[vc_row css_animation=\u00a0\u00bb\u00a0\u00bb row_type=\u00a0\u00bbrow\u00a0\u00bb use_row_as_full_screen_section=\u00a0\u00bbno\u00a0\u00bb type=\u00a0\u00bbfull_width\u00a0\u00bb angled_section=\u00a0\u00bbno\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb background_image_as_pattern=\u00a0\u00bbwithout_pattern\u00a0\u00bb padding_top=\u00a0\u00bb100px;\u00a0\u00bb padding_bottom=\u00a0\u00bb10px;\u00a0\u00bb][vc_column][vc_separator type=\u00a0\u00bbtransparent\u00a0\u00bb up=\u00a0\u00bb50″][vc_column_text]<\/p>\n
[\/vc_column_text][\/vc_column][\/vc_row][vc_row css_animation=\u00a0\u00bb\u00a0\u00bb row_type=\u00a0\u00bbrow\u00a0\u00bb use_row_as_full_screen_section=\u00a0\u00bbno\u00a0\u00bb type=\u00a0\u00bbfull_width\u00a0\u00bb angled_section=\u00a0\u00bbno\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb background_image_as_pattern=\u00a0\u00bbwithout_pattern\u00a0\u00bb padding_bottom=\u00a0\u00bb150px;\u00a0\u00bb][vc_column][vc_separator type=\u00a0\u00bbtransparent\u00a0\u00bb up=\u00a0\u00bb50″][vc_column_text]1. GENERAL INFORMATION<\/strong> [vc_row css_animation=\u00a0\u00bb\u00a0\u00bb row_type=\u00a0\u00bbrow\u00a0\u00bb use_row_as_full_screen_section=\u00a0\u00bbno\u00a0\u00bb type=\u00a0\u00bbfull_width\u00a0\u00bb angled_section=\u00a0\u00bbno\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb background_image_as_pattern=\u00a0\u00bbwithout_pattern\u00a0\u00bb padding_top=\u00a0\u00bb100px;\u00a0\u00bb padding_bottom=\u00a0\u00bb10px;\u00a0\u00bb][vc_column][vc_separator type=\u00a0\u00bbtransparent\u00a0\u00bb up=\u00a0\u00bb50″][vc_column_text] GENERAL CONDITIONS [\/vc_column_text][\/vc_column][\/vc_row][vc_row css_animation=\u00a0\u00bb\u00a0\u00bb row_type=\u00a0\u00bbrow\u00a0\u00bb use_row_as_full_screen_section=\u00a0\u00bbno\u00a0\u00bb type=\u00a0\u00bbfull_width\u00a0\u00bb angled_section=\u00a0\u00bbno\u00a0\u00bb text_align=\u00a0\u00bbleft\u00a0\u00bb background_image_as_pattern=\u00a0\u00bbwithout_pattern\u00a0\u00bb padding_bottom=\u00a0\u00bb150px;\u00a0\u00bb][vc_column][vc_separator type=\u00a0\u00bbtransparent\u00a0\u00bb up=\u00a0\u00bb50″][vc_column_text]1….<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5467,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\t\n
\n1.1 This document is intended for customers (hereinafter \u201cCustomers\u201d) of FRATELLI COMUNELLO SPA
\n(hereinafter simply COMUNELLO); its purpose is to inform customers about the contractual conditions
\nthat COMUNELLO shall apply in all the sales of its products (hereinafter GENERAL TERMS AND
\nCONDITIONS OF SALE), unless otherwise agreed in writing, and which, in any case, are binding on and
\neffective between the parties pursuant to art. 1341 of the Italian Civil Code.
\n1.2. COMUNELLO applies the Italian law in all contractual relationships involving the sale of its
\nproducts, save for any specific derogations to be agreed and proved in writing.
\n1.3 The General Terms and Conditions of Sale listed here exclusively refer to products bearing the
\nCOMUNELLO trademark (hereinafter the \u201cProducts\u201d).
