ACCEPTANCE

GIMECO IMPIANTI accepts purchase orders exclusively under the General Conditions set out below. Any different conditions or clauses inserted in the order by the Buyer (hereinafter also referred to as the "Customer") shall be considered null and void and of no legal effect, unless explicitly accepted in writing by GIMECO IMPIANTI.

SCOPE OF SUPPLY

The supply includes exclusively what is specifically indicated in the text of the offers.

PRICES

Product prices are those indicated and displayed in the offers. Unless otherwise specified in the offers themselves, these prices are net of packaging, transport, insurance costs, expenses for obtaining any import licenses, customs duties, and any ancillary expenses, which remain entirely the Customer's responsibility.

DELIVERIES

The delivery terms indicated are merely indicative and not binding. They run from the formal acceptance of the offers by the Customer. Delivery of the products will take place Ex Works (EXW) at the GIMECO IMPIANTI plant in Trezzano Rosa (Milan, Italy), unless otherwise expressly agreed in the offers. In the event of a delay in delivery, the Customer shall have no right to claim compensation, penalties, and/or damages.

TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership of the goods sold is finalized upon their delivery to the carrier. The risks of loss or deterioration of the goods are transferred to the Customer at the time of delivery of the product to the carrier itself or in accordance with the different commercial terms (Incoterms) expressly agreed upon in the offers.

PAYMENT TERMS

Payment must be made in favor of GIMECO IMPIANTI, at the Trezzano Rosa (Milan, Italy) headquarters, in the forms and times specified in the offers. Any disputes regarding the supply do not in any case authorize the Customer to suspend or delay payments beyond the contractually established dates (solve et repete clause). Should delays occur, GIMECO IMPIANTI reserves the right to immediately suspend the fulfillment of any further contractual obligations.

WARRANTY

The equipment and materials supplied by GIMECO IMPIANTI are covered by a warranty for 12 (twelve) months from the delivery date. This term is not subject to extensions if the Customer, for any reason, delays its installation.

  • Coverage. Within the validity period, GIMECO IMPIANTI undertakes to repair or replace free of charge the parts that prove to be defective, in order to ensure their correct operation. Defective parts or equipment must be returned, carriage paid, to the GIMECO IMPIANTI headquarters in Trezzano Rosa (Milan, Italy).
  • Exclusions. The warranty is strictly limited only to the equipment supplied by GIMECO IMPIANTI and does not extend to the overall operation of the plant. Labor costs for interventions and transport expenses are also excluded from the warranty. GIMECO IMPIANTI declines any further liability for direct or indirect damages, or for accidents arising from the use of the equipment.
  • Procedure. Any request for warranty service must be justified in writing and accompanied by the exact references of the supply.
  • Forfeiture. The warranty is automatically voided if the equipment is not used or installed for the specific purpose for which it is intended, or if the installation and maintenance instructions provided are not strictly followed by the Customer.

WORKPLACE SAFETY

If the supply involves the use of manpower at the Customer's facilities, it will be the Customer's exclusive care and responsibility to implement all necessary physical, operational, and documentary safety measures so that the personnel sent by GIMECO IMPIANTI can operate in full compliance with current legislation on health and safety in the workplace.

LIMITATION OF LIABILITY (DAMAGES)

GIMECO IMPIANTI shall in no case be held liable for direct, indirect, incidental, or consequential damages, including, but not limited to, production losses or lost profits arising from the supply in question.

PACKAGING

GIMECO IMPIANTI will pack the goods in a suitable manner to ensure their correct conservation, according to best practices and commercial customs. The company is explicitly exempt from any liability for damage resulting from improper handling or storage of the packaged goods by the carrier or the Customer.

SUSPENSION AND TERMINATION

GIMECO IMPIANTI reserves the right to suspend or cancel deliveries and/or shipments, without prejudice to any other action and the right to claim damages, in the following cases: (a) in the event of protests, enforcement actions, and/or precautionary proceedings against the Customer; (b) in the event of insolvency, bankruptcy, subjection to other insolvency proceedings, or criminal proceedings against the Customer; (c) in the event of total or partial non-compliance with any clause of this contract.

COMPLAINTS

Any complaints for defects or discrepancies must be reported by the Customer exclusively in writing. The submission of a complaint does not in any way exempt the Customer from the obligation to make payments on the due dates and under the terms defined in this contract.

WITHDRAWAL

In addition to cases of force majeure and other hypotheses provided for by Italian Law, GIMECO IMPIANTI shall have the right to withdraw, in whole or in part, from sales contracts that are definitively concluded or being finalized, should facts or circumstances occur that substantially alter market conditions, currency value, and/or the structure of the Italian industry. In such events, the Customer shall not be entitled to any indemnity, compensation, or reimbursement, and shall be required, if requested, to pay the amount relating to the goods already prepared or currently being processed.

APPLICABLE LAW

All relationships between the parties are exclusively governed by Italian Law, unless otherwise agreed for reasonable and indispensable exceptions.

COMPETENT COURT

For any dispute arising from, or in any way connected to the interpretation, validity, or execution of the relationships governed by these General Conditions, the Court of Milan shall have exclusive jurisdiction.

 

Acceptance Note
The aforementioned General Conditions of Sale are deemed to have been fully read, accepted, and signed by the Customer, in the absence of express exceptions made in writing and notified to the seller.

 

Last Updated: January, 01 2026 – Trezzano Rosa