All purchase orders confirmed by eMergy Tech Srl are deemed firm, non-cancellable, and non-returnable (NCNC), unless explicitly authorized in writing. eMergy Tech Srl reserves the right to cancel confirmed orders under exceptional operational circumstances or due to events of Force Majeure.
Unless otherwise specified in a formal written agreement, deliveries are executed on an Ex-Works (EXW) or Freight Collect basis via the customer’s designated courier or freight forwarder from the eMergy Tech Srl warehouse in Corsico (Milan), Italy.
In the absence of automated pickup tracking (such as a consignment note or waybill tracking number), the customer's appointed freight representative must present a formal written proxy authorizing them to collect the goods on behalf of the customer.
Standard commercial payment terms shall be negotiated, agreed upon, and formally recorded in the officially issued Sales Order Confirmation provided to the Buyer by eMergy Tech Srl.
Estimated lead times for orders requiring production or non-stocked inventory represent the minimum operational period (calculated in working weeks) from the date of order receipt to readiness for dispatch. Lead times strictly exclude:
- Scheduled corporate shutdowns of eMergy Tech Srl or represented manufacturing partners (e.g., Christmas holidays, Lunar New Year, summer closures).
- Customs delays, unexpected global component shortages, sudden product obsolescence, or events of Force Majeure beyond the control of eMergy Tech Srl.
In such circumstances, eMergy Tech Srl will actively work to minimize dispatch delays. However, eMergy Tech Srl accepts no liability for supply delays, line-stoppage damages, production downtime, operational interruption, or financial loss of profit.
Formal Sales Order Confirmations are issued by eMergy Tech Srl only after manufacturing schedules are finalized with represented production lines. Prices stated in quotations linked to the EUR/USD exchange rate are subject to a specified fluctuation tolerance band.
Invoicing will reference the official EUR/USD exchange rate on the date of Transport Document (DDT) issuance. Should currency variations exceed the stated tolerance threshold, final invoice pricing will be adjusted proportionally up or down.
eMergy Tech Srl extends standard factory warranties on supplied components starting from the manufacturing batch code date. Defects must be reported within the valid warranty period specified by the manufacturer.
Upon technical validation, eMergy Tech Srl will issue a formal Return Material Authorization (RMA) number for product inspection, repair, or replacement. Warranty coverage explicitly excludes damage caused by improper operation, unauthorized hardware modification, inadequate maintenance, or physical impact.
Under no circumstances shall eMergy Tech Srl be liable for indirect, incidental, punitive, or consequential damages—including business downtime, lost profits, or data loss—resulting from the use or inability to use delivered electronic components, even if advised of the possibility of such damages.
The Buyer acknowledges that the export, resale, transfer, or technical servicing of products supplied by eMergy Tech Srl may be subject to strict international trade laws, economic sanctions, and export control regulations enforced by the United Nations (UN), the European Union (EU), the United States (US OFAC), the United Kingdom (UK), and Global Export Control Coalition (GECC) member states.
The Buyer warrants that it is not directly or indirectly listed on any consolidated international financial sanctions list (such as the UN Sanctions List, EU Consolidated List, US OFAC SDN List, or UK Financial Sanctions Targets). The Buyer explicitly agrees not to transfer, re-export, or divert products to sanctioned individuals, entities, or restricted territories.
The Buyer agrees to take no actions that would cause eMergy Tech Srl to breach international trade restrictions, including statutory EU restrictive measures regarding Russia, Belarus, Crimea, Sevastopol, Donetsk, Luhansk, Kherson, or Zaporizhzhia.
Products supplied by eMergy Tech Srl must not be resold or integrated into applications related to chemical, biological, or nuclear weapons, non-IAEA-safeguarded nuclear facilities, explosive military systems, missile technology, or equipment associated with human rights violations as specified under Regulation (EU) 2019/125.
The Buyer agrees to export or transfer products to third parties only under the binding condition that such third parties accept identical trade control and export restriction obligations as stipulated in these Terms and Conditions.
The Buyer agrees to defend, indemnify, and hold harmless eMergy Tech Srl from any liabilities, financial penalties, legal costs, or damages arising directly or indirectly from the Buyer's violation of global export controls, sanctions laws, or illegal product diversion.
These Commercial Terms and Conditions of Sale and Supply are governed exclusively by the laws of Italy. Any disputes arising from the interpretation, execution, or performance of these terms shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.
eMergy Tech Srl reserves the right to amend these terms. Updated conditions shall apply to all commercial transactions and purchase orders received following written notice or publication on the official website.