Sale Conditions
G E N E R A L T E R M S A N D C O N D I T I O N S O F S A L E A N D W A R R A N T Y
The following General Terms and Conditions of Sale form an integral and essential part of the sales offers and contracts (in any form and at any time stipulated) for products, components and/or accessories and/or services (“Products”) sold and/or supplied by Germanplast srl (“Supplier”) to the Customer and are applied as essential clauses of the same.
Each offer and related order confirmation, as well as any delivery from Germanplast srl, is understood to be subject to these GTC. Only the Special Conditions contained in individual sales offers and agreed upon between the Parties shall prevail over these GTC and may constitute an amendment or derogation to them.
These General Terms and Conditions of Sale shall apply to all further offers submitted to the Customer, even if not explicitly referenced.
Germanplast srl may agree to different and/or additional conditions compared to those set forth in these GTC only if such agreement is signed by both parties.
The possible inapplicability, nullity, invalidity, ineffectiveness, or annulment of any clause of these GTC, in whole or in part, shall not affect the validity of the remaining provisions, which shall remain fully effective. The Parties may renegotiate the invalid clause in good faith to reflect their original intentions as closely as possible.
Germanplast srl reserves the right to modify, supplement, or vary these GTC by attaching such changes to the offers or to any correspondence sent in writing to the Customer.
The title of these GTC and the headings of each article are for reference only and do not limit the content therein.
1. Orders and Confirmations
Any agreement, order, or clause that differs from these General Conditions of Sale must be confirmed in writing by Germanplast srl to be valid.
An order is considered finalized only upon receipt of the signed order confirmation, any approved layout, and the agreed deposit.
By accepting the offer of Germanplast srl and sending the order confirmation, the Customer accepts all the conditions and references included therein.
Orders or order changes made verbally or by phone must be confirmed in writing by the Customer. Otherwise, Germanplast srl accepts no responsibility for any errors or misunderstandings.
2. Sale of Used Machinery
Used machinery is offered “subject to prior sale” and sold “as seen and approved,” partially or fully reconditioned.
To reserve a machine, a security deposit is required, refundable only if the sale becomes impossible for reasons attributable to Germanplast.
In case of multiple deposits received for the same item, Germanplast reserves the right to choose to whom the sale will be confirmed, returning unused deposits without liability for bank charges or indirect damages.
3. Condition of Machinery and Liability
Information on used machines is provided based on the data received from the previous owner and/or the available documentation.
The level of reconditioning is defined case by case.
For new machines supplied by third-party partners, Germanplast accepts no liability for patent infringements or non-compliance with CE regulations.
4. Sale of New Machinery
Germanplast srl supplies machinery in accordance with the design data provided by the Customer.
If the actual data differ from those communicated, compromising the intended result, no liability shall be attributed to Germanplast srl, and any warranty provided will be void.
Approval of the technical drawing releases Germanplast srl from any responsibility regarding the plant design and/or construction of the equipment, as the Customer has given prior consent.
If, during the construction or upon receipt/installation of the equipment, changes are requested that deviate from the approved drawing, such modifications will be subject to further commercial agreements.
Germanplast srl reserves the right, at its sole discretion and without notice, to modify the technical specifications of the offer in order to improve the product.
5. Parts of Used Machinery
Machines sold as “parts of used machinery” may not be operated in the condition in which they are sold.
It is the sole responsibility of the Buyer to:
- complete the machine with all missing parts and safety devices;
- ensure compliance with national technical and safety standards;
- obtain the conformity certifications required by law.
6. Warranty
The Customer must notify Germanplast of any need to activate the warranty promptly by registered letter or certified email (PEC).
The warranty covers manufacturing defects:
- New machinery: limited 12-month warranty from the date of shipment.
- Used machinery: sold without warranty or with a limited warranty of 3, 4, or 6 months from the date of shipment, at Germanplast’s discretion.
This period is halved if the machinery operates more than 16 hours per day.
If commissioning takes place at the Customer’s site, the warranty starts from the actual startup only if performed by a Germanplast technician or under their supervision, and in any case within 2 months from delivery.
The warranty is void if the Buyer or a third party performs modifications or repairs without Germanplast’s written consent, or if the Buyer fails to notify Germanplast promptly of the issue and take action to prevent further damage.
The machine must not be used before our technician’s intervention or without our written authorization, or the warranty will be void.
