These general conditions of sale are systematically sent or delivered to purchasers to enable them to transmit their orders. Consequently, passing an order to BETT SISTEMI entails the purchaser’s full acceptance of these conditions of sale, with no reservations whatsoever, with the exclusion of any further documents such as catalogues or brochures published by the seller, supplied strictly for information purposes and having a purely indicative value; this shall apply regardless of any provisions to the contrary shown in the client’s order forms. Any conditions other than those relating to the specifications of those parts to be made to measure (customised) established by the purchaser shall therefore - unless expressly approved - be unenforceable on the seller, regardless of the time or moment they are communicated.
Only the specifications of the parts to be customised can supplement these general conditions of sale.
Any failure on the part of the seller to enforce any of the following provisions at any time shall not be construed as a waiver of any right at any future time.
The order must be transmitted by the client in writing to BETT SISTEMI. Any telephone orders shall therefore need to be confirmed in writing by the client within 24 hours of the call. A failure to do so will cause the order not to be taken into consideration. The contract of sale will be considered valid and therefore perfected and definitive only upon acceptance of the order by BETT SISTEMI. As evidence of acceptance by BETT SISTEMI, the latter shall send the client an order confirmation.
Any changes by BETT SISTEMI to clients’ Orders, shown in the confirmation letter sent to the client, shall be considered accepted by the same should the client fail to send any written observations within 24 hours.
Orders for an amount below 40 Euros, VAT not included, will not be accepted excluded.
Any changes or cancellations of the order requested by the client will be taken into consideration only where made in writing, and received prior to dispatch of products (standard products) or to the start of production (customised or made-to-measure products) and if expressly accepted by BETT SISTEMI via fax, to be sent to the client within 24 hours of the request for change. Should any of the conditions not be complied with, the products initially ordered shall be delivered as originally agreed and shall have to be paid for.
All prices shown in our catalogue are to be intended as non-inclusive of VAT. Value added tax at the applicable rate and transport expenses shall therefore be added.
Unless otherwise agreed, products are sold at the price applicable at the time of the order. The prices of products mentioned in the catalogue are those applicable at the date of publication of the aforementioned catalogue, shown on the back of the cover. Prices may be changed at any time.
Parts already in stock at the time of the order acceptance may be available or dispatched within the maximum time-limit of 72 hours (3 working days) as of acceptance. As for parts in the catalogue that are not in stock at the time of acceptance of the order or for special parts, an indication of the lead time will be communicated at the time the order is accepted.
Delivery terms are purely indicative and under no circumstances will clients be entitled to claim indemnifications for delays, compensation for losses, or will amounts be withheld or outstanding orders be cancelled, whatever the cause, the extent or the consequences of the delay.
BETT SISTEMI shall be exempted from the delivery obligation in the case of force majeure events such as, by way of example and not limited thereto, wars, riots, fire, strikes, natural disasters, impossibility to receive supplies.
Unless otherwise agreed, the products shall be delivered directly to the client, at the works of BETT SISTEMI in Correggio 42015 (Italy) or to the carrier chosen by BETT SISTEMI or the same client.
Products are sold ex works Correggio 42015 Italy (works of BETT SISTEMI) and they are transported at the risk of the recipient in derogation to the retention of title clause of BETT SISTEMI, shown hereinafter.
Unless otherwise expressly agreed, transport shall be ex-works, at the client’s expense, by the carrier chosen by BETT SISTEMI, or failing that, by the carrier chosen by the same client.
Should any damage or failure occur during transport, it will be the client’s responsibility to make all the necessary claims and objections within 8 days of receipt of the goods (as shown at the bottom of the sale invoice).
BETT SISTEMI shall be entitled to make partial deliveries.
Without prejudice to the provisions vis-à-vis the carrier, any complaints for visible defects or non-conformity of the product delivered, the product ordered or the dispatch note shall be submitted in writing within the time-limit required by law, i.e. thirty days from arrival of the products on pain of forfeiture of the right involved.
The purchaser shall provide valid grounds to prove the existence of the actual defect or anomaly ascertained. The purchaser shall allow the seller to ascertain the existence of the said defects and to provide a remedy. The purchaser shall refrain from intervening directly or from causing third parties to intervene to that end.
By way of warranty, the only obligation for the seller shall involve the replacement, free of charge, or the repair of the product or the item recognised to be defective through its own service. Products covered by a warranty shall first be submitted to the seller’s post-sale service for examination, this department’s approval being required for any replacement to be granted. Transport expenses shall be charged to the purchaser if the warranty is not applicable.
Our invoices, sent along with the ordered items, can be settled as follows:
We don't grant reductions for payment in advance.
Failure to pay by the due date shall entitled us to charge interest on arrears as provided for by Legislative Decree 231/02 and to recover payment expenses. Should a payment extension be granted, we will apply on such extension the monthly interest rate provided for in the aforementioned Legislative Decree.
