These TERMS AND CONDITIONS, below Cgv, govern the contractual relationship resulting in acceptance by La Tecnika Due Srl, based in Strada Arrivore 31, 10154 Torino, VAT 06070670010. The provision is subject to acceptance of these GENERAL CONDITIONS OF SALE by Purchaser, which must examine it on the website http://www.latecnikadue.com and/or request a copy.
The application of these Cgv by La Tecnika Due Srl is mentioned in all order confirmations sent to its customers.
The success of the operation of the contract will be considered as tacit acceptance of these Cgv, provided that the Purchaser does not expressly objected to the content in writing, prior to the execution itself.
The explicit or tacit acceptance of these Cgv constitute a waiver by the client to the application of its conditions of sale, general and particular.
These general conditions of sale do not apply to exports of products or articles outside the Italian territory, for which there are different contractual conditions. Moreover, in the case where the products or items delivered to the customer in Italy are subsequently exported by these, it will be customer’s responsibility to obtain, at his own expense, all the necessary licenses and authorizations, also conforming to the rules on export between Italy and the destination country, with particular reference to the rules for the export of high technology products.
Any agreement in derogation from or in addition to these Cgv must be expressly in writing on company letterhead of La Tecnika Due srl and countersigned by both parties, or will be deemed invalid and not applicable. In case of conflict of interpretation, it prevails despite the rules contained in GVCs.
La Tecnika Due srl reserves the right to modify, at its sole discretion, its general conditions of sale. The most current version of the same will be published on http://www.latecnikadue.com website.
The order is intended as irrevocable offer to purchase, it must be considered as accepted by La Tecnika Due Srl only following the confirmation of order or the order is the same.
The acceptance of these Cgv is considered accepted by the customer from the date of receipt of the order by La Tecnika Due srl.
2) ORDER PROCEDURES
Tenders de La Tecnika Due Srl, without the express written exemption contained in the offer, valid for a maximum of 30 days from the issuance of the offer. Once the deadline, the offer will automatically lapse.
All the orders must be submitted written and complete in all parts necessary for the proper identification of the Products and Services requested. Any telephone or verbal orders will be considered valid as confirmed to the customer.
The Purchaser may request the cancellation or modification of the order just before the execution of the same, by written notice.
La Tecnika Due srl has the right not to accept changes or order cancellations in relation to the state of completion of the contract. Changes and cancellation, to have effect, must be expressly accepted by La Tecnika Due srl
3) PRICES AND CONDITIONS OF PAYMENT
Payments can be made as follows:
By bank transfer (UNICREDIT – IBAN: IT10W0200801124000004631930);
By cash or check, to the extent permitted by applicable law;
By Cash Order;
Additional forms of payment will be agreed beforehand with permission.
Prices are listed without VAT. La Tecnika Due srl has the right to make changes to price lists without prior notice, by sending explicit notice to the Customers. The prices applied to the order will be those in force at the time of the Order itself, or different ones, specifically agreed in special SUPPLY CONTRACTS.
Payments must be made in the terms established, even in the event of late delivery or total/partial loss of goods not ascribable to La Tecnika Due srl. In case of delayed payment, non-payment of a single deadline involves the enforceability of the balance of other maturities in accordance with art. 1186 cc.
Checks, bills of exchange and bank receipts are considered payments made solely to the successful conclusion of the same.
In the event that payments are not made within the agreed time, the day following the expiry of the deadline for payment, the amount due shall be effective without the formal notice is required, the default interest provided for by Legislative Decree no. 231 of 9 October 2002, as amended by Legislative Decree no. 192/2012.
La Tecnika Due Srl, in case of delay in performance by the Purchaser, the high exposure or decrease in entrusting (default risk) will have the power to:
– Require prepayment or cash on delivery or the provision of appropriate guarantees;
– Suspend all or part of the execution of orders in progress at the date of default;
– Revoke agreed deferrals of payment, thus making all the Purchaser immediately payable debts.
La Tecnika Due Srl, to the extent permitted by law, reserves the right to claim compensation for any further damage, and the reimbursement of any costs or expenses incurred for the recovery of their claims, including attorneys’ fees. In case of any kind of delay in payment of the consideration, all sums at that time owed by the customer to La Tecnika Due Srl, also in relation to other supplies, will become immediately due and payable for the whole, it being understood that purpose revoked any extension of payment granted by La Tecnika Due Srl
Payments must be made in Euros; other currencies can be agreed in writing between the parties, to the extent permitted by law.
