{"id":746,"date":"2022-12-18T20:18:30","date_gmt":"2022-12-18T20:18:30","guid":{"rendered":"https:\/\/picov.eu\/?page_id=746"},"modified":"2023-03-03T13:38:13","modified_gmt":"2023-03-03T13:38:13","slug":"condizioni-di-vendita","status":"publish","type":"page","link":"https:\/\/picov.eu\/en\/condizioni-di-vendita\/","title":{"rendered":"Condizioni di vendita"},"content":{"rendered":"
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General Terms and Conditions of Sale and Supply<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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General Terms and Conditions of Sale and Supply of Picov srl Registered Office in\nViale delle Nazioni, 10 37135 Verona (VR)<\/strong><\/p>

1. Commencement and Scope of Application.<\/strong>
\n1.1 With effect from 12 September 2022, all sales of goods and deliveries made by Picov\nsrl will be subject exclusively to these General Terms and Conditions of Sale and Supply\n(hereinafter referred to as \"the GTCS\"), insofar as they are not modified by specific\nindividual written agreements.
\n1.2 General terms and conditions of the contracting party that contradict these GTC shall\nonly apply insofar as Picov srl expressly approves them in writing. The following General\nTerms and Conditions of Business apply to all sales of goods and supplies performed by\nPicov srl, insofar as the wording of the order confirmation does not include different\nprovisions or insofar as different provisions have not been agreed in writing by the parties\non an individual contractual basis.
\n1.3 Picov srl reserves the right to amend these GTC at any time.<\/p>

2. Price List and Offers<\/strong>
\n2.1 Price information and other terms and conditions displayed in catalogues, brochures\nand price lists merely represent invitations to submit offers; they are limited in time in\naccordance with the information printed below and can be changed without prior\nnotification once this period has expired.\n
2.2 The validity of our offers is limited to 10 (ten) days from the date of the offer, unless\notherwise agreed upon in writing between the parties.\n
2.3 Offers are only applicable to the respective recipients.<\/p>

3. Prices and order volumes.<\/strong>
\n3.1 Delivery and sales prices are shown incoterms EXW in Euro, unless otherwise agreed.\nThe statutory VAT shall be added to the prices, if applicable, as well as any statutory taxes,\ncharges and fees.\n
3.2 Orders received by the contractual partner are subject to the prices and conditions\nvalid on the day the order is registered.<\/p>

4. Payment.<\/strong>
\n4.1 Payments shall be made within 10-30 (ten- thirty) days from the invoice date. Cheques\nare only considered received when they have been credited.\n
\n4.2 Picov srl does not accept bills of exchange or other methods of payment.\n
4.3 Picov srl may demand advance payment or an irrevocable guarantee at any time or\nmay insist on other payment procedures. The resulting costs shall be borne by the\ncontracting party.\n
4.4 Picov srl shall be entitled to refuse delivery if it becomes apparent after conclusion of\nthe contract that its right to payment for delivery is endangered by the inability of the\ncontractual partner to pay. This right to refuse performance may be waived if payment is\nmade or if the contracting party provides adequate collateral. Picov srl shall be entitled to\nimpose a reasonable deadline on the contracting party by which the contracting party must\neither perform the payment simultaneously with the delivery or provide collateral for the\ndelivery. Following the unsuccessful expiry of the deadline, Picov srl shall be authorised to\nrescind the contract without delay, without this having any compensatory consequences\nfor Picov srl.<\/p>

5. Default of payment and collection.<\/strong>
\n5.1 Upon expiry of the payment period specified in\nparagraph 4.1, the contracting party shall be\nconsidered to be in default. In this case, default\ninterest of 8 per cent per annum shall be due, in\naddition to reimbursement of the costs incurred in\ncollecting the arrears, including legal and court\ncosts.
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5.2 The default of the contracting party authorises\nCorag Doo to suspend all current and future\nsupplies of any kind, to withdraw from the\ncontract, to demand the return of the products\nsupplied or, following written notification, to\nwithdraw these products with immediate effect, to\nrescind any legal agreement without further\nformalities and to claim compensation for further\nlosses.<\/p>

