The goods object of the sale are those described in the General Catalog and / or in the technical / commercial description and / or in the Order Confirmation and what is not expressly indicated is excluded from the contract. Goods are in conformity with the Machinery Directive 2006/42 / EC.
The Buyer is obliged to inform the Seller of any technical feature or use of goods different from those that are object of the sale as well as described in this document. The Buyer has to verify the regular compliance of goods in a foreign country different from Italy.
The potentially explosive area classification is performed by the Buyer whose work centres and activities contain or may give rise to such dangers (Directive 1992/92 / EC). The verification of the fact that the motor or the fan is correct and conforms to this area is a Buyer's responsibility.
It is the Buyer who choose the goods that are object of the purchase; as a consequence, the Seller cannot be considered responsible for damage caused by errors in the choice of installed electric motor power or incorrect selection of fans and related working points or applications.
2- ACCEPTANCE AND TERMINATION OF THE CONTRACT
2.1 The Buyer's order, will be considered as "accepted" ONLY whit the Order Confirmation made by the Seller.
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 representation and cannot engage in any way the Seller.
3- PRICE – PAYMENTS – INTERESTS – GOODS IN EVALUATION
3.1 The price to be paid is indicated in the Order Confirmation and excludes VAT, costs, duties, insurance and any other tax burden.
3.2. The terms and conditions of payment are those indicated in the Order Confirmation.
3.3 In accordance with and by the effects of Legislative Decree N°. 231/2002, in case of late payment, total or partial, of the amount of money due from the Buyer, the Seller may charge the Buyer default interests to the extent provided for therein.
Moreover, the Seller shall, immediately suspend the execution of any further supply to the Buyer even if related to other contracts.
3.4 No exceptions will be done for 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 delivered on evaluation to the Buyer , passed 90 days from the date of delivery of the same goods to the Buyer, and in the absence of written communications by the Buyer 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 evaluation, any responsibility related to the goods and to their use, will be attributable to the Buyer.
In case of failure to conclude the contract of sale, the goods must be returned to the Seller, with shipping charges and packing costs charged to the Buyer.
4- DELIVERY AND PACKING
4.1 The terms of delivery are those indicated in the Order Confirmation and have purely indicative value. The non-compliance with them do not give the buyer the right to obtain the termination of the contract and / or damages compensation.
4.2 The delivery will be done from the Seller's factory (Ex Works -Incoterms) and will include the simultaneous transfer of risks to the Buyer. The goods then will travel always at the risk and costs of the Buyer, even if the vector is not chosen by him.
4.3 In case of non-withdrawal of the goods by the Buyer within the terms indicated in the Order Confirmation, the Seller may charge an amount equal to 1% of the invoice amount every month for storage costs in stock.
4.4 In absence of specific written instructions by the Buyer, the Seller is reserved to determine the type of packing.
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 The Seller guarantees that the goods will be of good quality, without any faults and defects in workmanship and labour and guarantees them, within the limits of their constructive conception.
6.2 The warranty will last 12 months from the delivery date.
6.3 At the moment of delivery of the goods, the Buyer will be required to check the status immediately and any faults and obvious defects must be notified to the Seller, under penalty of forfeiture, within 8 days from the receiving of goods, by registered letter with return receipt or PEC. In case of hidden defects, the Buyer shall notify them to the Seller within 8 days from the discovery in the same manner yet mentioned.
6.4 The guarantee will include the repair of parts recognized to be defective (to be made at the factory of the Seller) or their replacement.
This warranty does not include:
- Damages resulting from repairs, changes, unauthorized tampering or alterations made to the goods;
- Damages caused by overloading exceeding the limits set by the Seller;
- Damages caused by tampering, from corrosion or abrasion of chemical type or abrasions of each type and nature caused by the transported fluid;
- Damages caused by inexperience in the use, negligence, non-observance of the instructions of use and maintenance given by the Seller and contained in the instructions for use and maintenance
6.5. The above warranty excludes the Buyer's right to compensation for damage whether direct or indirect, arising from defects of the goods including the damage caused by the failure and / or partial use of the goods, except in cases of wilful misconduct or gross negligence.
7- LAW AND JURISDICTION
7.1 This contract shall be subjected exclusively to Italian law with expressed exclusion of the Vienna Convention ( 1980 ) regarding the International sales.
7.2 Any dispute that may arise between the Parties relating to this contract, will be settled by the Court of Verona.
PRIVACY OF PERSONAL DATA CUSTOMER – Art 13 Reg EU 2016/679
As regards the processing of personal data, we inform you that:
Data Controller is the company Marelli Ventilazione S.r.l. , with registered office in San Martino Buon Albergo (VR) Viale del Lavoro 28
They following personal data are collected and processed: : 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 themselves, for: a) pre-contractual and termination of the contract's purposes, b) administrative and accounting-tax and legal obligations related to invoicing and management of the contractual relationship.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) internal corporate people staff at data treatment and system administrators in case of IT work; ii) external parties of the following categories: external consultants and their agents / services / banking companies, insurance and credit institutions /inspection bodies. The processed data may be transferred by the Owner to third countries for the purposes mentioned above. However, in case of transfer of data to third Countries, it will occur in compliance with the actual legislation according to the Article 44 e ss GDPR 2016/679. The data will be processed in print and digital format. The data will be processed by the Owner for the period necessary to the execution of / and purpose yet mentioned 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 defence 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. Not providing the data makes it impossible to pursue the mentioned purposes. The person concerned, if required by law, has the right to request in every moment, the access to his/her personal data, their correction, cancellation, limitation , and to oppose to their use and to exercise the portability's right of data. 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. In case of alleged violation, the person concerned, if there are the conditions, has also the right to complain to a supervisory authority staff at data protection in the EU member State where he is habitually resident or in the EU State of employment or under which the violation occurred. The treatment is not carried out 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, you can send a request to the email address: firstname.lastname@example.org
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 – Price - payments - interest – goods on behalf vision responsibilities – 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