General terms and conditions of supply

  1. General Information Prices and Specifications
    1.1 These general terms and conditions of supply will be effective for any order unless expressly waived in writing by the parties and always accepted in writing by Tempra Sud Group (Tempra sud srl or Unitrat srl), hereinafter for brevity even only “Organization”.
    1.2 Any verbal agreements, declarations or commitments made before, at the same time or after the signing of these terms and conditions will not be binding on the Organization unless confirmed by the latter in writing.
    1.3 Quotes, offers and prices may undergo changes that the Organization will promptly communicate to the customer and will consider accepted within seven days of written communications or in any case tacitly accepted with the subsequent sending of material for work purposes.
    1.4 In the event that no technical specification is provided by the customer and accepted by the Organization, or in the absence of certain technical specifications, reference shall be made to the UNI EN ISO technical regulations regarding heat treatments of metals. 
    1.5 In the event of sending material without a request for quotation for processes that are not governed by generic or specific price lists, the Organization reserves the right to apply a final quotation on the basis of the time and costs of the treatment incurred.
  2. Shipment and delivery times 
    2.1 The shipment of the products will take place according to the terms and methods agreed from time to time with the Organization’s logistics office.
    2.2 In the event of transport managed by the Organization, as this service is free of charge or enhanced by a contribution to cover the out-of-pocket costs incurred, the goods travel at the risk and peril of the customer.
    2.3 In the event of use by the customer of the transport service managed by the Organization, if any damage is caused to material owned by the customer during transport or handling operations, the Organization will be exempted from the payment of any form of compensation except for the value of the raw material (calculated as EUR/kg by weight of the component).
    2.4 The delivery terms will comply with the agreements defined lot by lot with an average lead time of 10 days from receipt of the material in the event of standard treatments. Any situations that require urgency must be agreed with the Organization’s planning office by providing adequate notice. The Organization will not accept charges or requests for compensation for delays in the return of the treated material under any circumstances.
    2.5 The products will be delivered by the Organization by its own means and/or couriers to the place indicated by the Customer and reported on the relevant transport document.
  3. Disputes and complaints due to defects
    3.1 Disputes for deliveries held to be incomplete or incorrect must be communicated to the Organization in writing no later than eight days from the return of the material and in any case before the material is subjected to further processing or transferred to third parties. In any event, complaints, disputes or other issues DO NOT entitle the customer to delay the settlement of overdue or due invoices.
    3.2 The Customer is obliged to check the products that are supplied, proceeding with the necessary sampling tests, in order to detect any defects, even hidden. As a consequence, it must notify the Organization, also by email, of the defects found, specifying their nature and extent in detail, within the expiry period of eight days from the return of the material. If no complaint is sent by the CUSTOMER within this peremptory period, the products will be considered automatically accepted.
    3.3 As soon as any complaint is received from the CUSTOMER, and in any case within 7 days of receipt of the complaint itself, it will be the responsibility of the Organization to verify any defects in the products supplied, in consultation with a customer representative. If the Organization acknowledges the validity of the complaint for defects or non-conformity of the products, attributable exclusively to errors in the execution of the heat treatment, it will be obliged to compensate the Customer for the value of the treatment and that of the raw material (steel, or other metallic material valued in EUR/kg at market prices) up to a maximum amount of 5 times the value of the heat treatment. Under no circumstances will the Organization be held liable for the costs of processing and/or manufacturing and/or costs of penalties incurred by customers, unless there is a specific and prior agreement.
    3.4 The definition of the geometric tolerances and the related superalloys of the treatment remains solely the responsibility of the Customer as the entity responsible for product design. Any deformations related to the execution of the treatment (and therefore inherent in the nature of the process) that may exceed the tolerance limits provided by the Customer, can never be a reason for charges and/or disputes against the Organization, which will proceed at the request of the Customer to propose an additional straightening phase if feasible, informing the Customer of related risks and costs.
  4. Payments
    4.1 Payments must be made, according to the terms and conditions agreed in the contracts, price lists, offers and/or order confirmations.
    4.2 In the event of payment delays, the Organization will have the right to suspend processing, requesting payment of all amounts due and immediate payment upon return of the material being treated.
  5. Confidentiality and intellectual property
    5.1 The parties undertake to keep confidential all confidential technical and commercial information exchanged.
    5.2 The specifications, drawings, samples, models, equipment and documents and in general the Know-how that the Organization may have communicated for any reason to the customer will remain the property of the Organization and the customer undertakes to maintain their confidentiality with regard to third parties and/or competitors of the Organization.
  6. Force Majeure
    6.1 The Organization will not be liable for any failure to comply with the terms and conditions of these General Terms and Conditions of Supply, if such failure is caused by natural disasters, riots, strikes, fires, or other unforeseeable event and beyond its control.
    6.2 If an event of force majeure occurs, the Organization will seek to adopt solutions that make it possible to alleviate, or at least limit, the negative consequences of the event of force majeure.
    6.3 The occurrence and termination of the event of force majeure shall be promptly notified to the Customer in writing.
  7. Product liability insurance (PL)
    7.1 The Organization has an insurance policy (PL) aimed at indemnifying the Organization for what it is required to pay, as civilly liable under the law, by way of compensation, for damages involuntarily caused to third parties due to defects of the treated products, as a result of an accidental event that occurred and in relation to the risks for which the insurance is stipulated.
    7.2 The Product Liability policy is NOT valid in the event that the components processed by the Organization are used by customers in the Aeronautics, Pharmaceutical or Nuclear industry sectors. In such case, the Customer must expressly indicate such circumstances in the Requests for Offer so that the Organization can assess the feasibility, risks and activation of any specific insurance extensions.
    7.3 The Product Liability policy is NOT valid in the event that the components treated by the Organization are exported directly by customers to the USA, CANADA and MEXICO. In such case, the Customer must expressly indicate such circumstances in the Requests for Offer so that the Organization can assess the feasibility, risks and activation of any specific insurance extensions.
  8. Tolerances and Jurisdiction
    8.1 The Organization’s tolerance, even repeated, for active or omissive behavior in breach of the obligations assumed with these General Terms and Conditions of Supply does not constitute a binding precedent, nor does it in any way affect the validity of the breached or derogated clause.
    8.2 All disputes to which this Contract may give rise, as regards its validity, its interpretation, its execution, its cessation or its cancellation, will be exclusively the jurisdiction of the Court of Vasto.

The sending of the material starting from 01/01/2024 by the Customer in execution of the supply contracts implies the automatic acceptance of these general terms and conditions.

Fresagrandinaria, 12/13/2023