportunity to check the conformity. When the Customer receives the Order Confirmation, he will have to indicate possible discrepancies, either approve the document by return. Possible inconsistencies will have to be reported within 2 working days from the receipt of the same Order Confirmation. In case no comments will be received by return within that delay, the Order Confirmation will be considered as accepted. Complaints after delivery date concerning the non-conformity of the Confirmation and the Supply will not be taken into consideration. 3.1 All orders are supplied on “EX WORKS” basis, unless agreed upon differently. 4.1 Seller’s prices are valid according to mentioned validity; however, they could be adjusted at any moment and without notice according to external market conditions. Net prices shown in Offers and Order Confirmations have to be considered VAT excluded. 5.1 Costs and risks of travelling goods are disciplined by INCOTERMS® 2020. Out of this specific scheme, insurance coverage will only be carried out upon specific request of the Customer and the costs will be borne by the Customer, except if differently agreed upon. The beneficiary of the insurance policy will be the Customer and/or a third party, if sales are made under a guaranteed payment term. 6.1 Readiness dates in the Order Confirmation are indicative and they do not constitute any obligation for the Supplier. If the Customer asks for a fixed delivery/readiness date, or delivery in a specific week or “n°... days from order’s date”, on the purchase order, Orlando srl will check if it is possible, attesting the result in the Order Confirmation. In case of need of additional information from the Customer, the procedure will be considered as kept on hold until complete information will arrive. No penalty or compensation can be requested for a delayed delivery, except if differently agreed upon at the acceptance and undersigning of the order/contract by both parties mentioned as “special condition”. The dates shown in the Order Confirmation have to be considered as departure date from the warehouse. 6.1.1 The Seller shall not be liable if delayed or prevented from delivering the products, or otherwise fulfilling any of its contractual obligations, due to any cause or circumstance beyond its reasonable control, including, for instance but not limited to epidemic and/or pandemic events, natural events, storms, embargoes, natural disasters, acts of war or terrorism, sabotage, acts of governmental or regulatory authorities, strikes or other industrial disputes, court orders, delivery failure of the Seller’s suppliers. In case of an event consisting of force majeure, Seller’s obligations, which cannot be satisfied due to this reason, will be automatically extended by a duration equal to the continuation of the state of force majeure, it is understood that such extension will not come out as penalties to be paid by the Seller. 7.1 The packing of the goods is solid, sealed and carefully checked when leaving the warehouse. When goods arrive at destination, in case they are evidently incomplete, evidently broken or evidently unduly opened, the delivery must be accepted by the Customer under reservation, sending pictures of the damage and specifying what the reservation consists of. The information must be immediately sent to Orlando srl to the address aftersales@orlando.it to further notify the forwarding agent. If no reservations will be specified at time of arrival for evident issues, no complaints will be later accepted. In case of hidden damages, the Customer has to notify the Seller in maximum 7 days, sending the most accurate information to the address aftersales@orlando.it 8.1 Before the products are sold, they are tested according to the standard test procedures under manufacturer’s responsibility.
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