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Terms and conditions of sale

1- SUBJECT.

The goods to be purchased are those described in the General Catalog and/or the technical/commercial description and/or the Order Confirmation, and anything not expressly stated is excluded from the contract. The goods comply with the Machinery Directive 2006/42/EC.

It shall remain the Buyer’s responsibility to indicate to the Seller any technical or usage characteristics of the goods other than those which are the subject of the purchase and sale as described above. Verification of regulatory compliance of goods in a foreign country other than Italy is the responsibility of the Buyer.

The classification of the potentially explosive area is carried out by the Buyer whose work centers and activities contain or may give rise to such hazards (Directive 1992/92/EC). Verification that the motor or fan is correct and conforms to this zone is the responsibility of the Buyer with responsibility borne by the Buyer.

The choice in order of the object of purchase and sale is made by the Buyer, and consequently the Seller shall not be held liable for damages resulting from errors in the selection of installed motor powers or incorrect selection of fans and their operating points or applications.

2- ACCEPTANCE AND CONCLUSION OF THE CONTRACT

2.1 The Buyer’s order, shall be deemed accepted only upon Order Confirmation by the Seller

2.2 These Terms and Conditions shall apply to the contract between the Seller and the Buyer.

2.3 The Seller’s agents have no power of representation and cannot bind the Seller in any way.

3- PRICE – PAYMENTS – INTEREST – GOODS ON ACCOUNT OF VIEWING

3.1 The price to be paid is stated in the Order Confirmation and is exclusive of VAT, expenses, duties, insurance and any other tax charges.

3.2. The terms and methods of payment are as stated in the Order Confirmation.

3.3 Pursuant to and in accordance with Legislative Decree no. 231/2002, in the event of late payment, in whole or in part, of the sums due by the Buyer, the Seller may charge the Buyer late payment interest to the extent provided therein.

The Seller may, in addition, immediately suspend performance of any further deliveries to the Buyer even if they relate to other contracts.

3.4 No exception may be raised by Buyer for the purpose of delaying or suspending payment in the event of Buyer’s total or partial default.

3.5 In the case of goods delivered to the Buyer on a “viewing account,” 90 days after the date of delivery of the same goods to the Buyer, and in the absence of written notice from the Buyer to the Seller, a contract of sale shall be deemed to have been concluded on the terms contained in the Order Confirmation, and the Seller shall proceed to invoice the Buyer for the products. During the “viewing account” period, all liability in connection with the goods and the use of the goods will be the responsibility of the Buyer.

In the event of non-conclusion of the purchase and sale contract, the goods shall be returned to the Seller, with transportation and any packaging costs to be borne by the Buyer.

4- DELIVERY AND PACKING

4.1 The delivery terms are those indicated in the Order Confirmation and are indicative only. Failure to comply with them will therefore not entitle the Buyer to contract termination and/or damages.

4.2 Delivery shall be deemed to be made Ex Works -Incoterms of Seller and shall involve the simultaneous transfer of risks to Buyer. Goods will therefore always travel at Buyer’s risk and expense, even if the carrier is not chosen by Buyer.

4.3 If Buyer fails to collect the goods by the deadline specified in the Order Confirmation, Seller may charge an amount equal to 1% of the invoice amount each month for warehouse storage costs.

4.4 In the absence of specific written instructions from Buyer, Seller reserves full freedom to determine the type of packaging.

5- TESTING OF GOODS

Testing of the goods will be carried out only at Buyer’s request at Seller’s premises, in the presence of Buyer’s personnel, if any. Acceptance shall be deemed positive (even if Buyer’s personnel are not present) if Buyer does not contest it by registered letter AR or PEC to be sent to Seller within 15 days from the date of acceptance. The cost of testing will be borne by the Buyer.

6- WARRANTY.

6.1 The Seller warrants that the goods being sold will be of good quality, free from defects or faults in workmanship and workmanship, and guarantees the same, within the limits of their constructive design.

6.2 The warranty will be 12 months from the date of delivery.

6.3 Upon delivery of the goods, Buyer shall immediately inspect the condition of the goods and any obvious defects and faults shall be reported to Seller, under penalty of forfeiture, within 8 days of receipt of the goods, by registered mail with return receipt or PEC. In the case of hidden defects, the Buyer shall report them within 8 days of discovery in the same manner as above.