\n2. OFFERS \u2013 QUOTES<\/strong>
\n2.1 The offers made by COMUNELLO to its Customers are effective for a maximum period of 20
\n(twenty) days from their submission; in any case they will have to be formalized in writing, including
\nby email.
\n2.2. Upon expiry of the aforementioned deadline, the offer made by COMUNELLO shall be deemed
\ncancelled and not acceptable by the CUSTOMER, unless otherwise specifically agreed in writing
\nbetween the contracting parties
\n3. ORDERS<\/strong>
\n3.1 Purchase orders signed by the Customers and addressed to Comunello must be confirmed using
\nthe specific form prepared by Comunello (order confirmation), which each Customer has to sign and
\nreturn to Comunello, precisely specifying the quantity of the goods bought and any additional features
\nof the requested products.
\n3.2 The purchase contract shall be considered finalized and binding on the parties by means of:
\na) confirmation of the purchase order by FRATELLI COMUNELLO SPA;
\nb) physical execution of the purchase order by FRATELLI COMUNELLO SPA, provided it is in
\ncompliance with the contents of the sale entered into between the parties.
\n3.3 Any amendment or addition to the individual provisions of the General Terms and Conditions of
\nSale or to the purchase order shall be ineffective unless approved in writing by COMUNELLO SPA. In
\nthe event changes are made to the purchase order after sending the form specified in paragraph 3.1.,
\nthey shall have no effect if in the meantime Comunello has accepted the order or has implemented
\nit in part; in any event, Comunello reserves the right to cancel the original purchase order and to
\nsuspend performance of the current one, requesting damages.
\n3.4 The Product delivery date specified in the purchase orders is always indicative and any delay
\nof up to 30 days with respect to such deadline shall never constitute grounds for the CUSTOMER to
\nclaim damages against Comunello or to terminate the contractual relationship.
\nMore specifically, Comunello reserves the right to extend the delivery date due to unforeseeable
\ncircumstances or force majeure or in any case for circumstances that could not be foreseen at the
\ntime of the sale (for example, difficulty in procurement of raw materials and components); if prior to
\ndelivery, the CUSTOMER is in a difficult financial situation or changes its legal form, Comunello shall
\nbe entitled to suspend performance of, and possibly terminate the contract.
\n3.5 Customers are advised that the supplied products are intended for professional use only.
\n4. DELIVERY AND SHIPPING<\/strong>
\n4.1 The Products are delivered to the Customer at the production site or at the registered office of
\nComunello (hereinafter \u201cDelivery\u201d).
\n4.2 If the Products are delivered Ex-works Ros\u00e0 or Cassola (VI) Incoterms 2020, the risk is transferred
\nupon delivery of the Products by FRATELLI COMUNELLO SPA to the Customer or to the carrier, the
\nCUSTOMER being in charge of the transportation costs.
\n4.3 Unless otherwise agreed, FRATELLI COMUNELLO SPA shall establish, in the name and on behalf of
\nthe Customer, the type of shipment, the transport route and the carrier.
\n4.4 FRATELLI COMUNELLO SPA reserves the right to partially fulfil the purchase order or to partially
\ndeliver the products ordered. The Customer cannot raise any objection with regard to partial
\ndeliveries
\nand\/or deliveries made by instalments. All Partial deliveries shall be invoiced individually and the
\npayment time limits shall run from the date of each invoice. The payment of partial Deliveries may not
\nbe deferred until completion of all the Deliveries related to the original purchase order. The provisions
\nof Article 4.1 shall also apply to partial deliveries.
\n5. PRICES AND PRICE LISTS<\/strong>
\n5.1 The price is as specified in the last Comunello price list for the products delivered to the
\nCustomer, including normal packaging and excluding shipping costs (hereinafter the \u201cPrice\u201d). The last
\nprice list issued by FRATELLI COMUNELLO SPA cancels all previous price lists and, unless otherwise
\nagreed, it shall be applicable to the sale.
