The object of buying and selling goods are those described in CatalogoGenerale and / or in the technical description / commercialee / or in the Order Confirmation and is excluded from the contract that is not expressly indicated. Goods are in conformity with the Machinery Directive 2006/42 / EC.
It remains to be borne by the Purchaser to the Seller an indication of any technical characteristics or use of goods other than those subject of the sale as well as described above. Monitoring of compliance with legislation of property in a foreign country other than Italy is borne by the Buyer.
The potentially explosive area classification is performed by the Purchaser whose work centers and activities contain or may give rise to such hazards (Directive 1992/92 / EC). The verification of the fact that the motor or the fan is correct and conforms to this area is the Buyer responsibly bear.
The choice in order to the object of the purchase is made by the Purchaser and consequently the Seller can not be held responsible for damage caused by errors in the choice of installed motor power or incorrect selection of fans and related working points or applications.
2- ACCEPTANCE AND CONCLUSION
2.1 The Buyer's order, It shall be considered accepted only with the part of the Seller Order Confirmation
2.2 In the contract between the Seller and the Buyer will apply these Terms and Conditions.
2.3 The Seller's agents have no power of attorney and can not engage in any way the same Seller.
3- PRICE – PAYMENTS – INTEREST – GOODS IN ACCOUNT VISION
3.1 The price to be paid is indicated in the Order Confirmation and is net of VAT, expense, duties, insurance and any other fiscal charges.
3.2. The terms and conditions of payment are those indicated in the Order Confirmation.
3.3 Pursuant to and for the purposes of Legislative Decree No. 231/2002, in case of late payment, total or partial, of the sums owed by the Purchaser, Seller may charge the Buyer default interest to the extent provided for therein.
Seller shall, Moreover, immediately suspend the execution of any ulteriorefornitura the Buyer although relative to other contracts.
3.4 No exceptions will be opposed by the Buyer in order to delay or suspend payment, in case of total or partial failure of the latter.
3.5 In the case of goods in consegnatiall'Acquirente "vision statement", passed 90 days from the date of delivery of the same goods to the Buyer, and in the absence of written communications by the Purchaser to the Seller, shall be deemed concluded a purchase agreement with the conditions contained in the Order Confirmation and the Seller will proceed to the billing of products to Buyer. During the period of "vision statement", any liability with regard to the goods and use the same, It will be attributable to the Purchaser.
In case of failure to conclude the contract of sale the goods must be returned to the Seller, with transport charges and packaging costs borne by the Buyer.
4- DELIVERY AND PACKAGING
4.1 The terms of delivery are those indicated in the Order Confirmation and are indicative. Failure to comply therefore not give the purchaser the right to obtain the cancellation of the contract and / or damages.
4.2 The delivery will be deemed made Franco the Seller's plant ( Ex Works -Incoterms),and will involve the simultaneous transfer of risks towards the Buyer. The goods then will travel always at the risk and expense, even if the carrier is not chosen by him.
4.3 In case of non-withdrawal of the goods by the Purchaser within the term indicated in the Order Confirmation, Seller may charge a sum equal to 1% of the invoice amount every month for storage costs in stock.
4.4 In the absence of specific written instructions by Buyer Seller reserves the full freedom to determine the type of packaging.
5- TESTING OF THE GOODS
The testing of the goods will be made only at the purchaser's request at the headquarters of the Seller, the possible presence of the personnel of the Purchaser. The testing shall be deemed positive (even in case of non-attendance of the staff of Buyer) if the latter fails the contexts by registered letter or PEC to be sent to the Seller within 15 days from the date of the same testing. The testing costs will be borne by the Buyer.
6.1 Seller warrants that the goods will be subject to sale good quality, immune from defects or from defects in workmanship and labor and guarantees the same, within the limits of their constructive conception.
6.2 The warranty will be 12 months from delivery date.
6.3 Upon delivery of the goods, the Purchaser will be required to check its status immediately and any defects and obvious defects must be notified to the Seller, Under penalty of decadence, within 8 days from receipt of goods, by registered a.r or PEC. In case of hidden defects the Buyer shall report them within 8 days of discovery in the same manner above.
