General Terms and Conditions for Use of the Website (A)
In using this website you are deemed to have read and agreed to the following terms and conditions:
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
We have several different e-mail addresses for different purposes and/or services. These, and other contact information, can be found on various links on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
The laws of the Netherlands govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Dutch courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
General Terms and Conditions of Sale (B)
Article 1 – General
Definitions: Conditions of Sale”: the present general terms and conditions of sale, delivery and payment of Smit Finishing S.p.A., “Seller”: Smit Finishing S.p.A.
These Conditions of Sale shall apply to all agreements under which Seller shall render services or shall sell and/or deliver goods. All quotations, order confirmations and deliveries shall likewise be exclusively subject to these Conditions of Sale.
3. Supplements and/or amendments of these conditions of sale are only possible when expressly agreed upon in writing.
4. Unless otherwise agreed upon in the conditions of sale, the interpretation of the used definitions in these conditions of sale will be based on the latest version of the Incoterms of the International Chamber of Commerce. When the general terms and conditions of sale of the GAFTA, FOSFA or NOFOTA apply to the agreement, they prevail over the conditions of sale.
Article 2 – Quotations and execution of agreements
Article 3 – Tolerance
Article 4 – Prices
Article 5 - Delivery
Article 6 – Transportation
Article 7 – Reservation of ownership
Article 8 – Payment
Article 9 – Non-performance and termination
Article 10 – Force majeure
For the execution of the agreement between Seller and Buyer, force majeure is defined as unforeseen circumstances in respect of persons and/or materials employed or used or usually employed or used by Seller in the performance of the agreement which are of such a nature that the performance of the agreement is rendered impossible or becomes burdensome and/or disproportionately costly to such an extent that prompt performance of the agreement cannot reasonably be required from Seller.
Circumstances as referred to above shall be, inter alia: interruption of operations, traffic or transport; interruption in the supply of raw materials or auxiliary materials, shortage of labour, strikes, lockouts, impediments caused by third parties, conditions of war or the threat thereof, riots, sabotage and impeding measures by governmental authorities. Equally, force majeure is considered to exist in case Seller’s suppliers cannot meet their delivery terms for whatever reason.
Article 11 – Guarantee and complaints
Article 12 – Liability
Article 13 – Trade marks and names
Goods marketed by Seller may not be offered for sale or traded under any trade marks to which Seller is entitled or mentioning Seller’s trade name, except with Seller’s previous written consent. Seller may attach conditions to such consent.
Article 14 – Applicable law and disputes
Smit Finishing SpA