BETT SISTEMI’s products are covered by warranty against any hidden defects or flaws of the products sold under the terms provided for in article 1476 of the Italian Civil Code.
In the event of customised products, BETT SISTEMI undertakes to manufacture products conforming to the specifications given by the client, without however guaranteeing in any way whatsoever its operating nature, which shall be exclusively evaluated by the client. The client is the sole party responsible for the information transmitted to BETT SISTEMI.
As for standard products, BETT SISTEMI guarantees their conformity with the specifications shown in the catalogue. The responsibility of BETT SISTEMI and/or the application of the warranty due by the same will be unappealable once the time-limits provided for by law have elapsed and, in this case, they shall not give rise to any request for indemnification.
Any use of the standard products is made under the sole responsibility of the purchaser, who declares that the technical characteristics of the products purchased have been examined and deemed suitable for his own use.
Should a customised product infringe the rights of third parties, the client agrees to reimburse all costs (for proceedings, indemnification, damage compensation, legal advice and other consulting expenses…) which BETT SISTEMI should incur in connection thereof and to take an active part in its defence.
The warranty shall not be applicable if the products sold have been changed or tampered with or if they are used in a manner or in conditions which are irregular or inconsistent with their characteristics, intended use or standards applicable (in particular, in the event of use or installation in aircrafts and/or space vehicles for which the said products are absolutely unsuited).
Transfer of Risk: From the time of delivery of the goods to their destination, the risks of improper use, loss of the product, or direct or indirect damage to the same will be on the purchaser.
Any returns of products shall be formally agreed in writing between the seller and the buyer and sent via fax (0522/635222), e-mail : (bsistemi@bettsistemi.com) or by registered mail with advice of receipt. Should any products be returned without the aforementioned express agreement, they will be kept at the purchaser’s disposal and shall not entitle to any compensation or refunds.
At any rate, returns shall not be accepted after thirty days following receipt of the goods. Expenses and risks related to the products returned shall always be charged to the purchaser. Returns shall be sent to the company’s plant. The choice of carrier is at our discretion.
The collection of a product by the seller shall entitle the purchaser to a refund valid for six months as of the date the right was established. The products to be returned shall be intact and in proper working order, this being an essential condition if the client wishes to exercise the right of withdrawal.
Should there be visible defects or in the event of non-conformity of the products delivered, duly assessed by the seller, the purchaser shall be entitled either to the replacement of the products free of charge or to the refund for those products, at the seller’s discretion. The purchaser shall not however be entitled to any indemnification or compensation of any kind.
The ownership of standard parts or customised parts shall be transferred only subject to full payment of the price in principal and any accessory costs, it being understood that the payment shall be considered effected on the day the related sums are actually cashed by BETT SISTEMI.
Notwithstanding the provisions set forth in the foregoing paragraph, any and all risks shall be transferred to the client at the time of dispatch or delivery of the goods by BETT SISTEMI (in particular the risk of loss, deterioration and damage caused by the items sent).
Whenever a client sends a device or equipment in order to have a part manufactured, that is to be incorporated into, or that is to complete the aforementioned device or equipment, the client remains the owner thereof, incurs the transport costs and the costs for the item to be re-delivered, assumes the risks connected with the transport, any adjustment or transformation by BETT SISTEMI and any damage that this may cause.
Should the purchaser fail to perform any one of the obligations undertaken, is subjected to bankruptcy proceedings or other insolvency proceedings, should he request suspension of payments, should start winding-up proceedings or discontinue his activity, if his properties should be attached or impounded, as a whole or in part, or should he fail to put forward, upon our request, guarantees for the settlement of the agreed purchase price, we may withdraw from our contractual obligation with the purchaser or withdraw in relation to any part of the contract yet to be performed, even without judicial recourse. In addition, we shall be entitled to the ownership of all the goods previously delivered and in relation to which the counterparty has not fully and accurately performed his obligation.
The company undertakes to comply with the agreements undersigned herein, provided that the counterparty can prove its full and definite solvency vis-à-vis the negotiation to be finalised. In addition, the Company, at its sole discretion, shall be entitled to request from the purchaser guarantees of payment to such an extent as it will deem appropriate, and shall be even entitled to suspend its contractual performance until the said requests are satisfied in full.
Pursuant to art.23 of Council Regulation EC44/2001 of 22 December 2000, the parties mutually agree that any dispute, none excluded nor excepted, relating to the interpretation, execution and termination of this contract shall be exclusively referred to the Italian Judicial Authorities.
Any dispute, none excluded, relating to the interpretation, execution and termination of this contract, including events of connection, shall be solely ruled upon by the Court of Reggio Emilia, in Italy.