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1. ORDERS
An order is binding on the customer and is understood to have been accepted only if confirmed, in writing, by ELETTROSYSTEM S.R.L. The goods supplied consist of those explicitly specified in the order confirmation and any technical specifications. Any additional services or modifications are charged separately.
2. DOWN PAYMENTS
All orders must be accompanied by a down payment. Down payments are always non-interest-bearing and the sum and will retained by ELETTROSYSTEM S.R.L. as a penalty payment in the event that the order is cancelled by the customer, without prejudice to the right of ELETTROSYSTEM S.R.L. to claim further damages and the right to demand fulfilment of contractual obligations.
3. PRICES
Unless otherwise agreed, prices are understood to be in cash and consigned ex-works from the Padova factory. The price is as stated in the order confirmation.
4. DISPATCH AND DELIVERY
The delivery time is non-binding and therefore no form of damage compensation will be granted for late delivery. Customers have to collect the goods within 10 days from the date on which they are available. If the goods are not collected within that period, the customer is required to pay a penalty of 1% (one percent) of the price of the goods for each week’s (or fraction of a week) delay in collection. ELETTROSYSTEM S.R.L., at its sole discretion, may terminate the contract on the grounds of customer default, with all the legal consequences that implies, retaining the down payment as a penalty, without prejudice to claims for further damages. Unless otherwise agreed, the goods are sold ex-Padova works and any packaging will be added to the cost. Transport is always at customer’s expense and at his/her own risk even if, following a specific written agreement, the goods are delivered free to their destination. Insurance cover is only taken out by specific order of the customer and, in all circumstances, at her/his expense.
5. TESTING
If provided for in the contract, testing must be performed in the presence of ELETTROSYSTEM S.R.L. personnel. The customer must sign a declaration stating that the goods have been tested. In the absence of such a declaration or testing, the goods are considered accepted without reservation.
6. PAYMENT
Payment must be made prior to delivery. Sales with payment in instalments are subject to retention of title, pursuant to Article 1523 and subsequent of the Italian Civil Code, and therefore the goods become the customer’s property only after the final instalment has been paid. In the event of failure to pay one or more of the agreed instalments, the easy terms agreement is forfeited, and ELETTROSYSTEM S.R.L. may claim immediate payment of all the instalments still due. Any defects or faults reported for the goods supplied may not give rise to suspension of payment. Late payments will be subject to the interest charges set out on Italian Legislative Decree no. 231 of 9 October 2002.
7. GUARANTEE
ELETTROSYSTEM S.R.L. guarantees it products, new from the factory, under the following terms.
DIESEL ENGINES: 12 months from the date of first start-up notified using the correct form, but in all circumstances, not more that 18 months from the date the engine left the factory.
GAS ENGINES: 12 months from the date of first start-up notified using the correct form, but in all circumstances, not more that 18 months from the date the engine left the factory.
SPARE PART AND ACCESSORIES: 12 months from delivery or from invoicing if this precedes delivery.
The guarantee obliges the supplier, at her/his discretion, to repair or replace all the components that are unusable or seriously compromised during the warranty period, provided it can be verified that the fault was caused by defective construction or materials, prior to the transfer of risk to the customer. Replaced goods will be supplied EX-WORKS ELETTROSYSTEM S.R.L. ELETTROSYSTEM S.R.L. must be notified of the fault, in writing and without delay, within 48 hours of its being discovered. The parts replaced become the property of ELETTROSYSTEM S.R.L. and they must be returned within 15 days. If correction of a fault by ELETTROSYSTEM S.R.L. is not acceptable, with the approval of ELETTROSYSTEM S.R.L., the fault may be corrected to the proper standard by the customer or by a third party. In this event, ELETTROSYSTEM S.R.L. will refund the cost up to a maximum sum equal to the sum that would have been incurred to correct the fault directly. Servicing required to ELETTROSYSTEM S.R.L., where good defects are not ascertained (ex. engine set up or adjustment) is at customer’s expense. It is expressly stated that the supplier is not to be held liable for any damage arising from the incorrect or improper use of the goods supplied, for faulty installation and/or if it is operated by the customer or any other parties without prior authorisation, for the use of non-original components and spare parts, for repairs carried out by unapproved workshops, for normal wear and tear, for the use of unsuitable filling fluids, for inadequate foundations and/or supports, for chemical, electrical or electro-chemical factors.
