Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. These terms and conditions of sale are the only terms which govern the sale of goods by Polimex to Buyer.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The goods will be delivered within a reasonable time after the receipt of the Sales
Confirmation. Triton shall not be liable for any delays, loss or damage in transit.
Delivery deadlines stated by us shall only be binding if this has been explicitly agreed.
If the buyer is responsible for the transport of the goods it has to ensure that the means of transport are clean and dry, are suitable for the loading with the goods and their transport, comply with our safety standards as well as the statutory regulations. If these requirements are not satisfied or not satisfied in full Polimex is not entitled to load the means of transport or to have this laden without being obliged to pay compensation. However, this shall not lead to an obligation to examine or reject the means of transport for Polimex.
The buyer undertakes to examine goods delivered by us immediately and to report deviations in quality and quantity immediately.
The prices in the Sales Confirmation shall be net prices, exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind (unless otherwise specified) imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Triton's income, revenues, gross receipts, personnel or real or personal property or other assets.
Payments by Buyer shall be made on the due date into the account designated in the agreed currency without set-off, deduction of transfer charges, or other costs. The value date of the credit into Polimex's bank account shall be considered as the date of payment. Invoices outstanding after the due date will bear interest at the overdraft rate, charged by Polimex's bank, on the due date for the currency in which the payment is to be made, increased by 2% for the first 30 days after the due date, and 4% from the 31st day until the date actual payment is made. This provision or the application thereof does not entitle Buyer to delay payments under any circumstance. If any tax, duty, charge or fee imposed or increased after the date of the Contract by any governmental authority or agency upon the product or upon the raw materials from which it is derived or upon production, sale transportation or delivery thereof is required to be paid or collected by Polimex, directly, the amount thereof shall be added to the sales price and shall be paid by Buyer.
If we have reason to assume that the financial position of the buyer has deteriorated or is insufficient or if the buyer is in default with the payment of already due receivables then we can render future deliveries dependent on the fact that reasonable collateral is provided to us or the buyer makes an advance payment. This shall also apply if this was not agreed when the order was placed.
In case of quality discrepancy, Buyer should file any claim within 14 days after arrival of the goods at the port of destination. In the case of a quantity or weight discrepancy, Buyer should file any claim within 10 days after arrival of the goods at the port of destination. Buyer shall be entitled to file any claim mentioned above with Polimex on the basis of the inspection certificate from the Import-Export Commodity Inspection Authority in Buyer's country. The parties agree that Polimex shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, or other transportation, organization. Polimex is entitled to inspect or to have inspected any good claimed to be defective in quality, quantity, or weight. In case of justified claims, Polimex shall, in its sole discretion, either: (i) repair or replace such goods (or the defective part) or (ii) credit or refund the price of such goods provided that, if Polimex so requests, Buyer shall, at Triton's expense, return such goods to Polimex. The remedies set forth in this Section shall be the Buyer's sole and exclusive remedy and Polimex's entire liability for any discrepancy
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In addition to any remedies that may be provided under these Terms, Polimex may terminate these Terms with immediate effect upon written notice to Buyer, if Buyer:
fails to pay any amount when due under these Terms and such failure continues for five days after Buyer's receipt of written notice of nonpayment;
has not otherwise performed or complied with any of these Terms, in whole or in part; or
becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
Links To Other Web Sites.
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Resolution of Disputes.
The parties will attempt to resolve any dispute by way of amicable negotiation. If the parties are unable to resolve any such dispute within 90 days, then Buyer accepts the state court located in Milan, Italy as exclusive jurisdiction, or at Polimex's option, the dispute shall be referred to arbitration to be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with such Rules.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.