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, declare to know the technical, functional and aesthetical features of the ordered products, and to consider them suitable to their use. They commit themselves to follow the correct usage methods.
1.bis – Metal Loss Policy
Following are the official metal loss percentages applied by Legor |Master Alloy|:
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. Legor makes a quote before the order, which is valid for a maximum period of seven days, unless otherwise specified. If the quote is for products containing precious metals, prices may change anytime in relation to fixing. When accepting a Quote, Customers commit to abide by the “Main Sales Terms” specified on every Quote and Order forms.
3 – Prices
The final prices are specified in the Order form and, unless otherwise specified, are expressed in Euros and do not include VAT. For those products that contain metal whose price is based on fixing, the final price is composed by 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, are not included and will be charged to the Customer. The prices do not include any customs duties and export taxes nor any other expenses Customers may incur to.
Customers are required to pay within the terms indicated in the Order Confirmation. Unless otherwise specified, for products composed by precious metals (Silver, Palladium, Platinum, Rhodium, etc.) payment is in advance. If Customers don’t settle the payment within the agreed terms, interests in arrears as per Legislative Decree 231/02 and subsequent modifications, will be applied by default after 10 days. Legor, in any case, reserves the right to 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 2020. Unless otherwise specified, delivery is Ex-Works (EXW), from Legor Group S.p.A. Headquarters based in 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 Legor’s control, after 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.
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 does not match the order confirmation, neither shall the contract be considered rescinded, nor payments suspended, the supply will 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 read and acknowledge. Unless differently specified in the Order or in the package of the product, warranty shall last as established by law, for products under normal and proper storage conditions. Legor shall not assume any liability for any direct or indirect damage related to the usage of the products.
8 – Improvements
Legor 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 Legor relationship with Customers, including debt recovery actions performed by Legor. Supply 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 the UE Regulation 2016/679 (GDPR) and with Italian Legislative Decree n. 196.