General sales conditions of Trafilplast srl
March 2026 edition
1. SUBJECT
These terms of Sale and Delivery shall apply to sales contracts and supplies contracts (hereinafter referred to as “Contract products”). General conditions of purchase of the buyer shall not apply to these contracts. The Customer provides the Supplier with specific written orders including features of the required product, its price and terms of delivery. Orders shall be binding on the Supplier only after having received a written confirmation from the Customer.
2.PRICE LIST
Prices applied for each sale are those applicable on the date of the order. Prices do not include packing costs, delivery prices, insurance costs and any further charges (fees, taxes, etc.). Rates may vary with immediate effect, without prior notice. All payments shall be made in Euros.
3. ORDER
Any order shall be valid only if prepared at the currently valid costs of material and wages. Orders shall be binding on Trafilplast srl only after having received a written and signed confirmation from the Customer. Articles, measurements, quantities and colours shall be checked by the Customer, who accepts full responsibility.
The customer undertakes not to place orders, which the seller will not accept, that would be used for the sale, export, or re-export, directly or indirectly, to the Russian Federation or for the Russian Federation, Belarus or for Belarus of any goods supplied under or in connection with this agreement that fall within the scope of Council Regulation (EU) No. 833/2014 of July 31, 2014, and Council Regulation (EC) No. 765/2006 of May 18, 2006, as amended. The seller is obligated to supply the buyer only to the extent that the supply and/or use of the object of the contract does not violate EU and US export control laws. In case of export control law violations, the seller will terminate all ongoing orders with immediate effect without incurring any liability and/or damage claims and/or penalties. The buyer irrevocably commits to observing Regulation (EU) 2021/821 of May 20, 2021 (EU Regulation on dual-use items) as a mandatory rule. The buyer acknowledges that the seller must immediately cease any negotiations if the subject involves dual-use products under the above Regulation. In such cases, the seller cannot be considered in breach of good faith in negotiations, even pre-contractual ones. If the seller intends to accept the order, it shall only do it by sending its order confirmation containing all conditions of delivery and within three weeks of receipt. Otherwise, the order shall be deemed not to have been accepted.
4.INFORMATION AND STRUCTURAL FEATURES
All measurements and capacities of the goods quoted in all offers and order confirmations shall be considered as approximate. In particular, no goods can be rejected in execution of the contract, objecting the application of changes which have been introduced after the conclusion of the contract. The Supplier shall not be required to amend products after the order. The data and technical specifications in the catalogue can vary without notice. They are indicative and may be
subject to change. For printing effect, the colours in the catalogue may not fully correspond to reality. We decline any responsibility for printing or photographic errors.
5. CUSTOM PACKAGING
Any supply request in customized packaging will be subjected to surcharges.
6. SHIPPING
Shipping is regulated by Incoterms 2020. Sales are concluded under FCA.
7. DELIVERY
Unless otherwise agreed, the delivery of the Contract products takes place at the premises of the
Supplier. The period of delivery shall start from the date on which the Supplier has received the signed order confirmation. All delivery dates shall be noncommittal. The period of delivery shall be stipulated for each individual case upon placing of the order. Potential delays shall not be eligible for refunds, compensations or cancellation of the transaction. The Supplier shall not be liable for delays caused by force majeure, including claims, machine faults, strikes, lack of raw materials supplying, etc. On transferring the goods, the Customer assumes responsibility for risks inherent to Contract products. If the Customer does not take charge of the Contract products within 7 days following their readiness, risks shall pass over the Customer upon receipt of the report of Supplier’s readiness to dispatch the Contract products and the costs of custody are at the complete charge of the Buyer. Once the deadline of 7 working days, mentioned above, expires, the order is deemed automatically cancelled. The Supplier has to send a written communication of the contract resolution that has to be sent by certified letter or equivalent, notwithstanding the right to compensation for any damage incurred.
8. PAYMENT
All payments shall be made by advanced bank transfer at the time of order.
9. DELAY OF PAYMENT
In case of delay in payment caused by the Customer, the legal rate of interest calculated, based on
Legislative Decree n. 231/2002 and subsequent amendments, will be charged. Until all outstanding
amounts including dunning costs and default interest have been paid, the Supplier shall not be obliged to make any further delivery under current orders.
10.WARRANTY
The Supplier shall give a warranty period of 12 months as of the date the goods are delivered.The Customer shall check the Contract products at the moment of delivery, in the presence of the carrier, to verify whether there are damages or shortfalls. In such circumstances, the Customer shall affix “Subject to SPECIFIC control” on the carrier document. The document can be both printed or electronic, in both cases the Customer shall be accurate with the goods unchecked, for example damaged goods, unwrapped goods, broken goods, etc. The Customer shall take photos of damaged
goods and promptly report it to the Supplier. The Customer will not be able to file a claim for allunchecked goods received with general control. Any flaws or defects will not imply the contract
resolution or the right of the Customer to claim compensation. In case of damages, if not required
by mandatory law, the Supplier’s liability is excluded.
11.CONDITIONS OF WARRANTY APPLICATION
Any defects must be reported within seven (7) days from their discovery. Otherwise, the Customer shall lose his warranty rights if:
a. He receives goods, does not check them and does not promptly report it to the Supplier;
b. The price is not paid within the timeframes agreed;
c. Terms and Conditions provided by the Supplier are not complied with;
d. Contract products are modified without the approval of the Supplier or repaired by third party, unrelated to the Supplier’s assistance.
In case of valid communication under warranty, the Supplier will exclusively replace the product recognized as defective, that has to be returned to the Supplier in its original condition, intact and undamaged. In the event of complaints or returns, the Customer shall not be allowed to suspend pending payments.
12.RESTRICTION TO THE USE OF TERMS AND CONDITIONS
The Customer shall not use purchased Contract products for any use other than its intended use.
Any responsibility arising from the improper use, even if permitted by the Supplier, shall be borne
exclusively by the Customer. Non-compliance with this prohibition implies the immediate expiry of the right to the warranty of the Customer.
13.TOLERANCES
Any measurements and capacities of the goods shall be considered as approximate. They may vary
as shown in Table DIN 16491-3B and 16491-4B. The weight of the products is never binding.
14.RESERVATION OF TITLE
In case of deferred payments, the Supplier has the right to retain title to the goods until the purchase
price has been paid in full. Despite the reservation of title from the Supplier, any risk on goods shall be assumed by the Customer from the conclusion of the contract. This reservation shall be affixed on all Supplier’s invoices of subsequent deliveries and registered on all accounting entries where the good is intended to move further.
15.GOVERNING LAW AND COURT Of JURISDICTION
Any disputes arising out of or in connection with these Terms of Sale and Delivery (Agreement), shall
be subjected to the exclusive jurisdiction of the city of Turin Law Court, excluding other Law Courts.
For any doubt and/ or interpretation relating to these Terms of Sale and Delivery (Agreement),only the Italian Law is binding, excluding other Laws or International Conventions.