SUBJECT AND SCOPE OF APPLICATION OF THESE GENERAL CONDITIONS
These general conditions govern all current and future contract relationships between the parties.
Instead, unless specifically approved in writing by PROMASK, general or special non-conforming conditions reported or recalled by the Customer in his/her communications to PROMASK shall be considered void.
The supply contract is executed with the written confirmation of acceptance of the order by PROMASK.
TECHNICAL DATA, DRAWINGS, AND DOCUMENTS RELEVANT TO THE SUPPLY
Data and illustrations from catalogues, brochures, memos or other PROMASK documents are purely indicative. These data do not imply any obligation unless explicitly mentioned as such in the order confirmation by PROMASK.
PROMASK reserves the faculty to modify at any time its products as deemed necessary, with no obligation to inform the Customer.
Should the Customer propose modifications to the products, for such modifications to become mandatory there shall be a full written agreement between the parties on the variations that such modifications might cause on the previously agreed prices and delivery times. Moreover, prices might be subject to changes when the quantities ordered are reduced or when delivery times are required shorter than those agreed.
Delivery terms are purely indicative and are counted on a working days basis. PROMASK does not take any responsibility toward the Customer or third parties for any delays.
Unless otherwise agreed between the parties, delivery times start from the moment of execution of the contract.
EXECUTION OF THE CONTRACT
Unless otherwise agreed, payments shall be made by the Customer within the terms established in the written acceptance of the order by PROMASK to the PROMASK registered office or to the bank identified by PROMASK: in case of delay, the Customer shall pay the deferred interests that will be counted with full rights and with no need for issuance of a formal notice of default, according to the official discount rate current in PROMASK’s country increased by seven points, without prejudice to PROMASK’s right to request reimbursement for greater damage as well as the cancellation of the contract.
PROMASK keeps ownership of the supplied products until they are paid in full.
All supply contracts signed with customers abroad and regulated by these general conditions are governed by the Italian Law.
For any dispute between the parties relevant to the execution, interpretation, validity, resolution, and cancellation of supply contracts, where the action is brought by the Customer, the competent court is the Court of Brescia; should instead the action be brought by PROMASK, the competent court, in addition to the Court of Brescia, is any other Court designated by the law.