6. Scope of delivery, expiry of delivery, partial\ndeliveries and return of packaging.<\/strong>
\n6.1 The products are CE DVI-certified if required by our suppliers.\n
6.2 The products have previously been subjected to standard tests that ensure normal\nfunction. For further tests that go beyond standard tests, Picov srl shall demand cover the\nadditional costs.\n
6.3 Independently of the causes, the contracting party shall not acquire any claims against\nPicov srl arising from delays or non-delivery.\n
6.4 The information provided by Picov srl regarding the weight and dimensions of the\nproducts merely represent approximate values. Until the moment of delivery our company\nshall not be responsible for these values.\n
6.5 Picov srl reserves the right to fulfil orders even partially. For each supply, even partial,\na regular invoice shall be issued, including transport costs.<\/p>

7. Transport.<\/strong>
\n7.1 The goods shall be supplied according to the terms and conditions agreed in the offer.\n
7.2 Transport may be carried out at the expense of the contracting party or at the expense\nof Picov srl.\n
7.3 The party performing the transport is responsible for both the transport and the\ntransport documents, means of transport and transport routes.\n
7.4 If the transport is carried out by Picov srl our company, the costs shall be charged on\nthe invoice as a lump sum in accordance with the offer.\n
7.5 The party performing the transport shall be responsible for insuring the transport.\nWhere explicitly agreed in the offer, Picov srl assures transport in Italy, the EU and\ncountries outside the EU, except for countries for which special conditions apply (so-called\nsanction countries).<\/p>

8. Transfer of risk and compliance with control\nregulations.<\/strong>
\n8.1 The risk of destruction, loss of or damage to the goods shall be transferred to the\ncontracting party as soon as the goods have been taken out for transport\/shipment. If for\nany possible reason the goods are returned to Picov srl then the risk and liability shall be\nretained by the contracting party until they have been received by Picov srl.\n
8.2 Insofar as the relevant applicable law does not stipulate otherwise, the contracting\nparty shall in any case be exclusively responsible for observing all regulations and\nformalities for export, import, transit and control.<\/p>

9. Checks and notification of defects<\/strong>
\n9.1 The contracting party shall inspect the products (quality and quantity) at its own\nexpense.\n
9.2 In the case of visible defects, the contractual partner must notify Picov srl in writing\nwithout delay after receipt of the products, at the latest within 10 (ten) days after receipt of\nthe goods, describing the defects in detail. Transport damage and shortages in the delivery\nshall be reported immediately in writing to the haulage company and the forwarding agent.\n
9.3 Hidden defects shall be reported in writing immediately after their discovery, at the\nlatest within 10 (ten) days after discovery, describing the defects in detail.\n
9.4 If the contractual partner fails to draw up the correct notice of defects, then the product\nshall be deemed to have been approved without reservation.\n
9.5 In the case of defective goods, Picov srl may, at its own discretion, replace the goods\nor refuse to perform if this involves disproportionate costs.\n
\n9.6 Claims made by the contractual partner as a result of defects are excluded in the case\nof minor material defects.<\/p>

10. Force majeure, contractual impediments<\/strong>
\n10.1 Force majeure of any kind, unforeseeable interruptions in operation, transport or\ndelivery, fire damage, flooding, unforeseeable shortages of fuel, energy, raw or auxiliary\nmaterials, legal strikes, legal lockouts official orders or measures or other impediments for\nwhich the party owing performance is not responsible, which delay or prevent production,\ndispatch, delivery or acceptance or make them unreasonable, shall release our company\nfrom the obligation to perform the delivery or acceptance for the duration and scope of the\ninconvenience. This shall also apply if circumstances occur regarding suppliers.\n
10.2 Nor shall Picov srl be held liable for the above circumstances if they occur during an\nalready existing condition of non-performance. If delivery or acceptance is delayed by\nmore than 8 (eight) weeks as a result of the inconvenience, then both parties are entitled\nto withdraw, subject to written notice to the other party.<\/p>

