The contract signed on the 20th of December 2019 between “Sematic Hungaria Kft” and “Gasparini Industries srl” is governed by the following general conditions and, as regards matters not explicitly provided for, by the attached Order Confirmation. Technical specifications and configuration of the machine are detailed in the Order Confirmation and in the technical data sheet. Different conditions are not accepted unless expressly agreed in writing between the parties.

The delivery term is valid provided the contractual obligations the Buyer is subject to are fulfilled.
The delivery term shall be understood as approximate in favour of the Seller and in any case with a reasonable margin of tolerance.

Any amount due for any reason to the Seller shall be understood as net at the Seller’s premises.
The payment obligation shall be deemed fulfilled by the Buyer when the payment is credited to the Seller’s current account.

The machinery remains the sole property of the Seller until full payment by the Buyer has been received.

The procedures governing machinery installation and commissioning are stipulated in the above mentioned contract, already signed between the parties.
The supply of cranes and forklift trucks for handling at the installation site shall be borne by the Buyer.
The commissioning of the machinery shall be deemed successfully performed should no fault of conformity be specifically reported in writing in the installation report. If the machinery cannot be operated for reasons not attributable to the Seller, it shall be deemed unconditionally accepted without reserve.

The Seller guarantees the proper operation of the machinery sold, with effect from commissioning of the same for a period of twelve (12) months or for a maximum of 2,000 hours of work, whichever occurs first, after which the warranty expires unless stated otherwise in the Order Confirmation. The warranty cannot in any case exceed fourteen (14) months from the established date of delivery according to the delivery terms stated in the Order Confirmation.

The supply of spare parts and technical service shall be assured, where applicable, provided that the contractual obligations the Buyer is subject to have been fulfilled.
In case of lack of conformity (and/or machine’s defect), the Seller shall solely be bound to repairing the machinery and the Buyer shall not be entitled to claim compensation for any eventual damage.

Such a warranty excludes any other responsibility of the Seller due to lack of confirmity and defect of the machine.
During the warranty period the Seller may, at its option, repair or replace, free of charge, defective parts with new parts or equivalent to new.

The warranty does not include:

1. Failures due to negligence, tampering, repairs, modifications performed by the Buyer without the Seller’s written consent.
2. Failure due to improper use of the machinery by the Buyer.
3. Failure due to non-compliance by the Buyer with the rules laid down in the instruction manual or the general rules of common sense in the field of machine tools.
4. Parts which by their very nature are subject to wear.
5. Customs duties and any other tax and/or administrative charges.
6. The expenses related to the shipment of the faulty spare parts to be replaced and/or repaired, from the customer to Gasparini Industries srl

The above mentioned (art.1) contract is governed by the Convention on the International Sale of Goods, Vienna, 1980 (CISG).