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General conditions of sale
1. GENERAL POINTS
These general conditions shall apply to all purchase agreements for Came Cancelli Automatici SpA materials, hereinafter called "the
company".
2. OFFERS AND QUOTATIONS
The company's quotations are valid for a 30-day period at the most starting from the date they are sent.
3. ORDERS
The sale agreement is executed once the written order is confirmed by Came Cancelli Automatici Spa or when the order is fulfilled by
the company. Orders that are addressed, and signed by clients, to Came Cancelli Automatici SpA are deemed to be firm and irrevocable
for 30 days starting from the date they are received by the company. Any change or addition to the single provisions of these general
conditions or single provisions of the order which was originally addressed by the client, shall have no validity unless otherwise approved
in writing by the company. For any changes to the order, the company reserves the right to cancel both the changes an the original order.
The delivery date for the goods appearing on the orders is always and in any case exclusively indicative, and any delays of such term may
never justify claims for compensation or cancellation of contract.
Particularly, the company reserves the right to extend the delivery terms or cancellation of order in the event of: force majeure or events
that are beyond the control of the company; change of the Client's legal status; difficulty in sourcing raw materials and component parts.
4. DELIVERY AND FORWARDING
The place of production or registered office of the company shall be the place of fulfilment for delivery. The cost and risk of the travelling
goods is borne by the buyer ex works, pursuant to the 2000 incoterms. Unless otherwise agreed, the company establishes, for and on
behalf of the client, the type of shipping, the travel route and type of carrier. The company reserves the right to carry out partial deliveries
and fulfilment of orders, thereby issuing a separate invoice each time: in this case all partial deliveries shall be autonomously invoiced and
the terms of payment shall begin as of the date on each invoice; the client may not, therefore, defer payment of partial orders, until the last
delivery is made as concerns the original order.
5. PRICES AND PRICE LISTS
The prices are intended for goods delivered free to the company's registered office, not including VAT, with normal packaging, and not
including forwarding expenses. Any reference to list prices shall refer to the latest price list published by the company, which theretofore
cancels any previous price lists.
6. PAYMENTS
Non-payment within the established terms, shall result in the application of interest pursuant to Lgs. Decr. 09/10/2002 n. 231 and
subsequent amendments and upgrades, with any possible greater damage unprejudiced. Any delay in payment, shall mean that the client
shall owe the company, any losses due to exchange rates. The client may not advance any demands nor raise any exceptions as concerns
the company, unless after having paid the goods it purchased. The company reserves the right to block all shipping and supply orders
underway in the face of any irregularities in the payments, without need of prior notice nor compensatory damages of any kind.
7. RETURNS AND CLAIMS
All claims must be filed in writing within 8 days of receiving the goods, whether such claims refer to the quantity or quality of the delivered
goods. Returned goods shall be accepted by company only following a written agreement, and only for new and packaged goods. Any
returned goods must be complete of their relative transport documents, showing the company's written authorisation to accept the
returned goods including the quality and quantity of the returned goods.
The returned goods shall not be accepted by the company unless carried out in the above mentioned manner and, especially, returned
goods shall not be accepted if received at any of the company's premises.
8. GUARANTEE
The company guarantees the proper functioning of the products that it provides, as per the technical characteristics that are expressly
shown on its products' technical sheets. The guarantee shall not apply in the case of any environmental interferences of any nature, which
could cause disturbances in the functioning of any existing or future installations (radio frequencies – proximity of electric power lines...).
The guarantee does not cover the normal wear and tear of the equipment, or mistakes made during the mounting phase or due to
maintenance flaws, and in any case it does not cover any cases in which flaws in the functioning can be traced back to factors stemming
from anything other than manufacturing.
The deadlines for filing a claim for any flaws or for the statute of limitations for actions to which the buyer is entitled are those foreseen by
Italian law. The company at its own leisure, may decide to withdraw any goods supplied which it has ascertained as faulty, or decide to
repair said ascertained flaws. The client may not request to be compensated for any indirect damages, missed gains, production losses,
and in any case may not expect as compensation any sums greater than the value of the supplied components or products.
9. REPAIRS
Repairs to purchased items request by the client shall be carried out by the company following an agreement on the price of said repairs.
In any case the expenses for labour and shipping (roundtrip) shall be borne by the client.
10. RESERVATION OF TITLE
It is expressly agreed that, any delivered goods remain owned by the company until the client pays the entire balance, regardless of who
is in possession of said goods. Transport expenses and any other expenses needed to retrieve the equipment, therein including any
extraordinary expenses as well as any repeatable ones, shall be borne by the client.
11. APPLICCABLE LAW – SETTLEMENT OF ANY DISPUTES Any arising dispute resulting from the sale agreement, shall be settled
according to the Italian law, thereby excluding any other law and in supplement to the Vienna Convention on the international sale of
goods. All disputes shall be subject to Italian jurisdiction and come under the exclusive competence of the Tribunal of Treviso, Italy.
12. PROVISIONS ON THE SAFEGUARDING OF PERSONAL DATA.
Pursuant to current legislation for the safeguarding of personal data, clients are aware that their personal data is inputted into the
company's databank, which is necessary for the proper carrying out of the contractual relationship and for compliance with certain
provisions of law, as well as for purposes of statistics, promotion, marketing, commercial, credit protection, management and transfer of
the same .
The personal data of the buying party are processed through automated and paper-based tools by authorised persons, by using safety
procedures designed to guarantee confidentiality. The personal data of the client may by shared with Public Bodies, companies of the
group, credit recovery firms, or consortiums or associations with business scopes, market research scopes, or marketing scopes. The
data processor shall be the company, and the client may address said company to uphold their own rights as per law. To this end the
buying party is aware that at any time it may access its personal data, ask that it be updated, corrected and/or prohibit it from being used.
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