These General Terms and Conditions of Sale exclusively govern the sale of all products sold by PIZZATO ELETTRICA SRL (VAT ID 01704080249), with registered office at Via Torino, 1 36063 Marostica (VI) – Italy.
Purchase orders
Orders must always be submitted in writing, via email or using another exchange system in digital format, subject to prior approval by Pizzato Elettrica (e.g. Metel).
Pizzato Elettrica reserves the right to reject orders received via email should they lack the appropriate details to allow correct identification of the sender and/or in the case of attachments containing viruses or which appear to be of questionable origin.
Purchase orders are finalised only once the customer has received an order confirmation from Pizzato Elettrica, which is binding for both parties.
Any clauses added to the purchase order by the customer that differ from these General Terms and Conditions of Sale shall not be considered binding.
The supply includes only what is expressly stated in the order confirmation.
Order cancellation/changes
For standard products, following issue of order confirmation by Pizzato Elettrica, the customer may submit a request for any changes to the contents of the order confirmation within the fixed period of two (2) working days from issue of order confirmation — regardless of when this is read or acknowledged.
Requests for order changes or cancellations may be accepted or declined depending on the order's progress status.
Modifications or cancellations of special article orders will not be accepted under any circumstances.
Pursuant to article 1461 of the Italian Civil Code, in the event of changes to the financial standing of the customer, Pizzato Elettrica may suspend and/or cancel supply at any time.
Changes to products
For the purpose of improving products, Pizzato Elettrica may change them at any time, without altering their fundamental characteristics, where this is considered necessary and/or opportune, with no obligation to notify the customer beforehand and/or without changes to orders already issued.
Prices
The prices quoted in the current price list and in the order confirmation should be considered “Ex Works” (Incoterms 2020) and do not include VAT, custom taxes or any other charges.
Unless otherwise agreed, the prices quoted in the price list are not binding and may undergo changes without prior notice.
The price of the supply is indicated on the order confirmation/invoice and, where necessary in the case of long-term scheduled orders, may be amended solely by Pizzato Elettrica subject to written communication with two (2) months’ prior notice. In such cases, the customer may decide to fully or partially cancel the order, regarding only the portion still to be processed, subject to written communication via email, no later than five (5) working days from receipt of communication from Pizzato Elettrica.
Packaging
Packaging is free of charge. For more than six boxes, pallets may be required for transport, and these are also provided free of charge.
Payment terms
Payments due from the customer must be made in Euro by the deadline and according to the terms and conditions indicated on the invoice.
The payment method is always at the customer's risk, regardless of the means chosen.
In the event of late payment, Pizzato Elettrica reserves the right to suspend and/or cancel orders being processed, without prejudice to the right to claim compensation for any damages incurred.
It remains understood that failure to make payment by the indicated deadline will result in the customer being automatically charged default interest pursuant to European Directive 2011/7/EU, as per the amounts set out by Italian Legislative Decree 231/2002.
Any technical or commercial complaints or use of the warranty do not entitle the claimant to suspend payments due.
Minimum billing amount
Unless specifically agreed otherwise, the minimum billing amount is EUR 200 net (VAT excluded) of product, excluding any additional charges.
For invoices of less than EUR 200, a fee of EUR 20 will be charged if delivery is within the EU, or EUR 40 if delivery is outside the EU.
Invoices are issued weekly.
Order quantities
Some products are shipped in packs. The ordered quantities of these items must be multiples of the quantities contained in the packages.
Delivery
The delivery period indicated in the order confirmation refers to the time when the goods are expected to be available at Pizzato Elettrica sites for pick-up, and not the date of arrival at the customer’s location.
Delivery dates should always be considered approximate and not binding: failure to meet delivery dates does not represent a breach by Pizzato and, consequently, does not give rise to any right to compensation or reimbursement, nor any other right of the Purchaser, who remains bound by the terms and conditions set out in the order confirmation (e.g. payment terms).
Specifically, the customer acknowledges that the terms of delivery of goods may be subject to legitimate delays (including but not limited to difficulties in sourcing raw materials), which shall not give rise to any right to compensation and/or reimbursement.
A list of items normally kept in stock can be found at www.pizzato.com.
Shipment
Pizzato Elettrica ships goods “Ex Works” (Incoterms® 2020 published by the ICC).
At the customer’s request, Pizzato Elettrica may ship goods “Delivered at Place” (DAP - Incoterms® 2020 published by ICC) with transport costs charged on the invoiced to the customer by Pizzato Elettrica.
On arrival of the goods, the customer shall verify that the courier delivers all packages indicated in the transport document or accompanying invoice, ensuring they are complete and of the correct weight. In case of any inconsistencies against the transport document/accompanying invoice, and/or visible damage to the packaging, the customer must always accept the goods SUBJECT TO INSPECTION, clearly specifying the reason.