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In order to carry out the necessary repair work, the customer must:
a) Guarantee the opportunity to do this and the necessary time,
b) Make available support personnel, workshop tools and equipment and do any secondary work at her/his own expense,
c) Carry out any work not included in the original order at her/his own expense.
Additional costs for work done outside normal working hours are at the customer’s expense.
The obligation to correct any fault in the goods does not include normal wear and tear and those parts that because of the type of material of which they are made of or the use for which they are intended, are subject to early wear and tear, nor any damage caused by storage, handling or improper use, by incorrect assembly or start-up, by excessive stress, by unsuitable equipment or chemical, electrical or electro-chemical factors. The same is true for any conditions found, after the transfer of risk, that are not the fault of ELETTROSYSTEM S.R.L.
The obligation to correct a fault in the goods does not apply in the following circumstances:
– If the customer has not informed ELETTROSYSTEM S.R.L. of the breakdown immediately and in writing.
– If the item purchased has previously undergone any repair or maintenance work or assistance performed by a company not approved by ELETTROSYSTEM S.R.L. and that the customer was able to recognise as such.
Or
– If spare parts or operating fluids not approved by ELETTROSYSTEM S.R.L. have been used on the item purchased.
Or
– lf the item purchased has been modified in a way not approved by ELETTROSYSTEM S.R.L., or if a third party has fitted parts that have an effect on the engine’s operation.
– If the customer has not followed the instructions for handling, care and maintenance of the item purchased (e.g. user instructions).
– If the customer has not followed the assembly instructions provided.
Any repairs, replacements or the supply of spare parts does not entail an extension of the guarantee over the original expiry date. The customer forfeits any rights to the guarantee if payments are not made exactly as agreed. The customer may not terminate the contract, claim damages or an extension of the guarantee in the event that repairs under guarantee are delayed. The product is not covered by the guarantee if it is used by the customer in contravention of the instructions for use provided by the supplier or if the routine maintenance on the item is not performed or is delayed.
8. EXEMPTION FROM LIABILITY
It is expressly agreed that the customer may not claim compensation for any damage associated with the goods supplied, in particular, damage arising from inability to engage in business or to use the goods supplied. ELETTROSYSTEM S.R.L. is exempt from any liability and obligation for any direct or indirect damage to persons or property caused by the incorrect or improper use of the goods supplied. ELETTROSYSTEM S.R.L. is exempt from any liability associated with any infringements of patent rights and those over brands and models that may be encountered in the products supplied.
9. LIMITATIONS ON USE
The goods supplied must only be deployed for the prescribed purposes. Improper use of the goods supplied results in the immediate forfeiture of the right to the guarantee.
10. SALES AGENTS
Agents and intermediaries do not normally have the power to represent ELETTROSYSTEM S.R.L. or commit the company in any way.
11. TAXES, DUTIES AND OTHER EXPENSES
All present and future expenses, including taxes and duties, associated with the sale and use of the goods supplied, are solely at the customer’s expense.
12. MEDIATION CLAUSE
Any disputes arising from or in any way connected with this contract, including disputes relating to its interpretation, validity, execution and termination, shall, in the first instance, be referred to mediation by a conciliation body recognised by the Italian Ministry of Justice. The place of mediation will be PADOVA.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, I, the customer, declare that I have read, examined and specifically accept the following clauses. 1. Orders; 2. Down payments; 3. Prices; 4. Dispatch and delivery; 5.Testing; 6. Payment; 7. Guarantee; 8. Exemption from liability; 9. Limitations on use; 10. Mediation clause.
NOTICE PURSUANT TO D.Lg. (Italian Legislative Decree) 196/2003
We wish to inform you that the information you have provided will be used for operating and management needs, to comply with legal obligations and to guarantee a proper contractual relationship. All the rights over the information granted under Article 13 of D.Lg. 196/2003 may be exercised by contacting ELETTROSYSTEM S.R.L. dire.
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