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GENERAL TERMS OF SALE

INTRODUCTION: the detailed description of the sales procedure normally adopted by our Company is
essential for good relations with our clients and can help to avoid misunderstandings.
It is therefore stated that, saving agreement otherwise expressly stipulated in our order confirmation, sales will
be governed by the following conditions. These supersede any other different conditions printed on the
request for offer, on the order, and/or in the buyer’s correspondence. Any order made to our company implies
the unconditional agreement to the following general conditions by the buyer.
OFFERS: offers made by our company have a validity of 30 days from the date of notification.
Whenever the offer has a period of validity, our company undertakes to accept it if the client’s confirmation is
given within the period of time fixed. If the confirmation reaches us after the period fixed, our company
reserves the right to refuse the confirmation.
If an offer is subject to availability in the warehouse, the offer is understood as barring the pervious sale of the
goods.
ORDERS: every order must include all the data for the precise identification of the product. This
includes the reference number and any other relevant information. The company cannot accept any
responsibility for errors and/or delays in the supply of orders caused by incomplete specification of the
product.
DELIVERY: the delivery time begins from the time of our company’s acceptance of an order. This time
is indicative and no compensation can be claimed for any case of late delivery.
Whenever binding delivery terms are agreed, these can be subject to causes beyond our company’s control,
which include strikes, fires, machine faults, delays in supply of materials, etc. In every case the delivery period is
fulfilled upon the communication of the goods ready for transport.
Our company reserves the right to partially or totally annul the contract and/or to deliver the prepared goods
at the expense of the buyer to the known address of the buyer whenever :
15 days have passed from the date of communication of goods ready for delivery and the buyer has not
provided for the collection of the materials ;
our company has not been able to organise delivery due to lack of instructions from the buyer.
WARRANTY: our company does not accept any responsibility, excepting agreement, regarding any
the applications or operations to which the materials supplied by us will be subjected by the buyer or on his
behalf.
The guarantee is valid for 12 (twelve) months or 1500 hours from the time of delivery. Our company undertakes
to replace free, EXW, any materials returned to us for defects in quality or manufacturing.
Parts subject to wear and tear are not included in the guarantee.
The guarantee does not apply if the parts in question have been tampered with in any way.
TERMS OF PAYMENT: goods are payable within 30 days of the invoice date. Any delays in payment of
our invoice beyond the dates agreed results in the immediate application of the current official rate of
interest.
Complaints regarding invoices and/or statements of account must be sent by registered mail within 10 days of
the reception of said documents.
In any case, complaints or contestations do not give the buyer the right to suspend payment of the invoice
relating to the contested goods.
In cases of insolvency, suspension of payments, contested bills of exchange or cheques, etc ; our company
will not start and/or immediately stop production and inform the buyer by the quickest possible means. The
Company reserves the right to claim damages before the competent court of law.
TRANSPORTATION: transportation is payable and care of the buyer and therefore if a carrier is
involved, once the latter has collected the goods, our Company is free of all responsibility for the goods in
transit, which travel at the buyer’s risk.
Any reservations, complaints, or actions connected with transportation and subsequent operations must be
made and/or proposed by the buyer in relation only to the carrier since our company is not responsible for the
goods after consignment to the carrier. Our company cannot therefore be held responsible for damage to
materials, to the carrier, or to third parties resulting from the condition of the consignment, resulting both from
lack of stowage, or for poor protection of the consignment.
Any additional expenses resulting from special loading of goods onto the means of transport, if these occur,
will be charged at cost to the buyer.
PACKING: our Company packs the goods according to experience and convention, and is explicitly
exonerated from any responsibility for losses and failure.
Cardboard boxes are provided free ; packing cases and pallets are charged at cost.

N.B.: Naturally it is possible, on request, to modify the above mentioned terms according to the specific needs
of the individual client. All numbers, symbols, trade names, and names of the original excavators are used
only for reference and the parts listed should in no way be considered as original.

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