Any damage to packaging, missing packages or errors must be promptly reported to the courier, notifying Pizzato Elettrica in writing within two (2) working days from the date of receipt of the goods at info@pizzato.com. Otherwise, the goods will be considered to have been delivered in perfect condition.
Complaints
Should the customer identify a defect in the goods or a non-conformity in relation to the order submitted, Pizzato Elettrica should be notified within eight (8) days of delivery or identification of the issue, where it is not immediately evident.
Under no circumstances will claims be accepted beyond the strict warranty deadline specified in the following section.
Warranty
The warranty has a validity of 12 months starting from the shipping date of the material.
Pizzato Elettrica reserves the right, at its unchallengeable discretion, to evaluate the existence of any defect and/or non-conformity in the goods.
The warranty does not cover products damaged due to improper use, negligence, or incorrect installation/assembly.
The warranty does not cover parts subjected to wear or products used beyond the product's technological limits described in the catalogue, or items that have not been properly maintained.
Pizzato Elettrica undertakes to repair or replace, in whole or in part, products proven to have manufacturing defects, provided that such defects are reported within the guarantee period and no later than 8 (eight) days from their discovery, in accordance with the indications set out under “Complaints”.
Pizzato Elettrica is only responsible for the value of the product and requests for compensation due to machine downtime, repairs or costs for direct or indirect damages resulting from product malfunctions will not be accepted, even if these occur during the warranty period.
Any samples provided free of charge or bearing the phrase “SAMPLE” must be considered as purely demonstrative and are not covered by the guarantee.
The warranty will be subject to the customer’s compliance with the payment terms.
The customer remains solely responsible for evaluating the technical characteristics of Pizzato Elettrica products and, consequently, their suitability in relation to the customer’s intended use. Pizzato Elettrica cannot be held in any way responsible for the consequences arising from improper use of products, including in the case of risks to the health and safety of personnel (redundancy systems, self-controlled systems, etc.).
Returns
Any returns, for any reason, will not be accepted unless they have been previously APPROVED and AUTHORISED in writing by Pizzato Elettrica.
Otherwise, Pizzato Elettrica reserves the right to reject the goods and return them "freight collect", using the same carrier by which they were originally shipped, with all costs charged to the customer.
Authorised returns have to be sent back no later than three (3) months from the date of authorisation. After this period, returns will not be accepted.
A return request is associated with a reduction in the sale price and will be considered only for standard articles and materials shipped within the last twelve (12) months. Custom/personalised materials are not eligible for return under any circumstances.
The returned goods and the relative packaging must be returned intact and undamaged.
The customer shall bear the packaging and delivery costs associated with the return.
Transfer
Orders cannot be transferred to third parties by the customer, unless such transfer has been previously agreed upon and authorised in writing by Pizzato Elettrica S.r.l.
Retention of title
Where payment of goods is made after shipping and/or delivery, pursuant to Article 1523 of the Italian Civil Code, the shipped goods shall remain the property of Pizzato Elettrica until all payments due have been fully settled.
Until this time, the customer undertakes to safeguard the goods and maintain their condition for the intended use, without transferring them, selling them, or otherwise making them available to third parties.
Should the customer sell the goods to third parties prior to payment to Pizzato Elettrica, and therefore before the effective transfer of ownership, Pizzato Elettrica’s retention of title persists in relation to such third parties, where permitted by law.
In the event of failure to pay or partial payment by the customer, Pizzato Elettrica shall have the right to request the return of the goods, without prejudice to its right to seek compensation for any additional damages.
Force Majeure
Pizzato Elettrica cannot be held responsible for any delay in the fulfilment of obligations arising from these General Terms and Conditions of Sale, where such delay is caused by unforeseeable events beyond the control of Pizzato Elettrica, including but not limited to natural disasters, epidemics, rioting, strikes, at local or national level, fires or the unavailability of raw materials.
In case of a force majeure event, Pizzato Elettrica will attempt to adopt solutions that limit the consequences of the force majeure event and/or their continuation.
Privacy
Pizzato Elettrica declares, pursuant to the GDPR (EU Regulation 2016/679) and applicable Italian legislation, that it processes the ordinary personal data of customers in compliance with the aforementioned legislation and, in any case, only to the extent and for the purposes strictly necessary for the execution of the contract.
Final clauses
Any amendment or addition necessary to these General Terms and Conditions of Sale must be agreed between the parties in writing, otherwise being null and void.
In the event that any of the provisions is or becomes ineffective or impossible to implement or in the event that these General Terms and Conditions of Sale are found to be incomplete, the remaining provisions of these terms and conditions shall remain valid and applicable.
Any failure to exercise, including on multiple occasions, by either of the parties, a right deriving from these General Terms and Conditions of Sale shall not represent a waiver of such right nor of any other rights established herein.
Applicable law
For all aspects not expressly indicated herein, Italian law shall apply.
Dispute resolution
Any dispute regarding these General Terms and Conditions of Sale or the sale/purchase relationship with the customer shall fall under the exclusive jurisdiction of the Court of Vicenza.