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Sales Conditions

1) CONSTITUENT ELEMENTS FORMING OUR TRADE AGREEMENT
These general sales conditions govern sales arrangements and conditions of products and/or accessories and/or services (hereafter
‘Products’) supplied by Esseoquattro Spa (henceforth referred to as the ‘Supplier’).
All contracts concluded by the Supplier are therefore governed by these sales general conditions, which form an integral part of every
Supplier’s proposal, order and order confirmation (hereinafter referred to as ‘Customer Commitment’) to any legal or natural person interacting with the Supplier, hereinafter referred to as the ‘Customer’.
Le presenti condizioni generali di vendita non sono modificabili ne derogabili tra le parti se non per iscritto.
These conditions supersede any previous agreement on the same subject between the Supplier and the Customer.
These general sales conditions shall govern all contracts concluded between the Supplier and the Customer from 01/01/2024 to 31/12/2024 and shall be
tacitly renewed year by year, unless new general sales conditions are signed before 31/12 of the year preceding
the reference year

2) CONTRACT CONCLUSION
With the aim of concluding the contract, the Supplier makes an offer, which is sent to the Customer per email. If the Customer accepts the offer, the Supplier draws up the CUSTOMER COMMITMENT (hereinafter referred to as the ‘CC’), which is sent to the Customer, who sahll be responsible for checking the accuracy of the data indicated therein and promptly notifying the Customer of any inaccuracies.
If nothing is notified by the Customer to the Supplier within two days after having received the CC, the order shall be deemed accepted and the contract concluded.
In that case, the delivery will be made operational, without the need to receive further notifications by the Supplier.
It is understood that the acceptance, even tacit, of the offer and/or CC by the Customer shall always be deemed to include these general sales conditions.
Should the CC’s acceptance be conditional, i.e. should it be received by the Supplier after the expiry of the commitment validity period, or should it not fully comply with the commitment content itself, it shall be in the nature of a counter-proposal.
If the Customer, after having accepted the CC, requests changes in terms of product quantity, quality, measurements or technical characteristics, these will be renegotiated. In any case, changes or additions occurring after having accepted the CC will require to issue and sign a new commitment replacing the original one.
In any case, every sales contract shall be concluded at the Supplier’s premises.
In the event of any any discrepancy between the provisions contained in the CC and those contained in these general sales conditions, the CC shall prevail.


3) COMPLAINTS, CLAIMS AND RESPONSIBILITY

Upon product receipt, the Customer shall verify the integrity of the packages and the quantitative and qualitative correspondence with what is reported in the accompanying document.
In the event of discrepancies, differences, anomalies or damage, it shall be the Customer’s responsibility to sign the transport document ‘subject to control’ by noting the reason and precise condition of the goods and having the carrier sign it.
An initial summary notice of this situation must be given within 24 hours by writing an e-mail to uff.spedizioni@so4.it.
Within 5 days from product receipt, the Customer must report any defects found by means of a written notice, including photographic documentation, under penalty of forfeiture of their rights in this respect.
Complaints must be sent to the Supplier within 5 days from the delivery date of the goods, after which the Supplier will not accept complaints concerning the conformity of the products with the order or obvious defects.
Complaints must be formulated in detail in writing, expressly stating the nature of the defect found, the article code and the complete batch number in the outer box and enclosing photographic documentation, as well as keeping samples of the disputed goods available.
The Customer must check the conformity of the products received with the suitability declarations, as well as check the suitability of the material received for its application before use.
The Supplier declines all liability regarding the use of the goods supplied for uses not specifically envisaged in the food suitability declarations and/or technical data sheets relating to the product supplied.
Main rules of use of the products are illustrated and reported in the Supplier’s communication systems (websites, brochures, etc.) in order to facilitate the user in the conditions of use according to the features of the product itself.
The Customer shall disseminate these indications to product recipients.
No complaints shall be admissible if, as a result of unsuitable storage by the Customer, goods undergo changes or, in any case, become even partially unsuitable for their intended use.
Any complaints do not entitle the Customer to suspend expected contractual payments. Unless otherwise agreed, any returns are to be agreed and made in the original packaging.


4) SAMPLES

Samples sent by the Supplier are only indicative of the product quality offered by the Supplier. Any differences between the product received and the sample(s) cannot give rise to complaints, unless ‘as sample’ is expressly stated in the order commitment.


5) STORAGE CONDITIONS

Goods are delivered by the Supplier to the Customer or carrier packed in cardboard boxes that are placed on pallets, preferably EPAL pallets. Products are protected with secondary packaging (paper/film) to ensure compliance with the principles of hygiene and safety for food use (also depending on their primary packaging).
A label identifying pallet content and an item sample is affixed on each pallet for faster product identification.
In case of discrepancy between these two elements, the label shall always prevail.
EPAL pallets must be returned during exchange in the same condition they were delivered.
If EPAL pallets – owned by the Supplier – are not returned, or are returned damaged, they will be charged to the Customer in the invoice at the market price, as communicated by the Supplier to the Customer each time.
Goods must be stored by the buyer in their original packaging under the following conditions:
– Constant temperature between 8 °C and 30 °C;
– Stored in a place that is protected from sunlight, solvent and gas fumes, or radiation at high concentrations;
– In a dry place;
In any case, specifications described in the technical data sheet must be respected. Pallets can be stacked up to a maximum height of 240 cm as long as it’s safe to do so.
Partially used packages should be resealed or stored in such a way as to protect the goods from external factors such as air, dust, heat, etc. The warehouse premises and storage arrangements must ensure compliance with the hygiene regulations for products intended for direct food contact.