6.4 The guarantee will include the repair of parts recognized (to be made at the headquarters of the Seller) or replacement of the same.
- Damage repairs, changes, unauthorized tampering or alterations made to the goods;
- damage caused by overloading exceeding the limits set by the Seller;
- damage caused by tampering, from corrosion or abrasion of chemical type or abrasions of each type and nature caused by the transported fluid;
- damage caused by inexperience in the use, negligence, non-observance of the instructions of use and maintenance by the Seller and dates contained in the instructions for use and maintenance
6.5. The above warranty excludes the Purchaser's right to compensation for damage whether direct or indirect, arising from defects of the goods including the consequent damage to the failure and / or partial use of the goods, except in cases of willful misconduct or gross negligence.
7- LAW AND JURISDICTION
7.1 This contract shall be subject exclusively to Italian law with expressed exclusion of the Vienna Convention 1980 on the International Sale.
7.2 For any dispute arising between the parties relating to this contract, It will be settled by the Court of Verona.
PRIVACY OF PERSONAL DATA CUSTOMER – Art 13 Reg EU 2016/679
In relation to the processing of personal data we inform you that:
Data Controller is the company Marelli Ventilation s.r.l. , with registered office in San Martino Buon Albergo (VR) Viale del Lavoro 28
They are collected and processed the following personal data: personal data of a common nature (name surname, registry, contact details, email, mobile phone, banking data) referring to: individual clients, companies / entities customers and contacts-employees-collaborators-subcontractors customer, possibly communicated by the same, per: a) purpose pre and execution of the contractual relationship, b) administrative and accounting-tax and legal obligations related to invoicing and to manage the contract .The legal basis for data processing is thus: performance of contractual obligations for the purposes stated in letter a); legal obligations, for the purposes referred to in point b).The Company may communicate the data processed for the purposes mentioned above: i) persons appointed internal business processing and system administrators to IT work; ii) external parties of the following categories: external consultants and their agents / services / banking companies, insurance and credit institutions / bodies and control bodies. The processed data may be transferred by the holder to third countries for the purposes mentioned above. However, in case of transfer of data to said Countries, the same will occur in compliance with the legislation may force regarding pursuant to Article 44 e ss GDPR 2016/679. The data will be processed in print and digital format. The data will be processed by the data for the period necessary to the execution of / and purpose aforementioned and at the end of them for a further period of limitation of the law on the conservation of contracts and administrative data and / or for the defense in court (ten years from the last use and / or interrupting event of prescription). The data is required for the execution of contracts and legal purposes. The missing data makes it impossible to pursue the above mentioned purposes. The interested, if there are required by law, It has the right at any time to request access to your personal data, correction, cancellation, the limitation of the same, oppose the use and exercise the right to data portability. Anyhow, the person concerned has the right to revoke at any time any consent provided to the data processing, without affecting the lawfulness of the processing based on consent given before the revocation. If the alleged violation the person concerned, if the conditions, also it has the right to complain to a supervisory authority on data protection in the EU member state placed where he is habitually resident in the EU or the State of employment or under which presents violation. The treatment is carried out it is not through automated decision-making processes (is. profiling). For more information on the processing of personal data and the processing conditions, oppose the use or exercise any right provided for by current legislation on personal data protection (access, correction, cancellation, limitation, opposition, portability) and / or to obtain the full list of internal and external parties responsible for treatment and / or for information regarding the transfer of data to non-EU countries and related guarantees, including mechanisms and transfer protection of data pursuant to Art 44 e ss. GDPR can send a request to 'email address .............................
Specifically approved within the meaning and for the purposes of Articles. 1341 c. ce 1342 Italian Civil Code the following clauses:
- object of the Seller's liability limitations and restrictions – 3.Price - payments - interest – goods on behalf vision responsibilities – 4. deadlines and limitation of powers to the Buyer; delivery and risk of the Purchaser; penalty for failure to collect the goods;
- Warranty exclusions and limitations;
- Governing Law and Jurisdiction