Conditions of sale

  1. Prices

    The prices are subject to revision. A change of the currency adaptation, of the material cost, of the energy cost, of the transport costs or other costs linked to the order may result in an increase or decrease in our quote. Orders based on annual contracts must be closed within the 12 months following its contract year; otherwise INMARE Srl will have the right to dispatch the goods still to be delivered. The validity of this offer is valid for 60 days. This offeis not irrevocable. 

  2. Payments

    We require the “OUR” code with the SWIFT instruction. This instruction means the customer pay all transfer charges with his account. INMARE Srl receive all the payment. The customer can’t refuse to pay completely or partially, for any reasons or claims and, especially, for guarantee rights, the due sums to INMARE Srl without permission. In case of delay of payments, INMARE Srl reserves the right to charge interest equal to the current rate (based on the EURORIBOR 6 months) increased of 6 points, after 5 working days of delay from the delay (grace period). 

  3. Quantities

    Unless the parties otherwise agree, INMARE Srl reserves the right to a +/-5% tolerance between quantities ordered/confirmed and delivered.

  4. Dispatching

    The estimated date of dispatching is indicated on the offer / order confirmation. In case of no indication of this date, it’s assumed it will be in 10 working days after the confirmation by the customer of the offer / order confirmation.

  5. Property of goods

    It is agreed that, the Products delivered remain the INMARE Srl’s property until complete payment is received by INMARE Srl.

  6. Acceptance of the offer or the order confirmation

    The acceptance of the offer / order confirmation sent, with the General Terms and Conditions of Sale, will be valid by email or fax.

  7. In case of FCA or EXW (ICC Incoterms ® 2010)

    Customer is obliged to give an official evidence of the custom documents (electronic evidence or alternative evidences as CMR or others). In case of official investigations made by local authorities, in case of missing documents or invalid documents, INMARE Srl will charge to the customer all the related costs.

  8. Intra-community IVA / VAT (only for UE countries)

    A valid VAT code is requested for the correct status definition. In case of official investigations made by local authorities, if the VAT Number declared by the customer is not valid for the intra-community, INMARE Srl will charge to the customer all the related costs.

  9. Civil liability and guarantee

    On pain of loss of the guarantee right, the customer must report the verified defects and expressly ask for a replacement or a repair within the maximum period, as from the delivery, of:

    - 10 working days for evident defects (both fenders and springs)
    - 3 years for hidden defects (fenders)
    - 2 years for hidden defects (springs)
     
    After these periods, no claims are accepted. 
     
    The information about the Warranty are described into the catalogue. Due to technical reason (the EVA is not a stable row material) the pontoon and the boat fenders could present aesthetic defects as burns (on the back-side, not visible when installed) or small bubbles, dots or small deformation (on the front-side, visible when installed). Each distributor can discuss with INMARE Srl about the limit of tolerances to be used but this could be have an influence on the price of the products. 

  10. Arbitration clause

    Any dispute arising between the parties relating to this contract, including those ones relating to its validity, interpretation, execution and cancellation, will be submitted to the decision of an Arbitration Board consisting of three arbitrators to be nominated one by each party. The third Arbitrator shall act as Presiding Judge. In case of disagreement on the name of the third Arbitrator, according to art. The President of the Court of Ancona will designate 810 Code of Civil Procedure, the third Arbitrator. Arbitration shall be held in the registered office of INMARE Srl. The Arbitration Board will decide by adopting the procedure set out in the Italian Code of Civil Procedure and applying Italian law.
     
    In case of dubs regarding the interpretation, remarks or legal procedures, the Italian text will be used as reference.

  11. Privacy Policy

    Pursuant to and in accordance with the effects of Legislative Decree no. 196, June 30th, 2003, relating to the protection of personal data, the parties mutually agree to have received the Privacy Policy statement required by art. 13 of the Code, regarding the treatment and communication of data provided during the execution of this contract and / or subsequently acquired by the parties during the contractual relationship. As previously indicated, the Parties attribute to the signing of this contract the value of certification of consent to treatment and disclosure of personal information, as provided in the policy.
     
    Conditions on paragraph N° 2 (Payment), 5 (Property of the goods) and 10 (Arbitration clause) are fully agreed from the customer.