\n6. PAYMENT<\/strong>
\n6.1 Payment of the Price has to be made within the time limit agreed between the contracting
\nparties. Failure to pay the price within the agreed time limit shall result in the application of interest
\nfor late payment in commercial transactions, to the extent provided by Legislative Decree No. 231 of
\n9.10.2002 as amended and supplemented. Default interest shall run from the expiry of the payment
\ndue date, subject to COMUNELLO\u2019s right to seek compensation for any further damage.
\n6.2 The Customer may not make claims or raise objections against Comunello until the Price has been
\npaid.
\n6.3 In the event of irregular payments, Comunello reserves the right to suspend the performance of
\nall purchase orders, including those not affected by the delay or default by the CUSTOMER, without
\nnotice and with no right to compensation for the CUSTOMER.
\n7. RETURNS AND COMPLAINTS<\/strong>
\n7.1 Any complaints referring to either the quantity or the quality of the delivered Products must be
\nmade in writing within 8 (eight) days from receipt of the Products.
\n7.2 The Products returned shall be accepted by FRATELLI COMUNELLO SPA only after written
\nagreement and exclusively with regard to new Products with their original packaging.
\n7.3 The Products must be returned using the appropriate transport document specifying the written
\npermission of FRATELLI COMUNELLO SPA as well as the quantity and quality of the Products.
\n7.4 Returns shall not be considered accepted by FRATELLI COMUNELLO SPA unless they are returned
\nin the manner specified above and, specifically, taking delivery of the Products at the headquarters or
\nat the warehouses of FRATELLI COMUNELLO SPA may not be construed as acceptance of the returns.
\n7.5 The amount credited for returns not due to causes attributable to FRATELLI COMUNELLO SPA,
\nshall be subject to a 30% deduction, to be regarded as a flat-rate assessment of the damage (penalty
\nclause), charged to the Customer on account of the general, shipping, goods deterioration, age etc.
\ncosts incurred by COMUNELLO.
\n8. WARRANTY<\/strong>
\n8.1 In business relationships or in case of products sold for professional use, this warranty is limited
\nto the repair or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as
\ndefective, through equivalent re-manufactured Products (the \u201cConventional Warranty\u201d); the warranty
\ndoes not include the costs necessary for repairing or replacing the material (e.g. labour costs, rental
\nof equipment etc) .-
\n8.2 The provisions contained in articles 1490 to 1495 of the Italian Civil Code shall not apply.
\n8.3 FRATELLI COMUNELLO SPA warrants the proper operation of the products within the limits
\nindicated in 8.1 above. Unless otherwise agreed, the validity of the Conventional Warranty is 24
\n(twenty four) months from the production date, which can be found on the products. For actuators of
\nthe Showin line the warranty is 60 (sixty) months from the production date, while for the remaining
\nproducts of the Automation Frame Line the warranty is 36 (thirty six) months from the production
\ndate. The Warranty shall be effective and binding on COMUNELLO only if the product has been
\ncorrectly installed and maintained in accordance with the installation and safety rules set out in the
\ndocumentation provided by COMUNELLO or otherwise available on the website www.comunello.com
\n8.4 The warranty does not cover: failures or damage caused by transport; failures or damage caused
\nby defects in the electrical system of the buyer and\/or by carelessness, negligence, inadequate
\nor abnormal use of such system; failure or damage due to tampering carried out by unauthorized
\npersonnel or due to incorrect use \/ installation (in this regard, system maintenance at least every six
\nmonths is recommended) or the use of non-original spare parts; defects caused by chemical agents
\nand\/or atmospheric phenomena. The warranty does not cover the cost
\nof consumables; in any event, COMUNELLO shall be entitled to a consideration for the work performed
\nat the Customer, where such work proves useless as the warranty did not apply or because the
\ncustomer had used the Comunello product in a negligent, reckless or incompetent manner, such that
\nthe proper use of the product could have avoided the work.
\n8.5 Implementation terms: unless otherwise agreed, the right to the Conventional Warranty is
\nexercised by showing a copy of the purchase document (invoice) to COMUNELLO. Any defect must be
\nnotified to COMUNELLO within the time limit of thirty (30) days from detection of the defect.
