GENERAL CONDITIONS OF SALE
1) ACCEPTANCE OF THESE GENERAL CONDITIONS
All supply contracts are stipulated in accordance with these general conditions of sale, except for an express exception signed by Personal Service srl, whose validity is limited to the contract for which it is agreed.
These general conditions as well as any special conditions in derogation, will be considered accepted by the Buyer even if they differ from the general or particular conditions of purchase of the Buyer. The latter will bind Personal Service srl only if expressly accepted in writing.
2) BUYER'S OBLIGATIONS AND CHARGES
The following are the sole responsibility of the Buyer:
2.1 Any costs of custody, storage and insurance for failure to collect the finished supply at Personal Service srl no later than 7 days from the notice of goods ready.
2.2. Packaging costs, delivery and unloading costs, delivery and transport costs to the assembly site, the provision of a room for the storage of materials and tools, the Purchaser remaining responsible before and during assembly for the conservation of the materials also supplied against fire, theft and any accidental damage;
2.3 the use and construction of access roads and aprons; 2.4 the issue of authorizations and permits;
2.5 Unloading, assembly - assembly and installation; 2.6 VAT
3) OBLIGATIONS OF PERSONAL SERVICE SRL
3.1. The contract is finalized, becoming binding for Personal Service srl, upon receipt of a copy of the order confirmation, duly countersigned by the Buyer, and of the correct fulfillment of the obligation to pay the agreed down payment, as a confirmatory deposit, by the Buyer
3.2 Delivery times start from the moment of completion of the contract, barring unforeseen circumstances or force majeure, such as strikes, unavailability on the market of raw materials or irreplaceable materials, etc.
3.3. The delivery terms indicated are expressed in working days, are indicative and do not bind Personal Service srl in any way. No compensation will be paid for any direct or indirect damages due to delivery delays for reasons not attributable to Personal Service srl, or to interruption or partial or total resolution of the supply.
3.4. Delivery is understood to have been made from the date of notification of the goods ready, or from its delivery to the carrier for shipment. The transport times by courier are considered additional to the delivery times indicated in the order confirmation.
4) SHIPPING / METHOD OF DELIVERY
4.1 Delivery is processed for all purposes, upon notice of goods ready,
communicated by fax or e-mail.
4.2 The Buyer must collect the material within 8 days from the notice of goods ready or provide the necessary instructions for delivery.
4.3 In case of failure to collect the material, Personal Service srl will issue a regular invoice starting from the notice of goods ready and the Purchaser must in any case make regular payments bound to the delivery itself, as if the material were been withdrawn.
4.4 The delivery of the goods is ex factory Personal Service srl, the goods travel at the risk and peril of the customer, meaning the delivery took place with the entrustment of the same to the carrier.
4.5. Any changes in tariffs, duties or similar occurring after the conclusion of the contract will be entirely at the Buyer's expense.
4.6 The goods, when collected from the Personal Service srl warehouse, are not covered by any kind of insurance except following a formal request and on behalf and at the expense of the Buyer.
4.7. The carrier, when appointed by the customer, must comply, under the responsibility of the customer, with the agreements made on the date and place of loading of the goods, as well as the indications on the loading methods provided by the staff of Personal Service srl.
The performance of our technicians for assembly, testing, maintenance, can be carried out at the request of the Buyer at the ANIE rates in force.
Any disputes regarding the goods must be sent to the Personal Service srl Assistance, in writing, no later than 15 days from delivery with specific and detailed indication of the product, order number, reasons for the complaint and photos.
The rules of art. 1519 bis and following of the Code
7.1 Unless otherwise specified, the guarantee of the material supplied will have a duration of 2 years from the date of delivery pursuant to art. 1519 - sexies, while in the case of the sale of used goods, the guarantee has a duration limit of one year.
7.2 The validity of the guarantee is conditioned by the Purchaser's obligation to report the defect to Personal Service srl within 15 days of its discovery, under penalty of forfeiture, asking to have the non-compliant good repaired or to request its replacement as long as that such remedies are possible and / or are not excessively onerous compared to each other. Personal Service srl undertakes to repair or replace, free of charge and within a reasonable time at its headquarters, those parts that, within the warranty period, show recognized defects in material, construction or workmanship that make them non-compliant with the use to which they are destined; this without being required to pay compensation for direct or indirect damages of any nature and for any reason.
7.3 Defective materials must be sent to the Personal Service srl production plant in free port and duly packaged. The repaired and / or replaced material will be returned carriage forward.
7.4 The warranty excludes lack of conformity due to facts not attributable to Personal Service srl or resulting from inattention, inexperience, tampering, normal wear or poor maintenance by the staff or natural disasters.
