Forma s.r.l. guarantees the products to the original purchaser to be free from defects in material and workmanship for a period of one year from the bill of lading date. Forma s.r.l. will replace, at its option free of charge (freight excluded) any part(s) which upon our examination, have failed to provide satisfactory service due to defects in material or workmanship and are not the result of misuse or abuse. Forma s.r.l. guarantees, for a period of three months, electric parts belts and conveyor not of its direct manufacture. Any warranty repairing interventions must be performed only by technical personnel of the Company Forma srl; all technician's expenses, included travel, room and board are at charge of the customer. If the parties, Forma and customer, would agree that the warranty intervention may be performed by customer's personnel, it is understood that Forma will supply the new spare parts and the customer will send back to the manufacturer the faulty replaced components. Should not the replaced parts be returned to Forma within 30 days after supply of the new ones, the Company Forma will invoice the spare parts and ask for the payment. Warranty will not cover following cases:
- improper use of the machine;
- incorrect installation of the machine;
- severe negligence in the maintenance;
- severe negligence in the storage;
- use of not original spare parts;
- damages caused by water hardness (>25 °F) (great presence of limestone);
- damages caused by the inobservance of the user manual instructions.
The prices are VAT excluded/Prices are to be intended VAT excluded.
BANCA MONTE DEI PASCHI DI SIENA SPA - NOVE BRANCH
Any appliances shall be installed in conformity with the local regulation and used in well ventilated location. Consult the instruction before installing and using. Excluded. It will be at Customer charge:
- return air ticket;
- board and lodging in a comfortable hotel;
- assistance during the period of stay;
- technician daily travelling allowance of Euro 400;
- fumes, steam, water and power connection.
- preparation of the place in accordance with local regulations;
- the flooring on which the oven will be installed, must be smooth and level, structurally suitable for the mass and heat that is will be required to bear. Oven must be installed on level non-combustible floor, with no wiring or floor heating in floor slab.
Excluded, it is at cost. Please specify on the request the type of the packing or the transport specification.
Ex works, INCOTERMS 2010, Nove (VI) or Mason Vicentino – Colceresa, (VI) Italy.
Products will be delivered within 45 days from the reception and acceptance of the Letter of Credit or payment terms
400 V - 3PH - 50 HZ. If different please specify. All machines are in conformity with EC regulations and are manufactured in Italy.
ANY APPLIANCE SHALL BE INSTALLED IN CONFORMITY WITH THE LOCAL REGULATIONS AND USED ONLY IN A WELL-VENTILATED LOCATION.
CONSULT THE INSTRUCTION BEFORE INSTALLING AND USING THIS APPLIANCE.
Additional and Further Specifications
1.1. Forma s.r.l. undertakes to supply the bakery production equipment in accordance with specifications, terms and conditions as provided by a contract.
1.2. Forma s.r.l. or its Representative undertakes install and maintain the bakery production equipment in accordance with specifications, terms and conditions as provided by a contract.
2. PRICES AND TOTAL VALUE OF THE CONTRACT
2.1. The prices and the total value should be understood, installed and commissioned, according to INCOTERMS 2014.
2.2. The total value does not include V.A.T.
3. PAYMENT TERMS
3.1 The payment should be made in favor of Forma s.r.l., Via Righetto, 22/24 – 36055 Nove, (VI) ITALY, -UNICREDIT SPA - MAROSTICA BRANCH
ABI 02008 CAB 60500 IBAN IT57F0200860500000104841609 BIC/SWIFT: UNCRITM1M66
-BANCA MONTE DEI PASCHI DI SIENA SPA - NOVE BRANCH
ABI 01030 CAB 60600 IBAN: IT62G0103060600000061139850 BIC/SWIFT PASCITM104B
3.2 All the bank commissions will be charged by the Client on his territory and respectively by the Forma s.r.l. on the Italian territory.
