ACERBIS UK LTD
GENERAL SALES CONDITIONS
ART. 1 INTRODUCTION
1.1 General Sales conditions (GSC):
- guide the overall terms and conditions of sale made by ACERBIS UK;
- apply to the sale of the Products and / or supply of services for any reason made as a result of specific request by the Customer;
1.2 Particular conditions, exceptions or modifications to the GCS must be reported in writing.
1.3 Agents, distributors and / or external collaborators of ACERBIS cannot bind ACERBIS, unless express written acceptance by ACERBIS itself.
1.4 The CGV applicable to the order are those in force on the date of the order, unless ACERBIS specifies acceptance.
ART. 2 ORDERS
- may be entered through the B2B system, by email or by telephone, any other form will be not considered, I.E text messages or FB messenger etc.
- they must be complete in all their parts, full part number, description and quantity.
- they are binding for ACERBIS only if confirmed by acceptance (the shipment of the order is equivalent to confirmation and acceptance).
ART. 3 PRICE LIST
3.1 The price list of ACERBIS:
- does not constitute formal offer, it is purely indicative.
- can be unilaterally changed by ACERBIS without any advance notification.
3.2 Before each order, the customer must ascertain the validity of the paper price lists held.
3.3 The information contained in the price lists, catalogues and documents and promotional materials of ACERBIS have a mere indicative value and does not bind ACERBIS.
3.4 For the sale of customized products, the price list is only a valuation basis.
ART. 4 PRICES
4.1 All prices are:
- in GBP - nett of
• VAT and any other indirect tax in force at the time of delivery;
• Possible transport;
• charges for services requested by the customer.
ART. 5 DELIVERY
5.1 Each delivery is made ex works of ACERBIS
5.2 The Customer assumes charges and risks:
- relating to all transport operations
- other charges for services required and / or requested by the Customer.
5.3 If charges and risks will be incurred by ACERBIS, this will be done in the name and on behalf of the customer to which they will be charged.
5.4 Transportation costs incurred by ACERBIS on behalf of the Client will be charged on the invoice but only for orders of less than £150.00 (nett of Vat; Mainland UK). A charge may be levied on parcels of excessive weight. For offshore orders please request a shipping quote.
5.5 ACERBIS reserves the right to proceed with partial deliveries.
5.8 Special terms and conditions of delivery must be agreed in advance and accepted in writing by ACERBIS.
5.9 The terms of delivery are:
- maximum of 90 (ninety) days from the date of confirmation of the order;
- non-binding for ACERBIS;
5.10 ACERBIS reserves the right to cancel production and deliveries, in case of interruption and / or impediments in production for reasons not dependent on its will, without the Customer being entitled to any compensation.
5.11 We do not encourage dealers to request the direct despatch of products to their customers, however under special circumstances we will dispatch an urgent product direct. Products despatched will be via a courier and no liability for delivery will be accepted by ACERBIS.
ART. 6 SPECIAL OFFERS & ORDERS
6.1 Special offers. Orders will be processed, based on the actual availability of the Products up until stocks last.
6.2 There is no replacement of the products sold as offers.
6.3 All special offers/orders must be taken in full and cannot be cancelled after order has been accepted.
6.4 Back orders will be delivered at the earliest opportunity and can only be cancelled by prior agreement of ACERBIS.
ART. 7 CLAIM AND RETURNS
7.1 The Customer must immediately check the status and conformity of the products upon receipt / collection of the Products.
7.2 All claims relating to the conformity of products with respect to the order, also in terms of quantity and / or external appearance must be made upon receipt of the goods and communicated in writing to ACERBIS, no later than 8 (eight) days from receipt.
7.3 Claims for Products that have undergone any type of processing by the Customer maybe deemed not valid.
7.4 The return of the Products must be authorized by ACERBIS. The “pick-up” by ACERBIS of contested Products does not mean acceptance of claim. The Products returned by the Customer without authorization will be kept available to the Customer at his own risk with transportation costs included, storage and management charged to the Customer. The return of products to the Customer is subject to the rules governing the Delivery. ACERBIS reserve the right to levy a handling charge for returns that confirm to the original customer order.
7.5 Management of returns
• Any return agreements will take place for exchange of goods and not for credit note. We reserve the right to repair or replace where possible.
• Products subject to any special offer maybe excluded from the right of return.
• Returned products must arrive at the ACERBIS warehouse free of charge within and no later than 10 days. from the date of authorization of the return, with a copy of the original invoice.
• Returns must be received intact (including the packaging); returns in open or damaged packaging will not be accepted.
• Any possible unauthorized return will be rejected. Any “pick-up” does not constitute acceptance of the return.
• All non-accepted returns will remain the property of the Customer, at his disposal and will not be covered by any insurance.
• The accreditation of the returned and accepted goods will be made on the basis of the sale price to the Customer at the time of delivery.
7.6 Any claim can be examined only if the Customer is in order with the payments.
ART. 8 WARRANTY
8.1 ACERBIS guarantees the Products exclusively for any faults resulting from production defects.
8.2 ACERBIS guarantees the only material integrity of the Products at the time of delivery (hereinafter, the "ACERBIS Guarantee"). Any defects covered by the ACERBIS Guarantee must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery.
8.3 In case an ACERBIS Warranty, the Customer will have the right to the replacement of the damaged Products upon return of the faulty item.
8.4 The shipping costs necessary for the replacement of Products are the responsibility of ACERBIS.
8.5 The guarantees do not become effective if the Customer has not made a written complaint in the within the terms.
ART. 9 PAYMENT TERMS
9.1 ACERBIS reserves the right to revoke the payment terms granted to the Customer at any time.
9.2 If the Customer exceeds the commercial credit line, ACERBIS reserves the right to suspend the execution of all orders that exceed the value of the credit granted.
9.3 The Customer is obliged to pay for the Products ordered and delivered in compliance with the GSC.
9.4 Failure to pay, in whole or in part, by the Customer authorizes ACERBIS to suspend the execution of orders and deliveries of the Products available until the total payment of all amounts due, even if not expired have been made.
9.5 Failure to make payments in a timely and agreed schedule, authorizes ACERBIS to charge interest under HM County Courts act at 8% per annum.
9.6 Risk passes on receipt of goods, but title to goods remains the property of Acerbis until payment is received in full.
ART. 10 PATENTS, TRADEMARKS, DISTINCTIVE SIGNS, SOFTWARE
10.1 The Customer expressly acknowledges that the name of ACERBIS and its registered distinguishing marks, its graphic composition and the Know How related to the supplied products are the object of intellectual and industrial property of ACERBIS.
10.2 The Customer cannot, without the prior written authorization of ACERBIS, use, cancel, remove any indication regarding the patents, trademarks, trade names or originals affixed by ACERBIS on the products supplied.
10.3 It is expressly forbidden for the Customer to copy the products of ACERBIS without the prior written authorization.