General terms of sale

Fluid Solution SAS

1. Subject
These general terms of sale exclusively govern and regulate the commercial sales relationships between FLUID Solution SAS and its customers, excluding any other agreement unless agreed in writing and signed by both parties.
2. Prices
All prices published by FLUID Solution SAS are exclusive of VAT and valid exclusively for orders of packaged materials; for products not sold in packages, FLUID Solution SAS reserves the right, if applicable, not to apply discounts. All prices and sales conditions will be submitted to the customer through an order confirmation. The customer is therefore required to verify and accept the prices related to the requested products present in the order confirmation which they will receive in advance by email before placing the order with FLUID Solution SAS. Prices may be changed without notice.
3. Orders
3.1. FLUID Solution SAS only accepts orders submitted in writing by email and reserves the right to confirm them. The receipt of the order does not bind FLUID Solution SAS until it has expressly accepted the order itself through explicit written confirmation.
3.2. FLUID Solution SAS is therefore not bound to orders that indicate sales conditions different from those stated in these “General Terms of Sale of FLUID Solution SAS,” unless it expressly adheres in writing to the conditions consensually agreed upon with the customer.
3.3. Each order must clearly state the correct description of the item, the relevant code, the price, any requested and/or granted discount as per the following art. 12, the delivery date, the delivery location, and the payment terms. In the case of an order linked to a specific offer, the buyer must indicate the reference of the latter; otherwise, the usual reserved conditions will be applied.
3.4. Any additional costs due to errors by FLUID Solution SAS in shipping the products or in drafting documents caused by errors or omissions by the buyer will be entirely borne by the latter.
3.5. For orders with a total amount (excluding VAT and transport) less than 500 (five hundred/00) Euros, payment must be made in advance before shipping.
3.6. For orders from companies with a legal office in a European Union country with a total amount (excluding VAT and transport) less than 500 (five hundred/00) Euros, a handling fee of 15.00 Euros will be charged. For orders from companies without a legal office in a European Union country with a total amount (excluding VAT and transport) less than 500 (five hundred/00) Euros, a handling fee of 150.00 Euros will be charged.
3.7. Confirmed orders cannot be canceled in any way.
4. Delivery Terms
4.1. Delivery terms will always be defined and confirmed in writing by FLUID Solution SAS upon receipt of the order, as even those indicated in specific offers are to be considered valid only at the time of their drafting.
4.2. Unless otherwise indicated by the customer, communicated in writing and accepted by FLUID Solution SAS always in writing, delivery terms are not to be considered mandatory, and therefore FLUID Solution SAS is not responsible for any direct or indirect damage or loss resulting from delayed or non-delivery of the product.
5. Shipping and Delivery Responsibility
5.1. Shipping will occur according to INCOTERMS® 2020 provisions and will always be EX-WORKS warehouse of FLUID Solution SAS in Cesena (Forlì) – Italy or EX-WORKS the manufacturer/supplier’s location of FLUID Solution SAS. If communicated in writing by the customer, the goods can be collected directly by the customer at the FLUID Solution SAS warehouse in Cesena (FC) or at the manufacturers’/suppliers’ locations of FLUID Solution SAS. In the absence of any communication, FLUID Solution SAS will proceed to dispatch the goods at its discretion.
5.2. Regardless of who chooses the means of transport and/or bears the expense, the delivery location will always be the warehouse of FLUID Solution SAS or its manufacturer/supplier. Therefore, the goods will travel at the buyer’s risk and peril.
5.3. Unless explicitly requested by the buyer and accepted in writing by FLUID Solution SAS, the goods will not be insured by FLUID Solution SAS during transport. Any insurance potentially arranged by FLUID Solution SAS at the buyer’s request is considered stipulated on behalf of the latter and does not contradict the validity of this clause; in such cases, FLUID Solution SAS will charge the related expense.
5.4. FLUID Solution SAS disclaims all responsibility from the moment the goods leave its warehouse or that of its manufacturer/supplier. Therefore, whoever collects the goods must ensure the good condition of the packages taken and their quantities, including packaging methods.
5.5. Upon delivery to the buyer, they must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancies, these must be immediately reported on the accompanying document, under penalty of forfeiture of their rights. Any shipping errors not detectable at the time of delivery must be reported exclusively in writing within 24 hours of the delivery date, under penalty of forfeiture.
6. Documentation
6.1. The documentation provided for each product will be the standard of FLUID Solution SAS or its manufacturer/supplier, consisting of the technical data sheet and the use and maintenance manual (safety data sheet for chemical products). Any additional documentation must be requested in writing on the order and, if existing and available, approved in writing by FLUID Solution SAS in the order confirmation according to the current price list for such documentation.
