The General Terms and Conditions apply to all services and products provided, supplied and sold by SOLPAKUTEC INDUSTRY DP (hereinafter referred to as “Solpakutec”) to the customer or purchaser.
Deviating provisions shall only apply if they have been expressly agreed in writing between Solpakutec and the customer. By completing and sending the order for the relevant products, the customer accepts these terms and conditions.
Special or general contractual conditions that contradict these GTC are not accepted by Solpakutec and have no validity in the relationship between Solpakutec and the customer. Individual agreements take precedence over these GTC.
2. Conclusion of contract
The contract between the customer and Solpakutec is concluded by agreement or informally by delivery of the products. The content and scope of the service are defined in these GTC or in any individual agreements.
Unless limited in time, offers are always subject to change until the conclusion of the contract, in particular with regard to prices, delivery obligations, quantities and times. 3.
Prices are quoted in euros. The list prices of Solpakutec valid on the day of delivery are decisive.
The place of performance for deliveries is the registered office of Solpakutec. The transport risk is transferred to the purchaser when the goods are handed over to the post office or parcel service, to the forwarding agent or carrier, but at the latest when the goods leave the company premises. The packaging and postage costs shall be borne by the buyer. 5.
5. Delivery dates
Specific delivery dates are not agreed in principle. Specified delivery times are for orientation purposes only. The customer is obliged to accept the delivered goods.
If Solpakutec cannot fulfil its delivery obligations due to operational disruptions, shortage of labour, strike, failure to deliver itself, fire damage, armed conflicts, official decrees, significant changes in currency conditions or as a result of force majeure, it shall be released from its obligation to perform. The purchaser can only derive a claim for damages from late or delayed delivery if Solpakutec can be charged with intent or gross negligence. If Solpakutec should be obliged to pay damages, the amount of liability is limited to the net invoice value. Loss of profit, consequential harm caused by a defect and damage to third parties will not be compensated.
Unless otherwise agreed in writing, the invoice amounts are payable within 10 days of the invoice date at the latest, net cash, postage and expenses paid. The buyer is not permitted to offset payments against any counterclaims. After the period of 10 days, the purchaser falls into arrears. Solpakutec shall charge the purchaser interest on arrears amounting to 5% of the purchase price, subject to the registration of further rights. The default of the purchaser occurs when the time limit is exceeded, without the need for a reminder.
7. Warranty and liability
Solpakutec guarantees that the sales products are handed over free of material and legal defects. Any defects must be reported to Solpakutec immediately, at the latest within 14 days, in writing or via the contact form. Solpakutec is not liable for damage to the products after delivery due to non-observance of Solpakutec’s operating or care instructions. The purchaser is responsible for proving that the goods were defective at the time of delivery.
If the purchaser asserts justified warranty claims, Solpakutec may, at its discretion, either rectify or repair the defect, refund the purchase price or deliver replacement goods. Further claims due to defective delivery, in particular claims for damages including loss of profit, or due to other pecuniary loss of the purchaser, are completely excluded, unless the defect has been remedied by Solpakutec.
completely excluded, unless the cause of damage is based on intent or gross negligence on the part of Solpakutec.
The customer is responsible for the use of the products and services as well as the combination with other products, namely with IT or electrical devices and systems. He shall exercise the necessary care and observe all instructions of the manufacturer and the supplier. The customer is obliged to pass on all information relevant to safety to the users in an appropriate form.
If the documentation is not included in the scope of services, the customer may obtain it in the usual form against compensation. If the customer requires documentation in special forms or in languages not available, this shall be agreed separately. Deviations in the documentation, namely in descriptions and illustrations, are permissible provided that the documentation fulfils its purpose.
The customer is responsible for compliance with all relevant domestic and foreign export regulations.
11. Applicable law & Place of jurisdiction
The GTC and the legal relationship between Solpakutec and the customer are subject to Italian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the registered office of the seller.
Should individual or several provisions of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions.