General supply conditions “Annex A”
Supply conditions are in force for all commercial relations between Elettrosystem sas and Purchaser. Any special agreements will be confirmed by Elettrosystem sas.
1.1 Order Confirmation
1.1.1 Order confirmation is a document which commits Elettrosystem in production and installation of a plant. Elettrosystem accepts all conditions as described in the order. Possible observations will be notified to the Purchaser before issuing the order confirmation .
1.1.2 The composition of agreed supply will be changed only if further modifications are made to the basic order, usually issued by the Purchaser upon a modification request communicated in writing. This request shall be made by a special Body assigned by the Purchaser at the during the purchase negotiations.
1.1.3 Any stopping times in the system development which may be necessary for the study of eventual modifications are applied by the customer. They will be calculated as an extension of the agreed delivery contract terms.
There are also considered in the case of “unconfirmed” required modifications.
1.1.4 Delivery term delay, regardless of Elettrosystem responsibility, deriving from modification of basic order, even if unconfirmed, involves a price review.
1.1.5 Order cancellation by the customer, regardless of Elettrosystem responsibility, will result in a charge of 20% of the total amount to the customer, in addition to the costs which have already been payed by Elettrosystem.
1.2.1 Elettrosystem guarantees proper performance of its products. For this reason, Elettrosystem undertakes to remedy any defect or non-conformity of the products which occur during warranty period.
1.2.2 Supplying of third parties, of third parties:Elettrosystem assumes the warranty of equipment supplied by sub-suppliers (taking into account the the obligations of sub-suppliers).
1.2.3 In the event of partial delivery (divided supply in a period of time), the warranty starts from the date of the each respective delivery.
1.2.4 Standard warranty does not cover travel and subsistence expenses of our technicians.
1.2.5 Warranty does not include replacement and/or repairing of worn out parts of equipment. ElettroSystem will however supply to customer the reproducible drawings with instructions for replacement operations.
1.2.6 Any kind of modifications and/or technical intervention executed on Elettrosystem supplies, without agreement received from Elettrosystem during the warranty period invalidates the warranty.
1.2.7 Warranty of commercial/standard parts installed on Elettrosystem supplies is the same applied by commercial part manufacturer to Elettrosystem. In the event of “on site” operations on them by manufacturer, any resulting costs will be charged to the customer.
1.2.8 During the warranty period, customer will be charged for:
- preventative and normal maintenance executed according to the Elettrosystem’s maintenance manual.
- The corrective maintenance at the level foreseen by the diagnostic included in the supply.
1.2.9 The warranty does not cover any fault and/or malfunctions caused by:
- carelessness or improper use of the equipment.
- not respecting the installation instructions and specifications.
- lack of of the above-mentioned preventive, corrective and ordinary maintenance.
1.2.10 The warranty will remain valid for 12 months (2 shifts per day) from the date of
plant testing and in any case within 60 days from the date of completion of the installation (with details provided in a report).
Any modifications and/or exceptions to this point, will be submitted and undersigned in agreement between customer and Elettrosystem.
1.3 Preliminary acceptance test – FAT (Factory acceptance test)
1.3.1 Elettrosystem pre-tests the with the customer before delivering it to the customer.
The pre-test will be executed with components and/or groups made available by the customer, in accordance with the detailed construction drawings and dimensional/geometric tolerance delivered to Elettrosystem (attached to the order).
Pre- test will be considered as “passed” if 60% of production level has been achieved, as agreed to in the contract.
1.3.2 After acceptance of the pre-test by the customer, Elettrosystem will deliver the line.
An “Interim document of compliance” will be considered as approval for the payment concerning the specific delivery.
1.4 Final acceptance test – SAT (Site acceptance test)
1.4.1 The final inspection will be performed at facility specified in delivery conditions, by specialized Elettrosystem technicians. Afterwards, a certificate of inspection will be issued.
The Certificate will be signed by the parties and will assume the value of not only technical acceptance but also the acceptance regarding paymentsand the system specifications.
1.4.2 In the event of partial delivery which does not exclude or impede normal use of the system, the right of suspension of payment in full or partially cannot be granted, or of the not running guarantee.
1.4.3 Final inspection must be performed within 60 days from the intial installation and start of the machine at the customer’s workshop, after which the final test is understood to have been accepted, even if the final report is not signed by the customer and/or the supplier. The positive inspection deliberates the unconditional acceptance and activation of the guarantee contract period.
1.4.4 Productivity will be calculated, during final validation, net of:
- changing time of the production lot.
- machine stops due to pieces not conforming to the documentation supplied to Elettrosystem (the eventual control and quality selection operations which might be necessary will be charged to the Purchaser).
1.4.5 The test will be performed on a model pilot, in agreement between Purchaser and Elettrosystem. It will be performed for one shift (7,5 hours). In the event of different processing methods and/or any other models (different from the pilot model), it will be necessary that Elettrosystem and the customer agree on a timeline and, if it is necessary, on any applicable additional costs.
1.4.6 In the event that the customer uses the automatic line before the final testing, possible damages and/or production losses, will be under the responsibility of the customer.
1.4.7 The “driver” of automatic machine, during SAT procedure, will be an Elettrosystem technician or customer operator, approved by related Elettrosystem document, trained and skilled to drive automatic machine.
the setup will consist of:
1.5.1 Charge to Elettrosystem:
- skilled labour for assembly, the setting-up and final inspection
- If the installation period will be extended, for reasons not in control of the supplier, Elettrosystem reserves the right of charging to Purchaser for the expenses.
1.5.2 Charge to customer:
- connections for feeds (electrical, pneumatic, hydraulic) corresponding to the specifications supplied By Elettrosystem.
- unskilled labour, means for lifting and handling, and consumption materials.
1.6 Production start-up
1.6.1 Elettrosystem is available to supply assistance with its own skilled personnel during the start-up phase of the production and the successive final inspection of the installed system. This assistance is not included in the price of the supply and will be provided upon request (for economic conditions see ongoing technical assistance price list, you can request it to: firstname.lastname@example.org).
1.6.2 For any further training courses, information, after sale service, replacement or repair of parts which is not covered by the warranty, etc., Elettrosystem technicians are available. The cost of these services will be charged to the customer. For economic conditions see ongoing technical assistance price list, you can request to email@example.com.
1.6.3 Training course for customers operators will be performed on middle shift, for a maximum of 3 days, unless, not otherwise agreed. Any additional training days will be quoted in a new offer. Any further training days will be separately quoted.
For economic conditions see ongoing technical assistance price list, you can request it to: firstname.lastname@example.org.
1.7 Limitations of liability
1.7.1 Elettrosystem is not responsible for any damage that may occur to any users of its supplies.
1.7.2 Elettrosystem is not responsible of any production losses.
1.7.3 Elettrosystem is not responsible for contract work, in any kind of forms and way ( parts and labour)
1.8 Intellectual property rights
1.8.1 The Purchaser recognises that the composition of supply and the technical documents are the intellectual property of Elettrosystem. By purchasing the “System”, the customer acquires the right to use this intellectual propriety limited to the purchased automatic line. It is not allowed to provide copies of Elettrosystem’s technical documents to competing companies and/or to develop new automatic lines utilizing partially or in full the Elettrosystem documents.
1.9 Delivery terms
1.9.1 The delivery terms are agreed upon on the conditions that Elettrosystem is able to foresee when delivering the order. Any unforeseen developments which do not depend on Elettrosystem’s will (for example delays or defects of sub-supplies, serious problems in the company, work conflicts, accidents, natural calamities etc.) will not generate charges to Elettrosystem.
1.10 Applicable right
1.10.1 Applicable rules or regulations are in Italian.
1.11 Court of law
1.11.1 The reference court for both parties is in Asti (Italy).