Forma s.r.l. guarantees that the Equipment supplied is new and free from defects in materials and workmanship.
The warranty is valid for:
• 12 (twelve) months from the installation and commissioning date,
• and in any case not later than 18 (eighteen) months from the delivery date (whichever occurs first).
Electrical parts, belts and conveyors not directly manufactured by Forma s.r.l. are warranted for 3 (three) months from the delivery date.
During the warranty period, Forma s.r.l., at its discretion, shall:
• repair defective parts; or
• replace defective parts with new components,
provided that the defect originates from materials or workmanship and not from improper use, negligence or misuse.
Interventions shall be carried out within ten (10) days from written notification by the Customer.
The supply of defective replacement parts is free of charge.
All related costs — transport, travel, board, lodging, daily allowances and any other expenses — are entirely borne by the Customer.
All replaced parts must be returned to Forma s.r.l. within:
• 7 (seven) days from the replacement (Contractual Warranty); or
• 30 (thirty) days from the delivery of the new spare parts (in the event that the intervention is carried out by the Customer’s personnel).
Parts not returned within these deadlines will be invoiced to the Customer.
The warranty does not cover damage or defects resulting from:
• improper or incorrect use of the Equipment;
• incorrect installation;
• gross negligence in maintenance or storage;
• use of non-original spare parts;
• water hardness above 25 °F (high limestone content);
• failure to comply with the instructions contained in the user manual;
• operator error or lack of routine maintenance.
If Forma s.r.l. authorises the Customer to directly perform a warranty intervention:
• Forma s.r.l. shall supply the necessary spare parts;
• the Customer shall return the defective components within the prescribed deadlines.
Prices are exclusive of VAT.
BANCA MONTE DEI PASCHI DI SIENA SPA – Nove Branch
IBAN: IT62G0103060600000061139850
BIC/SWIFT: PASCITM104B
All appliances shall be installed in conformity with local regulations and in a well-ventilated area. Instructions must be consulted prior to installation and use.
Installation is not included unless expressly quoted and agreed in writing. The following costs are excluded and shall be borne by the customer:
– return air ticket;
– board and lodging in a comfortable hotel;
– assistance for the entire duration of the technician’s stay;
– technician’s daily allowance of EUR 450;
– fumes, steam, water and power connections;
– site preparation according to local regulations;
– flooring suitable for the oven: smooth, level, non-combustible, and without embedded wiring or floor heating.
Excluded; charged at cost. The customer shall specify packing or transport requirements in the request.
Ex Works (EXW), INCOTERMS 2020, Nove (VI) or Mason Vicentino – Colceresa (VI), Italy.
Products will be delivered within sixty (60) days from receipt and acceptance of the Letter of Credit or agreed payment terms.
Voltage: 400V – 3PH – 50Hz (specify if different).
All machines comply with CE standards and relevant regulations. Compliance with any additional regulations and related costs is the responsibility of the customer.
EQUIPMENT MUST BE INSTALLED IN ACCORDANCE WITH LOCAL REGULATIONS AND USED ONLY IN A WELL-VENTILATED AREA. THE RECEIPT OF GOODS AND PREPARATION OF PREMISES ARE THE CUSTOMER’S RESPONSIBILITY. READ THE INSTRUCTIONS BEFORE INSTALLATION AND USE.
ADDITIONAL AND FURTHER SPECIFICATIONS
1.1. Forma s.r.l. undertakes to supply the bakery production equipment in accordance with the specifications, terms and conditions set out in the Contract.
1.2. The supply includes only what is expressly indicated in the Contract. Technical data found in catalogues, websites or other documentation are indicative and not binding on the Seller.
1.3. Forma s.r.l., or its Representative, upon the Customer’s request, undertakes to install and maintain the bakery production equipment in accordance with the technical specifications and operating conditions. Unless otherwise agreed in writing, all related costs shall be borne by the end Customer.
2.1. Prices and the total value of the Contract shall be understood as excluding installation and commissioning costs, in accordance with INCOTERMS® 2020.
