GENERAL CONDITIONS OF SALE
These General Conditions of Sale shall apply only to the supply of goods and to the services provided by CMT Distribution srl with company number 11944580965 and having its registered office at Via Durini n. 9 - Account Services Srl, 20122 Milan -hereinafter called the “Seller”-.
WHEREAS, CMT Distribution srl is a company operating in the naval sector, which deals also with marketing of medical and/or healthcare products, relating to the required equipment for boats and crafts - hereinafter generically called “Boat/Boats”- established as compulsory by the national/European/international law for each boat.
WHEREAS, the aforementioned products are sold by CMT Distribution already packaged in special containers (“KIT or YMS MEDICAL BAGS”) bearing the mark “YMS - Yacht Medical Supply”, whose content is determined by the current regulations and also by the specific requirements of the Costumer or his acting -hereinafter called the “Buyer”-
1) The introduction constitutes an integral and substantial part of this conditions of sale.
2) The demand for supply must be sent by the Buyer to the Seller trough a specific order sent to the e-mail address, stating the medical/healthcare equipment that the boat needs according to the national/European/international law, having regard to the type of boat itself and to the enabled navigation.
3) If the Buyer also requires medicines prescribed by the current regulations and he intends to commission CMT Distribution srl to buy them in its name and on its behalf in an authorized pharmacy, these medicines must be specifically indicated in the supply order.
4) Upon receipt of the demand for supply, CMT Distribution srl will check that the equipment required by law corresponds to the order request made by the Buyer and, if so, it will send by e-mail, or any other appropriate means, a detailed estimate showing whatever the boat needs and the related documentation, as well as the terms and conditions of payment.
5) After receiving the approval of the estimate by the Buyer, via e-mail or in any case in writing, the Seller shall send the documents to be signed in order to make the sale. CMT Distribution srl will proceed to forward the requested supply only after having received from the Buyer the documents aforementioned. It is understood that if the Buyer doesn’t send what is required within 30 days the order will be considered cancelled and, consequently, CMT Distrubution srl shall not process it.
6) After receiving of the documents of point 4) CMT Distribution srl is committed to fulfill the order by providing all the ordered products or in any case equivalents, with the issue of the related invoice containing the terms and conditions of payment as agreed by the parties. In the event that the order also contains the products in point 2) the Buyer authorises CMT Distribution srl to insert in the KIT all the medicines purchased by the latter in the name and on the behalf of the first, with the inclusion of their expiration dates in the YMS Management Database : this service is an integral part of the order given with the YMS Medical Bags. With regard to the above, the Seller declares to relieve, as in fact he relieves, CMT Distribution srl from all responsibility regarding the validity, legitimacy and conservation of the abovementioned medicines, charging to CMT Distribution srl only the check of the correct correspondence between the products included in the KIT and those indicated in the order.
7) It is understood that, in the case of late or non-payment by the Buyer of the sale price, on itself will be applied legal default interest, from the following day of expiration of the payment term as agreed in the invoice.
8) In the invoice will be indicated the costs of the delivery charges to be agreed in advance by the parties, in relation to the domicile where the KIT/equipment must be delivered on the agreed terms in the purchase order : this term should be considered non-essential. The Seller will not be liable for any delivery delays due to events caused by the Buyer, third parties and/or unforeseeable circumstances and/or reasons of force majeures. The delivery service will be done under the conditions and terms specified by the company that will process the delivery : in the event that the transportation of goods take place (is carried out) through third parties, expressly indicated in the invoice, the Buyer is required to read the relative contractual regulations of the carrier. After delivering products to the carrier, CMT Distribution srl will send to the Buyer an e-mail confirmation of delivery, containing the delivery identifier, in order that he might control at any time the transportation. At the time of the package delivery by the courier, the Buyer shall check that the number of packages delivered corresponds to the number indicated on the courier letter, as well as he shall check that the packaging where goods are located is intact and it doesn’t present signs of tampering or alteration.
9) Any damage to the packaging or the mismatch in the number of packages shall be immediately notified to the courier, “withdrawal subject to inspection” written on the delivery document : if it doesn’t happen, any damage caused by transportation are charged to the receiver and not to the sender. The goods must be checked within 2 (two) days of receipt and any dispute must be communicated within 8 (eight) days of the same. In the event that the Seller or on its behalf, cannot deliver the goods for reasons attributable to the Buyer, the sales contract will be considered as terminated automatically, remaining charged to the latter the payment of the invoice issued by CMT Distribution srl, in addition to any costs of custody. In this case, the medicines purchased in the name and on the behalf of the Buyer, they must be disposed in accordance with the current regulations.
10) The Buyer expressly acknowledges and agrees that, any type of action arising out of the supply of goods and services contained in this General Conditions of Sale shall be governed by the Italian law, expressly recognizing as competent the Italian jurisdiction and as competent court the Milan Court, with the explicit exclusion of any other court.
CMT Distribution srl