7.5 No product can be returned to Personal Service srl without the latter having given prior written authorization.
7.6 Returns to our warehouses are intended "subject to verification and subject to our. approval ". Personal Service srl undertakes to repair or replace free of charge any material recognized as defective by its technical services. The company does not accept any responsibility both for the shipping and testing costs and for the assembly and disassembly costs and for the reshipment of the materials, and for the costs and consequences deriving from the non-use of the materials sold or for any other damage deriving from the subsequent commitment of the same.
8) RESERVE OF OWNERSHIP
8.1 It is expressly agreed that all the materials forming the subject of the supply, even if assembled and incorporated, will remain the exclusive property of Personal Service srl until full payment by the Purchaser of the agreed price, also without prejudice to Personal Service srl's right to claim the aforementioned materials to third parties, with Personal Service srl having the right to take action pursuant to art. 1524 of the Italian Civil Code
8.2 For the entire duration of the retention of title, the Purchaser will be obliged to insure the goods against the risks of fires, explosions and civil liability, otherwise he will be responsible for the deterioration, even partial, of the equipment and any damage. .
9.1 The place of payment (even if this has been agreed by means of a draft or bills of exchange domiciled with the Buyer) is always and exclusively the headquarters of Personal Service srl in Campagnola di Zevio (VR), Italy.
9.2 The payment of the price at the agreed deadlines cannot be suspended or delayed by the Buyer for any reason and not even in the event of disputes. Any claim of the Buyer, in relation to the supply, must be asserted by him in a specific separate judgment (solve et repete).
9.3 After the expiry of the payment date, the customer will become in default ipso facto, without any prior notice or communication being necessary.
9.4 After this deadline it will be possible for Personal Service srl to request the customer, starting from the date of formal notice, to pay the interest provided for by the current provisions of law, in addition to the extrajudicial recovery costs.
9.5 Any defects in the material or its functioning cannot in any case entitle the Purchaser to delay or suspend the payment of the invoice, as the payment is not conditioned by the functioning of the goods, for which coverage with the guarantee. Therefore, in the event of a complaint, the Buyer will not be exempted from the obligation to proceed with the payment within the agreed terms.
10) INTELLECTUAL PROPERTY
Intellectual property rights relating to schemes, drawings, photos, etc. remain the property of Personal Service i srl and cannot in any way be disclosed to third parties without the written authorization of Personal Service srl
11) USE OF IMAGES AND SHOOTING
The Buyer hereby authorizes the discretionary use by Personal Service srl of images and footage taken at the construction site, which may be used by Personal Service srl through their publication on brochures, website or catalogs. with the sole purpose of advertising your brand / product.
The use of the images, as a whole, is to be considered free of charge and no claim can be made in the future by the customer.
In this sense, the Buyer releases Personal Service srl from any constraint or limitation in the use of the aforementioned material.
The supply covered by this contract does not include: testing assistance, maintenance costs, technical reports or other specific documents, certifications, verifications, authorizations of any kind, execution at institutes in charge of tests and tests that may be requested by the DL, by the Client. Principal, by the Contractor or by other appointed bodies, on materials and / or products used in the supply after the signature of this document.
13) TERMINATION OF THE CONTRACT
13.1 The obligations assumed by the Buyer under this contract are essential, so that by express agreement, the failure by the Buyer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code. , without the need for a judicial decision, without prejudice to the right of Personal Service srl, to take legal action for compensation for further damage.
13.2. If the service offered becomes excessively onerous due to the occurrence of extraordinary and unforeseeable events - causes of force majeure - Personal Service srl reserves the right to request termination of the contract pursuant to art 1467c.c.
The buyer expressly accepts the court of Mantua as the competent court for any dispute relating to the application, interpretation and execution of this contract.
Personal Service srl has the right to transcribe the supply contract pursuant to and effects of art. 2762 and cc
15) FINAL RULES
For late payments, even if not expressly provided for in this General Sales Agreement, reference is made to Legislative Decree 231/2002.
In the event of a contract concluded with subjects not belonging to the Italian State, Italian law is in any case applied to this contract.
16) INFORMATION PURSUANT TO ART. 13 D.LGS 196/2003
Pursuant to and pursuant to article 13 of Legislative Decree 196/2003, Personal Service srl, as Data Controller, provides the following information regarding the use of data:
16.1 The personal data provided by the buyer are used for the execution of this contract, for the entire duration of the same. The interested party can request its correction, integration and, if necessary, cancellation or blocking pursuant to art. 7 D. Lgs 196/2003
16.2 The data will be treated lawfully, according to correctness and maximum confidentiality; they will be recorded, organized and stored in computer and / or paper archives.
16.3 In accordance with the provisions of the law, personal data will be communicated exclusively, and only to the extent necessary for the fulfillment of contractual and legal obligations, to the following categories of subjects: 1) Freight forwarders and Italian Postal Service (EPI) for sending goods, 2) Banks, Interbank Service Companies and EPIs for making payments, 3) Consulting firms that perform certain services on our behalf (accounting, financial statements, tax compliance), law firms and debt collection companies, certification.