2.2. Prices do not include VAT.
3.1 Payment shall be made in favor of Forma s.r.l., Via Righetto 22/24, 36055 Nove (VI), Italy, through:
– UNICREDIT SPA – Marostica Branch | IBAN IT57F0200860500000104841609 | BIC: UNCRITM1M66
– BANCA MONTE DEI PASCHI DI SIENA SPA – Nove Branch |
IBAN IT62G0103060600000061139850 | BIC: PASCITM104B
– or another institution indicated by Forma s.r.l.
3.2 Bank commissions in the customer’s territory shall be borne by the customer; commissions in Italy by Forma s.r.l.
3.3 Late payment penalties shall be specified.
3.4 Forma s.r.l. retains ownership of the equipment until full payment is received.
3.5 If payment is delayed for more than sixty (60) days, the Contract shall be cancelled automatically. The customer must return the equipment within five (5) days; otherwise, Forma s.r.l. may repossess it and all related costs shall be borne by the customer.
Payments already made will not be refunded.
4.1 Delivery shall be accompanied by: a) Invoice; b) Packing List; c) CMR or Bill of Lading; d) CE Declaration of Conformity.
4.2 Upon request, Forma or its Representative will perform assembly and technical services. If the assembly period exceeds eight (8) days due to the customer’s failure to provide the required conditions, the customer shall be charged EUR 400 for each working day starting from the ninth day until completion.
5.1 Equipment shall be new and free from defects.
5.2 If defects arise during the warranty period, Forma or its Representative shall repair or replace defective parts within ten (10) days from notification.
5.3 Replaced parts must be returned within seven (7) days, otherwise they are not considered under warranty.
5.4 Transport and related costs for remedying defects shall be borne by Forma s.r.l.
5.5 If defects are due to misuse, negligence or improper maintenance, all costs shall be charged to the customer.
5.6 The Seller’s maximum liability shall not exceed the value of the equipment concerned; no additional compensation shall apply.
6.1 Forma delivers equipment with technical details required for installation and operation.
6.2 Installation shall begin within fifteen (15) days from delivery.
6.3 Forma may, upon request and at customer’s cost, test and verify the equipment’s proper functioning.
6.4 Forma may, upon cost estimation, provide basic training to customer personnel.
6.5 Equipment will be delivered with an English technical manual.
7.1 Forma is responsible for taxes and fees imposed by Italian authorities.
7.2 The customer is responsible for local taxes, duties and fees.
7.3 This Contract shall be governed by and construed in accordance with the laws of Italy. The Parties expressly exclude the application of any conflict-of-law rules that would lead to the application of the laws of any jurisdiction other than Italy. Any dispute arising out of or in connection with this Contract shall fall under the exclusive jurisdiction of the Court of Vicenza, Italy.
8.1 Amendments must be made in writing and signed by both Parties.
8.2 Upon signing, previous agreements are invalid.
8.3 The Contract applies exclusively to the equipment described.
8.4 The Contract is drawn up in two copies, in English, each Party receiving one.
8.5 Annexes form are integral part of the Contract.:
a) Annex 1 – STANDARD WARRANTY
b) Annex 2 – APPOINTMENT
c) Annex 3 – CLIENT OBLIGATIONS
d) Annex 4 – INSTALLATION COST
Each Party shall treat as confidential all technical, commercial, financial and operational information received from the other Party in connection with the Contract. Such information shall not be disclosed to third parties without the prior written consent of the disclosing Party, except where disclosure is required by law or by a competent authority.
This obligation shall remain in force for a period of five (5) years after the expiration or termination of the Contract.
10.1 Except in cases of willful misconduct or gross negligence, Forma s.r.l. shall not be liable for any indirect, incidental, consequential, special or punitive damages, including—but not limited to—loss of profit, business interruption, loss of production, loss of data, or any other economic loss arising from or related to the use or inability to use the Equipment.
10.2 For failures, malfunctions or downtime resulting from operator error, negligence, improper use or lack of maintenance, Forma s.r.l. and its Representative shall not be liable for any claim or cost. Any repairs may be carried out by Forma s.r.l. at the Customer’s expense.
10.3 Without prejudice to the above, the Seller’s maximum aggregate liability arising out of or in connection with the Contract shall in no event exceed the price of the Equipment to which the claim relates.
10.4 Any further compensation or indemnity—whether direct or indirect and regardless of its nature or legal basis—is expressly excluded, except where mandatory provisions of applicable law provide otherwise.
