GENERAL SALE TERMS
1. Orders. Orders are accepted in accordance with the Think:Water general sale terms reported below, without any exceptions. Any terms inserted by the buyer, which are in conflict with the Think:Water general sale terms, shall be considered invalid and shall not be accepted in writing by the same. Orders received are deemed confirmed and validated if within three working days from the date of receipt of the order, no correspondence is received by the sales department. 2. Prices.Unless otherwise agreed, the agreed prices are intended as ex-works net of VAT and transport. 3. Payment.For payment deadlines, the individual invoice dates shall be considered, even if they represent the partial fulfilment of an order or contract. All payments must be made at the Think:Water head office. Failure to pay or delayed payment, even if partial and regardless of the reason, shall give Think:Water the right to cancel the delivery of any goods not yet dispatched, even if said goods are due based on other contracts. Invoices not disputed within eight days of their receipt shall be intended as accepted. Interest shall be applied to late payments at the rate established by Legislative Decree no. 231, 9th October 2002. 4. Deliveries.Should the means of delivery not be indicated, the choice shall rest with Think:Water, which shall make a decision without assuming any responsibility. Any delivery delays shall not be attributable to Think:Water and as a consequence shall not affect payment in any way. Failure or delay in fulfilling part or all of an unconfirmed order by Think:Water shall not give rise to any claims by the buyer. The delivery deadline indicated in the order is not of a binding nature and is valid only as an approximate indication; any delays shall not give rise to the buyer’s right to any form of compensation or indemnity. The buyer shall be obliged to check the condition of the packaging upon receipt, reporting any reservations on the transport document. Such reservations must be notified by the buyer to Think:Water within eight days. 5. Transport.The goods are transported at the risk and peril of the buyer. 6. Claims.Any claims in relation to defects or faults must be received by Think:Water within eight days of receiving the goods. Hidden defects on the other hand must be reported within eight days of their discovery. Hidden implies those defects which, despite the attentive and complete inspection necessarily performed by the recipient at the time of delivery, cannot by their nature be revealed. Think:Water liability is limited to the replacement of defective goods or parts thereof, excluding all rights to the dissolution of the contract or a reduction of the price as compensation for damages. In any case, returned goods shall not be accepted unless previously authorised in writing by Think:Water and sent “carriage paid”. In the absence of written authorisation, any returns shall be rejected at the expense of the buyer. In applying the “solve et repete” principle, claims and reports shall be examined after payment for the supply has been made. 7. Penalty fee.SIt remains implied that Think:Water shall not accept “returns” for goods ordered incorrectly. In case of acceptance of “returns” for goods ordered incorrectly, 10% of the returned value shall be charged as partial compensation. 8. Liability for patent infringement.Think:Water shall not be held liable for the infringement of patents that may be contested on the supplied materials. 9. Retention of title.The goods shall be delivered with retention of title pursuant to article 1523 of the Italian Civil Code. 10. New products and Catalogue.New product lines shall be presented to the buyer by the sales network. The latest catalogue issued proposes the range of products available at the time of publication. The data and illustrations in our catalogues and price lists are non-binding and may be subject to changes deemed appropriate by Think:Water. 11. Withdrawal.In cases of the application of Legislative Decree n. 50 of January 1992, Legislative Decree no. 185 of 22nd May 1999 and Legislative Decree no. 70 of 9th April 2003 and only in said hypotheses, the buyer – consumer shall be entitled to exercise the right of withdrawal within ten days of the stipulation of the contract by way of a registered letter with return receipt or by way of a telex, telegram or facsimile, provided it is followed up by a registered letter with return receipt within the following 48 hours. Communication of the intention to withdraw, within the aforementioned time period, must be addressed to Think:Water via delle Pezze 35 35013 Cittadella (PD). The buyer – consumer must return the supplied good promptly and in any case not after the deadline for the return established by Legislative Decree no. 50 of 15th January 1992 and by Legislative Decree no. 185 of 22nd May 1999, to Think:Water via delle Pezze 35 35013 Cittadella (PD). Shipping costs shall be at the expense of the buyer – consumer. Within the period established by Legislative Decree no. 50 of 15th January 1992 and by Legislative Decree no. 185 of 22nd May 1999, Think:Water shall see to the reimbursement of any amounts already received from the buyer-consumer, with the sole exception of any ancillary costs eventually agreed upon. 12. Warranty.The general warranty is valid for 12 months from the date the material is shipped. The warranty covers manufacturing defects of the material produced by Think:Water. The warranty is limited to the repair or replacement of components acknowledged as defective by Think:Water. Under no circumstances does the warranty imply the possibility to claim for damages. The warranty does not cover failures caused by incorrect electrical connections, by the lack of suitable protection, by defective installations, by false manoeuvres and negligent handling of the system by the installer, poor functionality caused by installations not carried out in accordance with best practices or in unsuitable operating environments and conditions, or cases in which buyer payments are not in good standing. The warranty does not cover materials subject to wear, accessories such as tubes, taps and all else not directly manufactured by Think:Water. Moreover, the warranty shall not cover any materials dismantled, repaired or tampered with by others that have not been expressly authorised to do so by Think:Water. The defective material must be returned to Think:Water subject to the authorisation of the latter’s RMA as carriage paid, and following acknowledgement of the defect by Think:Water, the component shall be returned to the buyer as carriage forward; this means that the transport expenses associated with the repair or replacement operations shall remain at the sole expense of the Buyer. 13. Jurisdiction.Dispute resolution shall be governed exclusively by the court of Padua.