4) DELIVERY, PASSING OF RISK AND PROPERTY
Delivery deadlines start from the date of the order by La Tecnika Due srl. The products travel at Buyer’s sole risk; delivery shall be deemed occurred, without exception, with the handover of the Products to the carrier, which will always be considered an auxiliary of the Purchaser, although chosen by the Supplier. All the risk for damage, loss and whatever else the Products are the sole responsibility of the customer from the time of delivery or withdrawal notice, in case the customer will See to it by its own means. Any request, complaint and/or transport action should be promoted by the Buyer against the carrier. Any damage suffered by the Products or their loss, as well as their possible the destruction, does not relieve the Purchaser from the payment of the agreed price.
La Tecnika Due Srl is not responsible for any delays in delivery in the case of:
– Major force or exceptional occurrences, shortages of raw materials, restriction of energy sources;
– Delays attributable to the Purchaser, in particular for lack or late communication of data required for order fulfillment;
– Failure to comply with payment conditions, in accordance with articles. 1460 and 1461 of the Civil Code
Delays attributable to La Tecnika Due Srl may give rise to any compensation only if a SUPPLY CONTRACT has been expressly countersigned, and in any case up to a maximum amount equal to the value of the supply.
The Purchaser must take delivery of the goods in the event of partial deliveries or subsequent to the date agreed upon. Will be charged the same all the expenses generated by the goods are not collected.
In the event of changes to the order, which have been agreed by the parties under these Conditions of Sale, the delivery time will be automatically extended by the time necessary to execute the order as modified.
5) RESPONSIBILITY AND REPORTING OF DEFECTS
Unless otherwise agreed in writing between the parties, the goods will be made ex-warehouse of La Tecnika Due srl.
La Tecnika Due Srl, pursuant to art. 1510 paragraph 2 of the Civil Code, means liberated from the obligation of delivery with custody of the goods to the carrier in charge, so the risk on the transport burden on Buyer. In case of return postage paid, expressly agreed between the parties, it will be by La Tecnika Due srl to choose a courier of their choice.
The Buyer must examine the goods received accurately at the time of delivery and report in writing to La Tecnika Due Srl, within three (3) days of delivery, any defects found – or found – the outcome of that review, or to propose any other claim related to the products. In the event that the Purchaser fails to make such notification above the goods will be deemed to be finally accepted and complies with the requirements of the order, without prejudice, attemptable no later than 1 (one) year from delivery, to assert any non-visible defects, provided that proper termination has been made within 3 (three) days from discovery thereof (in accordance with the provisions of Article 1495 of the civil code).
The complaint must be made in writing and addressed to La Tecnika Due srl. In the complaint we will identify all the data necessary to trace the shipment: the order number, d.d.t., invoice etc. La Tecnika Due Srl, in its sole discretion and in relation to the state and type of goods, may:
– Provide the missing goods in case of error on the amount;
– Repair / replace the defective goods;
– Grant discounts on future supplies;
– Issue credit notes and order the withdrawal of the goods.
Buyer shall refuse delivery by the carrier if the packs is damaged, and they have to immediately inform La Tecnika Due srl of the incident; otherwise, the delivered goods shall be deemed accepted in the state where they are at that moment.
Any claim or dispute over the terms expressly set forth in GVCs will not be taken into account and the goods will be regarded as satisfactory in every respect.
La Tecnika Due srl ensures that the supply: compliance with order specifications, meets current standards and regulations, and is free from defects.
Unless otherwise agreed in a special contained SUPPLY CONTRACT signed by both parties, the warranty on the product supplied has the length specified by the manufacturer and shall run from the date of receipt of goods.
The guarantee does not operate in the event of tampering with the goods, deterioration for reasons not attributable to La Tecnika Due Srl, use of goods outside the limits of use customary or established by specific rules or set out in the technical documentation delivered by La Tecnika Due srl. The non-functioning of the overall system in which the goods will be placed will not result in liability of La Tecnika Due srl.
When La Tecnika Due srl acts as Reseller/Broker without a direct distribution contract with the manufacturer, the warranty on the resold products is intended only as a possibility of replacement or compensation for the bare cost of the material. In the same cases, the possibility of providing documentation and technical support regarding the resold product could also be limited.
All warranty services will be suspended, without notice, in case of insolvency or delayed payment by the customer.
La Tecnika Due srl warrants and certifies compliance with all applicable laws and regulations, including laws enacted by the European Communities, the regulations on safety and health in the workplace, environmental quality, marking, etc.