11. Warranty.<\/strong>
\n11.1 Picov srl guarantees that its products are free from material and manufacturing\ndefects.\n
11.2 The warranty period is 12 (twelve) months. The guarantee period begins with the date\nof delivery of the goods.\n
11.3 Consumables, such as medical tips, have a limited service life in consideration of use.\nFor this reason, the guarantee is excluded for natural wear and tear or improper use.\n
11.4 No warranty replacement shall be made for damage that is not reported by the\ncustomer as transport damage immediately after receipt of the goods.\n
11.5 In the event of replacement, the guarantee shall not be interrupted, but the original\nguarantee period shall continue.\n
11.6 The party shall lose its rights:\n
a) for damage resulting from improper installation, storage or use of the product.\n
b) if the damage was caused by the impact of force majeure (e.g. accident);\n
c) if the products or parts thereof are not adjusted, modified, repaired or overhauled by us\nor by specialists authorised by us.\n
d) if the customer is unable to provide the batch number and purchase documents.\n
11.7 Any party asserting a warranty claim shall be obliged to prove that the product defect\nwas caused by material or production defects.\n
\n11.8 If the contracting party claims a guarantee right, then it must provide Picov srl with a\ncopy of the invoice and the transport document and notify us of the product purchased, its\nbatch number, the date of dispatch and the nature of the problem. Once all this has been\ndone, the instructions given by Picov srl for the settlement of the matter must be observed.\nIn addition, the following provisions shall apply:\n
a) If the product is to be returned to Picov srl the contracting party is responsible for the\nproper packaging of the product, bears the risk during transport and assumes the costs\ninvolved.\n
b) Picov srl will not accept any return that does not contain a copy of the original invoice\nand without prior authorisation to return the product. The product return authorisation\nnumber must be clearly specified on the packaging and transport documents. All costs\nresulting from actions taken unilaterally by the contracting party shall be borne by the\ncontracting party.\n
c) If products or parts thereof have been exposed to radioactive, microbiological or other\ncontamination, then this must be declared accordingly and these products or parts must be\ndecontaminated before being returned. If this has not been done properly, then Picov srl\nmay - at the expense of the contracting party - return these products or these parts or may\ndecontaminate them itself: in this case the contracting party shall also be obliged to bear\nall further damages.<\/p>

12. Liability.<\/strong>
\n12.1 Liability on the part of Picov srl - regardless of the legal basis on which it is claimed -\ncan only be established if the loss was caused by the breach of an essential contractual\nobligation or is attributable to gross negligence or wilful intent on the part of our company\nand we are not liable in cases of slight negligence.\n
12.2 To the extent that the liability of Picov srl is excluded or limited, this also applies to the\npersonal liability of its employees, representatives, vicarious agents or other possible\nsubstitutes.\n
12.3 Picov srl is not responsible for the consequences of incorrect use nor for defects\nwhich are based on the incorrect use of the products or caused by transport.\n
12.4 Any material or legal guarantee or warranty with regard to losses of any kind (e.g.\ndirect and indirect losses) which exceed the warranty and liability provisions will be\nexcluded - to the extent permitted by law. Picov srl shall not assume any liability that its\nproducts are suitable for the intended purpose of the contracting party.\n
12.5 The contracting party is obliged to ensure that the legal obligations are fulfilled before\nthe goods sold by Picov srl abroad are put into service.<\/p>

13. Withdrawal and compensation in lieu of performance<\/strong>
\n\n13.1 If Picov srl fails to provide a due performance, or if Picov srl fails to provide this in\naccordance with the contractual provisions, then the contracting party shall have the right\nto withdraw from the agreement.\n
13.2 If Picov srl has still not provided the service within the time limit set by the order\nimposed by the contracting party, or has not provided this service in accordance with the\ncontractual provisions, then Picov srl may request the contracting party to declare, within a\nreasonable time limit, whether it still insists on providing the service. Picov srl shall not be\nobliged to provide the service before the contracting party has communicated its decision.\n
13.3 In any case withdrawal may not be communicated later than 60 days after receipt of\nthe order.<\/p>

14. Orders and return shipments of incorrectly\nordered goods<\/strong>
\n14.1 Picov srl requires the following information for orders:\n
1. Customer number (in the case of existing customers);\n
2. Names of the company and the person in charge;\n
3. Telephone and fax numbers of the ordering party\n
4. Order date and order number;\n
5. Product designations and product numbers\n
6. Quantity;\n
7. Prices;\n
8. Billing address and delivery address;\n
9. Additional information, e.g. regarding delivery details or partial deliveries.\n
10. Acceptance of the Privacy Conditions.\n
14.2 Returns of goods will not be accepted for reasons other than errors committed by\nPicov srl or faults in the goods.<\/p>