6) DELIVERY TIME LIMITS

Any delivery time limits specified in the customer commitment are purely advisory and run from the time when the Customer returns the signed commitment, if returned (provided that the returned commitment is consistent with the one sent by the Supplier) that is two days after CC’s receipt by the Customer (if the customer, after having received the CC, doesn’t notify anything to the Supplier).
Delivery time limits may vary depending on logistical and transport requirements (in all cases, the Customer will be informed of such circumstances).
In case of delay in approving confirmations, shipping dates may be delayed depending on the reorganization of the production schedule.
The supplier undertakes to notify the new delivery date within 2 working days.


7) REASONS OF FORCE MAJEURE

Plant breakdowns, absence of more than 10% of personnel and Supplier’s objective difficultie in procuring raw materials are recognised as valid force majeure when such difficulties are attributable to external factors and not due to Supplier’s negligence.
In the event of any cause of force majeure, the Supplier reserves the right to vary the delivery time limits and/or completely or partially cancel orders in progress, even if these have already been confirmed.
The Customer acknowledges that any delivery delays shall not give rise to any right to compensation for damages for the Customer, who shall only be entitled to cancel orders related to products not yet in production.


8) TECHNICAL CHARACTERISTICS OF PRODUCTS

Price lists, catalogues, leaflets and brochures illustrating our products are purely advisory. Any detailed technical aspects can be requested and will be explained in accordance with current legislation.
The material used to manufacture our products complies with the existing regulations, particularly in terms of aspects relating to contact with food. The Supplier declares to be complying with Italian and European regulations on GMP, as well as to be keeping documents relating to any declarations of compliance and specifications mentioned at its premises.
In particular, the regulations of Ministerial Decree 17/03/1973 as amended and supplemented are complied with when the product is intended for food contact, as well as EU regulations 1935/20024 and 2023/2006.
All Supplier’s products bear marks and codes complying with existing regulations along the packaging and/or inside bag gussets.
Alternatively, this information is made available through other means.
8.1. Upon Purchaser’s request sent by e-mail to qualita@so4.it, the Supplier undertakes to send product technical documentation.


9) TESTING
Our organisation carries out necessary tests and trials to ensure the product’s compliance with food contact according to existing legislation and intended use.
For any further tests in addition to what is stated, the Customer must show our company all regulations and directives that the product must comply with, as well as clarify which tests must be performed on the product in order to be able to identify the appropriate production methods to fullfill the stated requirements.


10) PRODUCT WEIGHT TOLERANCE

Esseoquattro uses raw materials that have been bought from qualified suppliers. The weight and technical weight specifications are those declared by suppliers themselves.
Esseoquattro undertakes to carry out cyclical spot checks on materials received from its suppliers.
A tolerance of 5% is allowed for the size, weight and quantity of products manufactured through processing activities.


11) TRANSPORT
Unless otherwise agreed upon in writing, products are considered to be sold free at destination. The Supplier undertakes to carry out the transport to the Purchaser’s plant or to another place agreed upon by the Parties, using trustworthy carriers/shippers.


12) PAYMENT METHODS, TIME LIMITS AND DELAYS
Payment methods accepted by the Supplier:
– bank transfer
– bank receipt
Payments shall be made each time within the time limits indicated in the Customer Commitment.
In case of payment delay, the debtor shall be liable for interest for late payment on overdue receivables, in accordance with Legislative Decree No. 231 of 9 October 2002, and the Customer shall forfeit the time limit benefit with respect to supplies subsequent to the unpaid one.
In the event of non-payment, the Supplier reserves the right to suspend ongoing supplies.
If a bank receipt is overdue, a flat rate of EUR 10 will be charged for bank and secretarial fees, plus interest for late payment.


13) PLACE OF JURISDICTION, ARBITRATION CLAUSE, APPLICABLE LAW, GOVERNING LANGUAGE
For all disputes – none excluded – relating to sales contracts between the Supplier and the Customer, the Tribunale di Padova (Padua District Court) shall have jurisdiction.
Prior to commencing a legal dispute, the parties shall attempt to settle the dispute amicably, alternatively through the mediation or assisted negotiation procedure under existing legislation.


14) PRIVACY POLICY ACCORDING TO ARTICLE 13, LEGISLATIVE DECREE 196/2003
The personal data provided by the Customer, or otherwise acquired as part of ESSEOQUATTRO SPA’s activity, will be processed in accordance with Legislative Decree 196/2003. 196/2003. Handling implies data collection, recording, organisation, storage, processing, modification, selection, extraction, dissemination and deletion.
Esseoquattro declares that the data will be processed to carry out the contract and will not be disclosed to third parties. In relation to the provided data, the Customer may exercise their rights set out in Article 7 of Legislative Decree 196/2003 – confirmation of data existence, origin, purpose, updating, cancellation, right of opposition.
The Customer shall contact the personal data processing controller at the ESSEOQUATTRO SPA company, Fraz. Camazzole 1/A, 35010 Carmignano di Brenta (PD), Italy, in order to exercise these rights.