3.3 Late payment penalties will be specified.
3.4 The Forma s.r.l. retains the property over the equipment until the full settlement of the total due amount.
3.6 In case the delay in payment of any due amount exceeds 60 (sixty) days, a Contract will be cancelled without prior notice and without any court judgment or ruling or any other similar action from any authority whatsoever. Consequently, the Client is bound to return the equipment in 5 (five) days at the premises of the Representative. Failure to act accordingly will entitle the Forma s.r.l. or its Representative to enter the premises of the Client and to take-over the Equipment or to make it unusable. All repossession costs will incur to the Client. Further, the amounts paid by the Client until cancellation date will not be reimbursed.
4. DELIVERY / INSTALLATION
4.1. The delivery of the equipment will be made based on the following documents:
b) Packing List;
c) CMR or Bill of Leading;
d) Declaration of CE Conformity issued by the Equipment manufacture.
4.2. Forma or its Representative will carry out assembly and technical service for the Equipment supplied by Forma srl. In case the assembly lasts more than 8 days because the Client failure to provide all the material and installations stipulated to point no. 7.4 and Annex no. 3, the Client here by undertake to pay the amount of 100 euro/working day beginning from the 9th day of starting the installation until the termination of the installation.
5. FORMA S.R.L. WARRANTIES
5.1. The Equipment sold by Forma s.r.l. shall be brand new, free from defects in material as per the present Contract.
5.2. Should the goods prove should be defective during the warranty or not corresponding to the provisions of the Contract, Forma s.r.l. or through its Representative, shall either remedy the defects or cause the replacement of the defective parts of the Equipment (as the case may be), at Forma s.r.l. or Representative’s expenses within 10 (ten) days from receiving the relevant notice. Terms and conditions of the warranty are detailed in Annex 1 attached here to.
5.3. The replaced parts should be at disposal of Forma srl. Those parts have to be returned to its premises, within 7 days from the replacement. The replaced parts, requested by Forma s.r.l. and not returned, will not be considered on guarantee.
5.4. All transport and other expenses, related with replacement or remedy of the defective parts will not be borne by Forma s.r.l. and Representative. Freight and installation excluded.
5.5. However, if failure is proven to be due to operator error, neglect, misuse or improper maintenance, Forma s.r.l. and Representative shall not be liable for any claims or costs but will repair the defects on the Client expenses.
6. OBLIGATIONS OF THE FORMA S.R.L. AND ITS REPRESENTATIVE
6.1. Forma s.r.l. delivers the Equipment according to a Contract with such technical details to facilitate installation and operation of the Equipment.
6.2. Forma s.r.l. or its Representative ensures the installation and technical assistance. Installation will commence in 5 (five) days from the delivery of the Equipment.
6.3. Forma s.r.l. or its Representative on specific request of the customer and after a cost quantification, tests and follows the functioning of the Equipment for sufficient period to ensure that the technical parameters of the Equipment are functioning as specified and where so delineated in the manufactures specifications the appropriate commissioning test are completing.
6.4. Forma s.r.l. or its Representative after a cost quantification is able to provides introductory training to sufficient staff of the Client so as to ensure that the Equipment can be operated and maintain correctly.
6.5. Forma s.r.l. delivers the Equipment together with the technical book in English language.
7. OBLIGATIONS OF THE CLIENT
7.1. To arrange receipt and prompt clearance of the Equipment from the custom department and to pay without delay, taxes, customs duties and V.A.T. Any costs involved in delay of whatever nature in this respect shall be for the Client’s charge.
7.2. To prepare appropriate storage and reception of the goods at the designed destination and to receive the goods.
7.3. To prepare access to and space within the installation area to accommodate the equipment and its packaging, and to allow sufficient area to enable assembly and installation to be conducted without inconvenience.
7.4. To prepare all surfaces to the technical specification required and to provide such ancillary services as are required for the operation of the Equipment, respectively, oven chimney, electric connection, water and sewerage according to Annex no. 3.