Germanplast will repair or replace, at its discretion and as soon as possible (compatibly with pandemics or other restrictions), the parts of the machine covered by the warranty.
Motors, electrical and electronic components are covered by the manufacturer's warranty, which Germanplast will activate on behalf of the Customer.
Replaced parts become the property of Germanplast and must be returned upon request.
Replacement of parts does not extend the original machine warranty period.
Exclusions from warranty include:
- damage due to incorrect installation, improper use with materials not specified in the offer, tampering, normal wear and tear, negligence or inadequate maintenance, chemical or electrolytic influences, poor lubrication, misunderstanding of the user manual or training, operation in conditions different from those prescribed, or contrary to safety regulations;
- consumables and wear parts: electrical and mechanical components, blades, belts, screens, filters, bearings, bushings, supports (indicative and non-exhaustive list);
- repairs or replacements performed by the Customer without Germanplast’s prior written approval;
- any direct or indirect economic damages, including production loss, loss of profits, missed orders, contract violations, or third-party claims;
- missed payment deadlines.
Warranty is ex works (11020 Issogne).
If the Customer is unable to send the defective part to our factory, Germanplast may evaluate the feasibility of on-site intervention. In such cases:
- Germanplast covers labor and replacement materials under warranty;
- Customer covers travel expenses, travel time, idle waiting time, transport, disassembly/reassembly operations, lifting equipment, and consumables.
If the defect is not covered by warranty, the Customer will also bear the costs of parts and labor.
During the warranty period, Germanplast srl undertakes to repair, replace, or modify at its sole discretion any defective material to restore the supply to contractual conditions.
The warranty is strictly limited to what is described in this article, for the stated period, and without any further liability on the part of Germanplast srl.
7. Testing
The machines are tested at Germanplast srl’s facility before delivery or shipment, and the Customer is always invited to attend personally or through a designated representative.
Failure to attend implies unconditional acceptance of the supply, subject only to the warranty conditions described in Article 6.
Germanplast srl reserves the right to conduct an on-site inspection to verify correct installation and may take photographic or video documentation for its electronic archives.
8. Training
When personnel training is offered, Germanplast srl strongly recommends not to underestimate its importance.
The Customer must appoint one or more dedicated operators who will attend the training and make full use of the allocated time.
Inadequate training may cause malfunctions or misuse for which Germanplast cannot be held responsible.
Customers are encouraged to send a technician to observe the machine disassembly before shipment, to facilitate reassembly at the destination.
9. Manuals and Documentation
Technical manuals may be provided in a language different from the destination country.
It is the Customer’s responsibility to ensure that all operators, regardless of language, have read and understood the manual before starting up the machine.
Documents may be supplied in digital format.
10. Delivery and Transport
Deliveries are ex works (EXW - Incoterms) unless otherwise agreed. Germanplast srl can deliver DAP, FOB, or CIF with a specific quote.
Delivery dates are approximate and not essential terms. Delays caused by external events (wars, pandemics, third-party supplier delays, force majeure) do not entitle the Customer to compensation for loss of profit.
Delivery timelines begin once the order confirmation, signed layout, and payment balance are received.
Goods travel at the Customer’s risk, even if transportation is arranged by Germanplast. Insurance will only be taken out upon written request and at the Customer’s expense.
11. Prices and Payments
Prices are expressed in euros, ex works, net of VAT, packaging, transport, and any other charges, unless otherwise agreed in writing.
Payment must be made in advance by bank transfer. Cheques or bills of exchange are not accepted.
Germanplast srl is available to invoice a leasing company chosen by the Customer.
If the order is cancelled after the deposit has been paid, Germanplast will retain the costs incurred up to that point.
If the deposit does not cover such costs, Germanplast reserves the right to demand the full balance plus interest at the current prime rate plus 5 percentage points.
If the Customer fails to settle the balance within 60 days from when the goods are made available, Germanplast srl will retain both the deposit and the goods.
Payments must be made net of all charges, commissions, discounts, or taxes, directly to the bank account of Germanplast srl, and by the agreed deadlines, regardless of the agreed payment method, unless expressly agreed otherwise in writing by Germanplast srl.
Any objections by the Customer regarding alleged breaches of contract by Germanplast srl, defects in the goods, or delivery delays do not entitle the Customer to withhold payment.
No claim or legal action may be made unless the Customer has first paid all amounts due in full.