15. Restrictions on use.<\/strong>
\n15.1 The products supplied by Corag Doo must be\nused by specially trained personnel and on\ncompatible machinery.<\/p>

16. Intellectual Property.<\/strong>
\n16.1 Any intellectual property (such as, for example, registered trademarks or company\ndesignations) shall be retained by Picov srl\n
\n16.2 The contracting party may not use the intellectual property of Picov srl without the\nprior written permission of Picov srl. The use of advertising material of Picov srl remains\nreserved.\n
16.3 Should third parties claim that their intellectual property is infringed by products of\nPicov srl then the contracting party must inform Picov srl of this fact without delay in\nwriting. The contracting party shall assist Picov srl in defending itself against such claims\nto the best of its ability and in accordance with the instructions of Picov srl. Picov srl shall\nnot be liable to the contracting party for any damages resulting from such alleged or actual\nbreaches.\n
16.4 Should the contracting party ascertain a possible infringement of Picov srl intellectual\nproperty, then it must inform Picov srl of this fact without delay in writing and must assist\nPicov srl in safeguarding its rights to the best of its ability and in accordance with Picov srl\ninstructions.\n
16.5 The contracting party guarantees that the manufacture of products in accordance with\nthe specifications, drawings, instructions or technical data stipulated by the contracting\nparty will not cause Picov srl to infringe any intellectual property rights. It shall be fully\nliable for all consequences resulting from any alleged or actual infringement.<\/p>

17. Confidentiality.<\/strong>
\n17.1 The contracting party shall - even after the end of the business relationship - treat all\ndetails of its business relationship with Picov srl, as well as its trade secrets, in strict\nconfidence. It shall also impose this obligation on its managers, employees and legally\ninvolved third parties. Offers made by Picov srl shall also be deemed to be of a confidential\nnature. Any breach of this obligation shall entitle Picov srl to claim compensation and to\nwithdraw from the legal agreement with immediate effect.<\/p>

18. Reservation of Ownership.<\/strong>
\n18.1 Ownership of all products sold shall be retained by Picov srl until Picov srl has\nreceived the full sales piece.\n
18.2 The contracting party shall treat all goods subject to retention of title with due care. It\nis obliged to insure the goods subject to retention of title adequately at its own expense\nagainst fire, water or theft damage for their new value and shall assign in advance to Picov\nsrl its claims for compensation arising from these insurance agreements.<\/p>

19. Place of Performance.<\/strong>
\n19.1 The place of performance for all obligations\nof the contracting parties is Verona 37135, Viale\ndelle Nazioni 10, Italy.<\/p>

20. Miscellaneous Provisions.<\/strong>
\n20.1 All agreements between Picov srl and the contracting party regarding the execution of\nsales of the goods must be made in writing in order to be valid (validity requirement).\n
20.2 The waiver of the written form requirement shall only be valid in writing.\n
20.3 The contracting party may not transfer his claims against Picov srl to third parties.\n
20.4 Picov srl may use the services of third parties in order to fulfil its obligations.\n
20.5 Communications must be addressed to Picov srl Viale delle Nazioni, 10 a 37135\nVerona (VR) Italia.\n
20.6 Picov srl reserves the text in Italian and Italian Law with the Court Foro Verona.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Condizioni e Modalit\u00e0 Generali di Vendita Condizioni e Modalit\u00e0 Generali di Vendita e Fornitura di Picov srl con sede legale in Viale delle Nazioni, 10 37135 Verona (VR) 1. Inizio e ambito di applicazione.1.1 Con effetto dal 12 settembre 2022 tutte le vendite di merci e le consegne eseguite dalla Picov srl saranno soggette esclusivamente […]<\/p>","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-746","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/pages\/746","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/comments?post=746"}],"version-history":[{"count":19,"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/pages\/746\/revisions"}],"predecessor-version":[{"id":1135,"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/pages\/746\/revisions\/1135"}],"wp:attachment":[{"href":"https:\/\/picov.eu\/en\/wp-json\/wp\/v2\/media?parent=746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}