Neither Party shall be held liable for any failure or delay in the performance of its contractual obligations if such failure or delay is caused by events of Force Majeure, including but not limited to natural disasters, war, acts of terrorism, governmental restrictions, epidemic or pandemic events, transportation interruptions, or any other event beyond the reasonable control of the affected Party.
The affected Party shall notify the other Party within five (5) days from the occurrence of the event and shall provide, within fifteen (15) days, appropriate documentation issued by a competent authority.
If the Force Majeure event persists for more than sixty (60) days, either Party may terminate the Contract without liability. In the event of termination, Forma shall repossess the equipment, where applicable.
The Client may not assign, transfer or subcontract the Contract or any of its rights or obligations without the prior written consent of Forma s.r.l.
Forma s.r.l. may assign the Contract, in whole or in part, to companies within its group or to designated representatives, upon notice to the Client.
If any provision of the Contract is found to be invalid, illegal or unenforceable, such provision shall be replaced with a valid and enforceable one that most closely reflects the original intent.
The remainder of the Contract shall remain in full force and effect.
Failure by either Party to exercise any right or remedy under the Contract shall not constitute a waiver of that right or remedy, nor shall it prevent any future exercise thereof.
All notices, communications or documents required under the Contract shall be made in writing and sent by registered mail, courier service or email with acknowledgment of receipt to the addresses indicated by the Parties.
Notices shall be deemed received:
a) upon delivery, if sent by hand or courier;
b) five (5) days after dispatch, if sent by registered mail;
c) on the date of acknowledgment of receipt, if sent by email.
The Contract, including all its Annexes, constitutes the entire agreement between the Parties and supersedes all prior agreements, negotiations and communications, whether written or oral, relating to its subject matter.
No amendment shall be valid unless made in writing and signed by both Parties.
ANNEX NO. 1
WARRANTY EXTENSIONS
Forma s.r.l. also guarantees:
• the heat exchanger of rack ovens for a period of three (3) years;
• the annular tubes of radiant-tube ovens for a period of five (5) years from the delivery date.
Forma s.r.l. shall replace free of charge any part which, following technical inspection, is found unable to provide satisfactory performance due to defects in material or workmanship and not resulting from misuse or negligence.
All costs associated with the replacement — including transport, travel, daily allowances, etc. — shall be borne by the Customer.
The warranty extensions set out in Annex 1 shall apply in addition to the Standard Warranty, unless otherwise stated
ANNEX NO. 2
APPOINTMENT
The following appointment agreement was concluded by and between:
under the following terms and conditions:
A. Forma s.r.l. or its Representative on specific request of the customer and after cost quantification, will carry out assembly and technical service during the warranty period (12 months) on the Equipment supplied by the Forma srl.
B. The necessary spare parts for this period will be supplied by the Forma s.r.l. according to the provisions of Annex 1 hereto.
C. The technical assistance after warranty period will be provided with original spare parts which will be delivered by the Forma srl, according to the provisions of Annex 1 hereto.
D. Forma s.r.l. should supply against payment the spare parts for a period of 10 (ten) years.
ANNEX NO. 3
CLIENT OBLIGATIONS
The Client here by undertakes to prepare, provide and pay for the following:
forklift for unloading the goods;
the materials to be specified and required for installation;
oven chimney;
electric connection;
water and sewerage;
fuel (gas, gas oil or wood as is necessary)
two unskilled helpers for the all period of assembly;
raw material for testing and qualified personnel for dough preparation;
working staff for training of the use of the equipment;
authorized technician for installation of the burner.
Forma s.r.l. or its Representative will instruct the Client with all the necessary details how and where to make the water, electricity, chimney and fuel connection before the arrival of the goods.
ANNEX NO. 4
INSTALLATION COST
All equipment must comply with local regulations and be installed accordingly, and must be used in a properly ventilated environment. Instructions must be consulted prior to installation and use.
The equipment complies with the applicable CE standards. All costs and adjustment activities required to meet local regulations and standards—both for the equipment and for the installation site—shall be borne by the customer.
Installation costs, connection activities, and commissioning or testing operations are excluded unless otherwise agreed.
The following expenses shall be borne by the customer:
Date, 11/15/2025