Once the agreed payment deadlines have passed, Germanplast srl is entitled to charge default interest at the prime rate plus 5 percentage points.
The Buyer agrees to pay the ordered goods even in the event of delays, damage, or total/partial loss during transport.
The Buyer is also obliged to pay for goods ordered but not collected, and cannot suspend payment in case of complaints or disputes of any kind.
12. Retention of Title (Italian Law – Articles 1523 et seq. Civil Code)
Ownership of the goods sold remains with Germanplast until the full payment of the purchase price.
The risk of loss, damage, or deterioration passes to the Customer upon delivery.
In case of damage, theft, fire, misuse, or negligence that compromise the value of the goods—even if not yet paid—the Customer is still obliged to pay the full agreed price, without prejudice to Germanplast’s right to seek termination of the contract and damages.
The Customer shall be considered a trustee of the goods, which remain the property of Germanplast srl, and is forbidden from transferring them to third parties under any title.
It is agreed that the contract shall be considered automatically terminated if one of the payment instalments is not paid on time.
In such cases, payments already made will be retained by Germanplast srl as compensation, without prejudice to the right to claim additional damages.
Bankruptcy or insolvency proceedings shall not affect Germanplast’s right to reclaim or remove the goods sold.
13. Claims and Returns
Any complaints or disputes must be communicated only by registered letter or certified email (PEC)—possibly also anticipated by regular email—within eight (8) days from receipt of the goods, under penalty of forfeiture.
It is understood that complaints regarding a single delivery shall not affect the remainder of the order or any other deliveries, nor shall they justify non-payment for undisputed goods.
Germanplast srl’s obligation is limited to replacing the defective parts, as specified in Article 6.
Shipping and customs costs for returns are borne by the Customer.
14. Termination of Contract
Germanplast srl reserves the right to terminate the contract in the following cases:
a) failure or delay in payment of more than 60 days;
b) failure to properly prepare the premises and installation areas within 60 days;
c) tampering with the Products or components sold;
d) unauthorized transfer of the contract;
e) Customer’s bankruptcy or other insolvency proceedings;
f) substantial changes in the Customer’s financial situation or creditworthiness;
g) major corporate changes (e.g. transfer of business, spin-off, split from group, etc.).
In such cases, termination will occur through written communication from Germanplast srl, sent by PEC or registered mail to the Customer’s address.
The goods must be returned, and Germanplast may retain any sums received as a deposit, without prejudice to further claims for damages.
15. Prohibition of Assignment
The Customer may not assign the contract or any of its obligations, even partially, to third parties unless expressly authorized in writing by Germanplast srl.
16. Express Termination Clause
In the event of breach or non-compliance by the Customer with one or more clauses of these GTC or the Special Conditions, especially Articles 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, and 19,
Germanplast srl reserves the right to terminate the contract pursuant to Article 1456 of the Italian Civil Code, by registered letter or certified email (PEC),
without prejudice to its right to claim compensation for any damages.
17. Privacy
Customer data will be processed in accordance with Italian law and EU Regulation 2016/679 (GDPR).
For the full privacy policy, please refer to the Privacy page on www.germanplast.com.
18. Export
Germanplast is not responsible if export authorizations are not granted or if the goods cannot be used in the Customer’s country.
19. Jurisdiction and Applicable Law
For any disputes, the Parties agree that the Court of Biella (13900) shall have exclusive jurisdiction.
This jurisdiction cannot be waived for reasons of connection or related litigation.
Any dispute will be governed by Italian law.
20. Acceptance of Terms
All clauses of the contract are considered interdependent, and failure to comply with even a single clause shall be deemed a breach of the entire contract, entitling Germanplast srl to terminate the agreement for non-performance.
Date_____________Signed and stamped in acceptance of above conditions, without reservation_______
In accordance with articles 1341 et seq. of the Italian Civil Code, the Client declares that they have read and expressly accepted the following clauses:
1. Orders and confirmations
2. Sale of used machines
3. Condition of the machines and liability
6. Warranty
7. Testing
8. Training
10. Delivery and transport
11. Prices and Payments
12. Retention of title (Italian law – Articles 1523 et seq. of the Civil Code)
13. Complaints and Returns
19. Jurisdiction and Applicable Law
20. Acceptance of Terms
Date_____________Signed and stamped in acceptance of above conditions, without reservation_______