7) RETURN OF THE PRODUCTS AT LA TECNIKA DUE S.R.L.
No return of items without the prior written consent will be allowed at La Tecnika Due Srl, except as provided in paragraph “Guarantees”. After obtaining the consent of La Tecnika Due Srl, to be entitled to a refund, the Purchaser shall return the items, according to the following conditions:
- The articles must not be used and must be returned in the same condition in which the customer has received them;
- The return must take place within 15 (fifteen) days from the date of granting of the Authorization Number;
- If the conditions of sale do not contain specific instructions (and these were not subsequently indicated by La Tecnika Due Srl), all parts or components that have been added to the product or article by the customer must be removed before returning to La Tecnika Due Srl; otherwise, La Tecnika Due srl will be authorized to remove and/or delete all additional parts;
Although the packaging is intact article, it will still be applied to a fixed contribution to the operating expenses of return equal to 15.00 (fifteen) Euros;
Items are returned to La Tecnika Due srl at the expense and risk of the customer. The products that return in La Tecnika Due srl must be properly packaged and shipped to the Logistics Centre La Tecnika Due srl – Strada Arrivore 31, 10154 Torino.
8) RESOLUTION AND ABOLITION OF ORDERS
In case of non-payment, total or partial, or violation of these Cgv, La Tecnika Due srl shall be entitled to suspend the provision and related guarantees, as well as to immediately terminate the relationship in progress.
The ratio between the Parties will also be considered terminated ipso jure in the event of:
– Bankruptcy or other insolvency procedures provided by law;
– Sale of a company or a branch of business.
La Tecnika Due srl reserve the right to not make business with certain entities. In addition, La Tecnika Due srl reserves the right to refuse or cancel any orders, regardless of whether or not payment has been received, notifying the customer via e-mail, telephone or fax within 48 (forty eight) hours (excluding Saturdays and public holidays) from receipt of order. In case that La Tecnika Due srl don’t accept or cancel an order for which payment has already been made, La Tecnika Due srl promptly refund the full amount received. It remains, however, understood that the refund of the price is at the only charge of La Tecnika Due srl for the rejection or cancellation of the order, being in this regard include any kind of liability on La Tecnika Due srl.
The Purchaser, its employees, agents, contractors and subcontractors keep confidential the technical documents and information received in the course of delivery.
La Tecnika Due srl ensures that the information and personal data communicated to it will be treated in full respect of the Governing Law in the field of personal data protection and processing.
At La Tecnika Due srl the personal and commercial information relating to the Contract of Sale will be collected and stored in order to fulfill legal obligations. In case of refusal to supply the personal and fiscal data, La Tecnika Due srl will be unable provision of services required.
The Purchaser may exercise the rights under Art. 7 of Legislative Decree 196/2003.
The party responsible for data processing is: La Tecnika Due Srl, Strada dell’Arrivore 31, 10154 TORINO.
10) CALIBRATION SERVICE AND REPAIR TOOLS
La Tecnika Due srl offers, through third-party vendors selected by the same specifically approved, a calibration service and repair for some measuring instruments and equipment, purchased at La Tecnika Due srl at the set price. The certifications that you can get in front of the calibration of the instruments are the following:
Calibration / Test Report;
LAT accredited certificate.
The calibration service is performed under the following conditions: a service performed, will be issued, by the persons charged to a competent body, one of the certifications above, which will verify the successful calibration of the instrument. Special conditions must be agreed and confirmed in writing by La Tecnika Due srl.
11) JURISDICTION AND APPLICABLE LAW
The jurisdiction exclusively for disputes arising from the interpretation and application of these Conditions is the Court of Turin. The law applicable to the contract is the Italian law. If the customer qualifies as a consumer, any disputes arising from these terms and conditions shall be resolved to the jurisdiction of the courts of the place of residence or domicile of the consumer.
For information on these general conditions of sale, please contact La Tecnika Due srl – Technical Services, Road Arrivore 31, 10154 Torino, fax 011 2425905, email: email@example.com.
La Tecnika Due Srl makes the import and export classification information available for informational purposes only. It may not reflect the most current legal developments, and La Tecnika Due Srl does not represent, warrant or guarantee that it is complete, accurate or up-to-date. This information is subject to change without notice. Information supplied are not intended to constitute legal advice or to be used as a substitute for specific legal advice from a licensed attorney and or customs broker. You should not act (or refrain from acting) based upon information supplied without obtaining professional advice regarding your particular facts and circumstances.