6.2. For any certifications and/or documents, if existing and available, requested after the order, a handling fee to be defined will be charged.
7. Invoicing
Invoicing of all material destined for you will be carried out on the day of dispatch unless you communicate otherwise.
8. Warranty
8.1. All items marketed by FLUID Solution SAS are covered by a warranty for a period of 1 (one) year from the date of purchase. The warranty is operative only and exclusively under the following conditions:
a) the buyer, within and no later than eight days from the delivery date, has carried out, at their premises, a quality control to be performed according to official methods or those indicated by the technical literature accompanying the product; b) the item/product is used according to the indications provided by the manufacturer/supplier and/or FLUID Solution SAS in the technical data sheets and the use and maintenance manual; c) installation and maintenance are carried out following the instructions of the manufacturer/supplier and/or FLUID Solution SAS provided in the technical data sheets and the use and maintenance manual, of which the customer now declares to be informed; d) the warranty replacement is carried out exclusively upon return of the defective material and after verifying the nature of the defect, which will be compared with the technical data available in the technical office database of FLUID Solution SAS or the manufacturer/supplier of FLUID Solution SAS, where the tests conducted on the products are stored;
8.2. The warranty is limited to the sole replacement of the recognized defective part and excludes any other right of the buyer to compensation for direct or indirect damages caused by the product itself;
8.3. The buyer undertakes to pay all labor costs necessary for the replacement of the product covered by the warranty. FLUID Solution undertakes to provide all the necessary remote assistance to facilitate the replacement.
8.4. The use of the product for purposes not permitted by law, regulations, or improper or incorrect use will result in the forfeiture of the product warranty.
8.5. The customer is required to verify the usability of the product and its compliance with regulatory and legislative standards in the state where the product is installed or used. FLUID Solution SAS is relieved of any responsibility in case of unauthorized or improper installation or use of the product.
8.6. It is also agreed that anyone purchasing material from FLUID Solution SAS fully accepts the manufacturer’s/supplier’s warranty conditions, which may be independent of the will of FLUID Solution SAS, of which the customer now declares to be informed, having previously reviewed and accepted them.
9. Supply Conditions
9.1. Supply conditions (discounts, delivery, and payment) will be agreed and confirmed in writing with the FLUID Solution SAS commercial office.
9.2. Failure to comply with the supply conditions by the customer will result, at the sole discretion of FLUID Solution SAS, in the suspension of any ongoing supplies and/or previously accepted orders.
9.3. In particular, FLUID Solution SAS reserves the right not to ship goods to customers with outstanding or late payments.
10. Returns and Goods
The return of goods can only be made after sending an exhaustive request and indications via email to FLUID Solution and must necessarily be approved in writing by FLUID Solution SAS under the conditions contained therein.
11. Technical Information
All technical information and measurements related to the products can be changed without notice. Every data is based on extensive experiences and research; however, it is the buyer’s obligation to always verify its correct correspondence to their needs and applications through direct field tests or pilot systems.
12. Price Discount
12.1. The customer has the right to request a discount from FLUID Solution SAS compared to the sales prices listed in the FLUID Solution SAS price lists. In such a case, the customer – in return for the obtained discount – expressly declares to accept the following sales conditions: a) the product warranty does not include damages caused by the product or services provided by FLUID Solution SAS for air, water, or soil pollution, nor damages affecting underground and underwater facilities; b) the warranty does not cover damages caused by the product or services provided by FLUID Solution SAS specifically for offshore installations or installations not firmly secured to the shore; c) the warranty does not include damages caused by the product or services provided by FLUID Solution SAS for interruptions or partial suspensions of industrial, professional, commercial, artisanal, agricultural, or private and public services; d) the warranty does not cover damages caused by the product or services provided by FLUID Solution SAS to products and things in general after delivery to third parties; e) the warranty does not cover expenses incurred by anyone in extrajudicial and judicial settings for fault and/or anomaly research; f) in any case, the customer now declares that, in the event of damages caused by goods purchased from FLUID Solution SAS, they waive any claim against them as they will only resort to direct claims against the materials manufacturer, as provided, among other things, by D.P.R. 24-5-1988, n. 224.
12.2. It is also agreed that whenever the product is sold at a discount from the list price of FLUID Solution SAS, the sales conditions of this art. 12 will apply without any exception.
13. Jurisdiction
For any disputes, the competent court will be that of Forlì, and the applicable law will be Italian law. For acceptance.