\nThe action must be exercised within the limitation period of 6 (six) months from detection of the
\ndefect. The Product parts for which the Customer requests application of the Conventional Warranty
\nmust be returned by the Customer to FRATELLI COMUNELLO SPA, Via Cassola 64, 36027 Ros\u00e0 (VI) Italy.
\n8.6 The Customer cannot claim compensation for indirect damage, loss of profits, loss of production
\nand in any case it cannot claim compensation for an amount that exceeds the value of the supplied
\ncomponents or products. All transport costs for Products that have been repaired or to be repaired,
\nalthough covered by the Conventional Warranty, shall be charged to the Customer.
\n8.7 No external work carried out by Comunello technical staff is covered by the Conventional
\nWarranty.
\n8.8 Specific amendments to the Conventional Warranty conditions described herein can be defined by
\nthe parties in their commercial contracts.
\n9. REPAIRS AFTER EXPIRATION OF THE WARRANTY<\/strong>
\n9.1 The Product repairs requested by the Customer shall be carried out by FRATELLI COMUNELLO SPA,
\nsubject to prior agreement on the cost of the work. In any case, labour and transport costs (return)
\nshall be charged to the customer.
\n10. RESERVATION OF TITLE<\/strong>
\n10.1 The Products delivered to the CUSTOMER shall continue to be the property of FRATELLI
\nCOMUNELLO SPA until full payment of the Price by the Customer, regardless of who has possession
\nof the Products. Transport costs and other costs necessary to recover the Products as well as
\nextraordinary expenses and those that can be recovered, shall be charged to the Customer.
\n11. PATENTS, TRADEMARKS AND DISTINCTIVE MARKS<\/strong>
\n11.1 The Customer is aware that the Products are covered by patents and incorporate know-how and
\ndesign that are the exclusive property of FRATELLI COMUNELLO SPA, pursuant to the Italian Industrial
\nProperty Code.
\n11.2 The Customer is expressly forbidden from infringing such FRATELLI COMUNELLO SPA\u2019s rights;
\nin any case, the Customer may not in any way remove, delete or otherwise alter the trademarks or
\nother signs or distinctive marks of any kind affixed to Products; the Customer is likewise forbidden
\nfrom affixing new ones of any kind. Any form of reproduction or use of the FRATELLI COMUNELLO
\nSPA trademark and of any other distinctive mark on the Products is forbidden, without written
\nauthorization by
\nFRATELLI COMUNELLO SPA.
\n12. EXPRESS TERMINATION CLAUSE<\/strong>
\n12.1 Pursuant to article 1456 of the Italian Civil Code, any delay of more than ten days in the payment,
\nor any non-payment of the Price, including partial, by the Client, as provided for in Article 6 of these
\nGeneral Terms and Conditions of Sale, shall result in termination of the purchase contract and
\nFRATELLI COMUNELLO SPA shall be entitled to seek compensation from the Customer for the damage
\nsuffered, in addition to restitution of the Products not paid by the Customer.
\n12.2 The notice referred to in the previous paragraph shall be sent by registered mail with return
\nreceipt or via certified email address (Pec).
\n13. AGREEMENT BETWEEN THE PARTIES<\/strong>
\n13.1 Any agreements, existing or that will take place between FRATELLI COMUNELLO SPA and the
\nCustomer, in relation to returns and payment methods, shall prevail over the provisions of these
\nGeneral Terms and Conditions of Sale.
\n14. APPLICABLE LAW AND JURISDICTION<\/strong>
\n14.1 The purchase contracts entered into in accordance with the General Terms and Conditions of
\nSale are subject to Italian law only, with the exclusion of any other legislation.
\n14.2 All disputes that may arise on the mentioned purchase contracts shall be subject to Italian
\njurisdiction and referred to the exclusive competence of the Court of Vicenza, including if the agreed
\npayment method is by bank collection order or draft payable at the customer\u2019s.
\n(Italy). The content of this catalogue is subject to change at any time and without notice by FRATELLI
\nCOMUNELLO SPA.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"