7.5. To provide necessary labor and transport of the Equipment to the prepared site assemble.
7.6. To provide and to pay all expenses for the accommodation and meal of the technical personnel of the Representative, for all period necessary for installation and set up working the equipment.
8. FORCE MAJEURE / RESCISSION OF THE CONTRACT
8.1. Force Majeure protects from responsibility the party who invokes it. It is understood as Force Majeure all the facts that might appear after concluding the contract, caused by such extraordinary and inevitable events for one of the parties.
8.2. Parties will inform each other immediately no later than 5 (five) days about any such event of Force Majeure and such notice shall be certified in latest 15 (fifteen) days by a local Chamber of Commerce.
8.3. Should the Force Majeure circumstance impedes the delivery of the Equipment to the final destination and if such circumstance of Force Majeure is expected to exceed one (1) month, then either party has the right to cancel the Contract and Forma s.r.l. shall take back and repossess the Equipment.
9. LOCAL LAWS AND TAXES
9.1 Forma s.r.l. shall be responsible for all taxes, duties and fees required or imposed by Italian authorities.
9.2 Client shall be responsible for all taxes, duties and fees required or imposed by Local Country authorities.
9.3 The Court of Justice of Vicenza, Italy shall have exclusive jurisdiction over all disputes concerning the interpretation and/or execution of the contract or any event connected to it.
10.1 All amendments or addenda to a Contract are valid provided if made in writing and signed by Forma srl, its Representative and Client.
10.2 Upon signing a Contract, all previous agreements, discussions and correspondence between Client, Forma s.r.l. and its Representative concerning the Contract are to be considered t invalid.
10.3 The Contract is valid and applicable exclusively for the delivery of the Equipment as per standard specifications in the Contract.
10.4 Any Contract is made in two (2) copies with the same content and the same juridical value, in English language, each party receiving one (1).
10.5 A Contract contains the following annexes:
a) Annex 1 – STANDARD WARRANTY
b) Annex 2 – APPOINTMENT
c) Annex 3 – CLIENT OBLIGATIONS
ANNEX NO. 1
Forma s.r.l. guarantees its products to the original purchaser to be free from defects in material and workmanship for a period of 12 (twelve) months from the installation and commissioning date of the Equipment, but not later than 18 (eighteen) months since the delivery date. Forma s.r.l. guarantees the heat exchanger of the rack ovens for a period of 3 (three) years and the annular tubes of the steam pipes ovens for a period of 5 (five) years from the delivery date. Forma s.r.l. will replace free of charge any parts which upon his technical examination have failed to provide satisfactory service because of defects in material or workmanship and are not result of misuse or abuse.
ANNEX NO. 2
The following appointment agreement was concluded by and between:
1. Forma s.r.l., Via Righetto, 22/24 – 36055 Nove (VI), Italy and
2. The Customer under the following terms and conditions:
A. Forma s.r.l. or its Representative on specific request of the customer and after cost quantification, will carry out assembly and technical service during the warranty period (12 months) on the Equipment supplied by the Forma srl.
B. The necessary spare parts for this period will be supplied by the Forma s.r.l. according to the provisions of Annex 1 hereto.
C. The technical assistance after warranty period will be provided with original spare parts which will be delivered by the Forma srl, according to the provisions of Annex 1 hereto.
D. Forma s.r.l. should supply against payment the spare parts for a period of 10 (ten) years.
ANNEX NO. 3
The Client here by undertakes to prepare, provide and pay for the following:
forklift for unloading the goods;
the materials to be specified and required for installation (2 m3 baluster sort 5-7 or 7-9; 600 kg cement; cement mixer,…);
water and sewerage;
combustible (gas, gas oil or wood as is necessary)
two unskilled helpers for the all period of assembly;
row material for testing and qualified personal for dough preparation;
working staff for training of the use of the equipment;
authorized technician for installation of the burner.
Forma s.r.l. or its Representative will instruct the Client with all the necessary details as were and how to make the water, electricity, chimney and combustible connection before the arrival of the goods.