General provisions

All our deliveries are subject to the following terms and conditions of delivery and payment of Ritab CNC S.R.L. or one of the companies affiliated with Ritab CNC S.R.L. (hereinafter referred to as “Ritab”). Any deviating agreement shall require our express written consent.

Offer

Our offers are subject to confirmation. The contract is only concluded by our written order confirmation or by execution of the order. Our offered prices are only valid as a package.

Prices

Our prices are net in EURO (EUR), excluding VAT, for delivery ex works, without packaging. The RON prices valid on the day of delivery will be charged.

Order confirmation

Changes to the order require our written consent. In case of an order cancellation, all costs incurred by us in connection with the order shall be borne by the customer.

Delivery quantity

We deliver exclusively in quantities confirmed by us. In the case of customer-specific products, we reserve the right to over- or under-deliver up to 10% of the ordered or confirmed delivery quantity for production-related reasons. Partial deliveries are generally permissible.

Delivery dates

Delivery dates are given to the best of our judgement. They are only binding if they are explicitly designated by us as binding or in an equally significant manner. If we are prevented from fulfilling the contract on time due to procurement, manufacturing or delivery disruptions at our company or at our suppliers, e.g. due to a lack of energy, material procurement difficulties, traffic disruptions, strikes, lockouts or the occurrence of unforeseeable events, the deadline shall be extended accordingly.

Claims for damages by the customer due to delay in delivery, as well as claims for damages in lieu of performance, shall always be limited to the amount of the order value.

In the event of ordinary negligence, we shall not be liable for consequential damages resulting from delayed or non-delivery, in particular not for lost profits of the purchaser or other production downtime costs.

Packing and shipping

Packaging shall be carried out in accordance with professional and commercial standards. Non-returnable packaging will not be taken back. Reusable packaging shall be returned to Ritab CNC S.R.L. by the customer at the customer’s expense. We shall select the most favorable shipping method for shipment, unless otherwise agreed.

Transfer of risk

The risk shall pass to the customer as soon as the goods leave our factory or our warehouse. All shipments, including any returns, travel at the risk of the purchaser.

Returns and credit notes

Returns may only be made with our consent. A credit note cannot be issued if the value of the goods is less than EUR 100,- for cost reasons. For the necessary inspection and repacking of the goods for the protection of the next purchaser, 15% of the value of the goods, but at least EUR 100, – must be retained. Customized products cannot be taken back.

Terms of payment, delays

Payments are to be made within 30 days after invoice date without deduction. Bank charges in the country of payment shall be borne by the customer. Bills of exchange will only be accepted free of charges and after special agreement. We reserve the right to demand security or advance payment. If this is not complied with, we may refuse delivery. However, the customer shall not be released from his obligation to accept delivery. If the purchaser defaults on payment, we shall be entitled to charge interest on arrears at a rate of at least 9% p.a. above the respective prime rate.

Retention of title

The delivered goods shall remain our property until all claims to which we are entitled have been fulfilled. In the event of combination with other parts, we shall acquire co-ownership of the new item in the ratio of the value of our parts to that of the other parts. It is hereby agreed that any claims arising from the resale of our property shall be assigned to us.

Material defects, liability

a) Material defects

Our deliveries are to be checked for their conformity with the contract upon receipt. Short or wrong deliveries, as well as any defects, are to be reported immediately upon receipt. In the case of hidden defects, a written complaint must be made no later than 10 days after discovery of the defect. If this deadline for notification is missed, claims for material defects can no longer be asserted.

Claims for material defects shall become statute-barred after 12 months, calculated from the date of transfer of risk. Excluded from the shortened limitation period are claims for damages due to injury to life, body or health or due to damage caused intentionally. For these, the statutory limitation period shall apply. Goods justifiably objected to shall be replaced or repaired by us free of charge within a reasonable period at our discretion (subsequent performance). If the subsequent performance fails or is impossible, the customer may withdraw from the contract or reduce the remuneration.

b) Liability

We shall be liable for both direct and indirect damages only to the extent that we are guilty of intent or gross negligence. The limitation of liability in sentence 1 shall not apply to claims under the Product Liability Act, in the event of injury to life, limb or health, in the event of the assumption of a guarantee or a procurement risk and for the breach of essential contractual obligations (so-called cardinal obligations). These are such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely. In cases of force majeure, Ritab rejects claims for damages.

Quality of the goods

The descriptions of our products are merely statements of quality and in no way constitute a guarantee unless this is expressly stated.

Tools

Tools made for the manufacturing of our products remain our property even if the customer contributes to the costs.

Place of performance and jurisdiction

The place of performance for delivery and payment as well as the place of jurisdiction shall be the respective place of business of the plant from which the delivery is made.

Changes

We reserve the right to make technical changes and improvements to our products.

Effectiveness

Should any of the above conditions be or become invalid, this shall not affect the validity of the remaining conditions. September, 2023