These General Conditions of Supply, unless differently provided by written agreement between the Parties, are applicable to all the orders reached and confirmed by Legor Group S.p.A., and are an integral part of the above mentioned orders.
1 – Product features
Customers, by making a purchase order, declares to know the technical, functional and aestethical features of the ordered products, and to consider them suitable to their use. They committ themselves to follow the correct usage methods.
2- Orders and order confirmations
The reception of the Order is at complete discretion of Legor. The contract shall be deemed entered after it has been registered by Legor. When Legor makes an offer before the order, the offer shall be deemed valid for a maximum period of seven days, unless otherwise specified. The above mentioned validity is not intended for those products whose quotation refers to the metal price fixing at the moment of the Order Confirmation made by the Customer.
3 – Prices
The prices are indicated in the Order and, unless otherwise specified, are expressed in Euros and do not include VAT. For those products that contains metal exposed to price fixing, the final price shall be composed by summing the manufacture cost (fixed) and a variable cost that depends on the metal price fixing at the time of the Order Confirmation. Packaging and shipping costs, unless otherwise specified, shall be deemed not included and at the expense of the Customer. The prices do not include any customs duties and export taxes.
Payment of the price of the products shall be made by the Customers within the terms indicated in the Order Confirmation or, in the absence of specific directions: for products composed by precious metals (Silver, Palladium, Platinum, Rhodium, etc.) payment in advance, for the other products, payment at delivery. In case of delay by Customers to pay due by the same within the deadlines agreed in the invoice, the Customers agree, with no need for any express placing in default, the charge, after the first 10 days, of the interests in arrears as per Legislative Decree 231/02 and subsequent modifications. Where Customers have outstanding debts, 8,00 Euros shall be charged for outstanding payment to cover the related costs. Legor, in any case, can suspend the execution of the ongoing orders, for financial reasons due to the Customer's credit rating, up to the full payment of overdue supplies, without any penalties or possibility for the Customers of renouncing the supply.
5- Transportation and delivery
Unless agreed differently, the products are transported according to Incoterms 2012. Unless otherwise indicated, delivery is Ex-Works (EXW), from Legor Group S.p.A. plant of Bressanvido – Vicenza (Italy). In case of delivery EXW outside the EEC, 50 Euros of administrative costs per order shall be charged. Delivery terms, unless expressly considered to be essential, are always approximate. In case of failure by Customer to collect the products, or by Legor to deliver the products due to circumstances beyond its control, after the first 10 days Customers shall pay, in addition to the total price, an extra amount equal to 0,5 % of the total price of the products not delivered. Furthermore, extra shipping rates may be charged by the carrier.
6 – Disputes on deliveries
Customers shall make claims over quantity or integrity of packages or products directly to the carrier when delivering, by writing “accepted with reservation” on the delivery note. Any apparent defect on the products delivered shall be reported to Legor in writing, with registered letter including photographs of non-compliance, within 8 days of receipt of the products. In case the amount of the products do not matches the order confirmation, neither shall the contract be considered rescinded nor payments suspended, but the supply must be completed with the missing products. Unless differently agreed, Customers agree to accept a quantitative tolerance of 5 % of the total amount of the products delivered. Legor shall authorize the restitution of the products in any case. Customers agree not to use faulty products, and to promptly advise whether objections have been made by third parties.
7 – Warranty and contract liability
Warranty on Legor product quality is given according to the information included in the technical chart of the products, which Customers agree to be familiar with. Unless differently indicated in the Order or in the package of the product, warranty shall last as established by law, for products under normal storage conditions. Legor shall not assume any liability for any direct or indirect damage related to the usage of the products.
8 – Improvements
Supplier reserves the right to provide the products with technical and/or aesthetic improvements, without modifying their fundamental characteristics and their usability according to the specifications
9 – Confidentiality
Customers undertake to maintain the strictest confidentiality in relation to any confidential information received by Legor throughout the duration of the contract and for 3 further years from the latest delivery of each product, unless the information is currently in the public domain.
10 – Industrial and intellectual property rights
The purchase or direct or indirect usage of the products shall never grant the Customers any industrial or intellectual property rights. Such rights belong to Legor.
11- Adoption of Organization, Management and Control Model according to Legislative Decree 231/2001
Legor Group S.p.A. adopted an Organization, Management and Control Model which includes an Ethical Code, which can be consulted at www.legor.com, where reference is also made to the related Supervisory Committee. Violation of the laws and procedures included in the Model shall authorize Legor to legitimately terminate the contract according to art. 1456 of Italian Civil Code, and to charge the related penalties and claim the right to compensation for damages.
12 – Competent court
The Tribunale di Vicenza (Court of Vicenza) has exclusive jurisdiction over every litigation that may arise out of the supplier relationship, including debt recovery actions performed by Legor. Supplier relationships, in any case, shall be regulated by the Italian law.
13 - Informative about personal data processing according to Legislative Decree n. 196/2003
Legor Group S.p.A., based in Bressanvido – Vicenza, Via Del Lavoro n.1, as business owner, shall process data referring to the Customer, in electronic form or in writing, according to the principles of lawfulness and propriety and in compliance with Legislative Decree n. 19