6.4 The warranty will include repair of any parts found to be defective (to be made at the Seller’s facility) or replacement of such parts.

They are excluded from the warranty:

    • Damage resulting from unauthorized repairs, modifications, tampering or alterations made to the goods;
    • Damage caused by overloading beyond the limits specified by the Seller;
    • Damage caused by tampering, chemical corrosion or abrasion of any kind or nature caused by the transported fluid;
    • Damage caused by inexperience in use, negligence, non-compliance with the instructions for use and maintenance given by the Seller and contained in the warnings for use and maintenance

6.5. The above warranty excludes the Buyer’s right to compensation for damages, both direct and indirect, arising from defects in the goods therein including damages resulting from the failure and/or partial use of the goods, except in the case of willful misconduct or gross negligence.

7- APPLICABLE LAW AND JURISDICTION

7.1 This contract is subject exclusively to Italian law with the express exclusion of the 1980 Vienna Convention on International Sales.

7.2 Any dispute that may arise between the parties in connection with this contract shall be settled by the Court of Verona.

8- PRIVACY.

INFORMATION ON THE PROCESSING OF CUSTOMER PERSONAL DATA – Art 13 EU Reg 2016/679

In connection with the processing of personal data provided, we inform you that:

The Data Controller is the Company Marelli Ventilazione s.r.l , with registered office in San Martino Buonalbergo (VR) Viale del Lavoro n.28

email info@marelliventilazione.com

Pec marelliventilazione@pec.it

The following personal data are collected and processed: personal data of a common nature (first name last name, contact details, email, cell phone, bank details) referring to: customers natural persons, companies/customer entities and referents-employees-collaborators-subcontractors of customers, possibly communicated by them, for: a) pre-contractual purposes and execution of the contractual relationship, b) administrative-accounting-fiscal and legal obligations related to billing and management of the contractual relationship .The legal basis for data processing is therefore: fulfillment of contractual obligations for the purposes referred to in point a); legal obligations, for the purposes referred to in point b).The Company may communicate the data processed for the above purposes to: i) internal company subjects in charge of processing and system administrators in the case of IT interventions; ii) external subjects belonging to the following categories: external consultants and their appointees/service companies/banks, insurance companies and credit institutions/regulatory bodies and agencies. The processed data could be transferred by the Data Controller to Third Countries for the purposes indicated above. However, in case of transfer of data to said Countries, the same will take place in compliance with the regulations in force from time to time on the subject of pursuant to art 44 et seq. GDPR 2016/679. The data will be processed in paper and digital format. The data will be processed by the Data Controller for the period necessary for the execution of the above-mentioned purpose(s) and at the end of them for the additional prescriptive period of law related to the preservation of contracts and administrative data and/or for the defense in court (ten years from the last use and/or prescription interrupting event). The provision of data is mandatory for the execution of the contractual relationship and legal purposes. Failure to provide the data will result in the impossibility of pursuing the aforementioned purposes. The interested party, if the legal prerequisites exist, has the right at any time to request access to their personal data, rectification, cancellation, limitation of the same, to object to the processing and to exercise the right to data portability. In any case, the data subject has the right to revoke at any time any consent given to the processing of data, without prejudice to the lawfulness of the processing based on the consent given before revocation. In the event of an alleged breach, the data subject, if the conditions are met, also has the right to lodge a complaint with a Data Processing Supervisory Authority located in the EU member state where he or she normally resides or in the EU state where he or she works or where the alleged breach occurred. The processing is not carried out by automated decision-making processes (e.g., profiling). To obtain further information on the processing of personal data and methods of processing, to oppose the processing or exercise rights provided by the current legislation on the protection of personal data (access, rectification, cancellation, restriction, opposition, portability) and/or to know the full list of internal and external subjects in charge of the processing and/or to obtain information regarding the transfer of data to non-EU countries and related guarantees, including the mechanisms and protections of data transfer ex art 44 et seq. GDPR may send a request to ’email address: info@marelliventilazione.com

They are specifically approved pursuant to and in accordance with Articles 1341 c. ce 1342 cc Italian the following clauses:

  1. subject limitations and restrictions on Seller’s liability – price – payments – interest – goods on account vision liability – delivery terms and limitation of powers for Buyer; delivery and risks for Buyer; penalty for failure to collect goods;
  2. Warranty exclusions and limitations;
  3. Applicable Law and Jurisdiction

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