Items for sale by the TURBO DIESEL SRL company (hereinafter the Company), are sold to a subject (later called the customer) in accordance to the following general terms and conditions which form an integral part of every contract entered into with the Company.
The order is accepted by the commercial management of the Company from the date of issue of the order confirmation, and in the absence of notice and/or adjustments requested by the customer, which must be received by the company prior to acceptance.
The terms of delivery are always indicative and are given essential character only if expressly stated in writing in the order confirmation.
Delayed delivery will not give rise to any compensation right and will only authorize the customer to withdraw from the contract and obtain reimbursement for any amounts anticipated prior to the notice of compliance within a period of at least thirty days.
DEPOSIT AND PROCESSING OF THE CONTRACT
As a guarantee of the foreseen commitments, the Company can ask the customer to accompany the order with the payment of the amount indicated in the order itself or a lesser sum established by different agreements. Once the amount has been received, the Company will issue a receipt. Upon acceptance of the order by the Company, the sum will be considered as a deposit within the meaning and for the purposes set out in articles 13556 of civil code at the time of payment by the customer, and the sum paid as a deposit will be added to the full payment of the price.
The payment of the agreed price must be paid according to the stated agreements, at the headquarters of the Company or out of the office to persons authorized by the Company, if expressly indicated in writing. In any case, the balance will be considered validly made only upon evidence of receipt of payment.
Supplies on credit will be made only in the event that the Customer's request has been examined and approved by our Sales Department and the Office of Administration and Finance.
The delivery of the material is always made "ex works" and is therefore considered in the name and for the account and risk of the customer even if the carrier has been identified by the selling company. Any damage must be reported to the carrier with annotation on the waybill and to the company by registered letter within eight days of receipt.
Shipment, unless special arrangements are agreed on, is always carried out via lorry. The use of hydraulic cranes, tail lifts or any other accessory suitable for the material discharge, will be paid by the customer.
The payment, established in accordance with Legislative Decree 9/11/2012 192, will have to comply with the terms agreed at the time of the order confirmation. In case of delayed payment, the customer will be required to pay at the end of the deadline any accrued default interest as established by Legislative Decree 09.10.2002 231.
In case of non-payment, the Company will have the faculty to suspend, entirely or in part, the delivery of the material.
PRODUCTS IN STORAGE
In the event that the customer, alerted by the availability of goods, does not provide for their withdrawal, TURBO DIESEL SRL will have the right to issue invoices for the goods and take action to send the material to the customer’s address.
RETURNS OF MATERIAL
Returns of material will have to be expressly authorized by the Company. The return requests must be received within a maximum of five days from receipt of the goods, which must be in good condition and in their original packaging. We do not accept returns under any circumstances for special designs made specifically for the customer.
In any case, the defective equipment must be returned prepaid and, once it is ascertained that the defect falls under our responsibility, will be repaired or replaced and sent via freight collect.
In the event of sales by instalment or deferred deadlines, ownership of the goods remains of the Company until full and complete payment by the Customer, pursuant to and by effect of the rules laid down in Articles 1523 and resulting from the Civil Code.
The general warranty lasts for two years, starting from the dispatch date of the material.
The warranty covers all manufacturing defects excluding rubber or plastic parts, the electrical parts and those subject to wear, and is limited to the replacement or repair at our facility and under our care of the product recognized as defective. Under no circumstance, however, the guarantee implies the possibility of a claim.
The material to be submitted to assessment must be accompanied by a document which shows the number of product series, the date and the invoice number, as well as the reasons for the warranty claim.
DISCLAIMER OF WARRANTY
The warranty does not cover the following causes:
when damages are due to negligence, lack of compliance with the instructions, incorrect use of the product, tampering of the product, accidental breakage due to transport, lack of maintenance of the product or parts thereof.
Claims or disputes, will not entitle the customer to any right of cancellation or delay of payments.
Under the legislation currently in force related to the protection of personal data, the Company, as owner of the data treatment, informs that the personal data about their customers are treated as per the provisions of Law 196/2003, as per information delivered to the customer in a separate signed document approving "Consent to the processing and communication and dissemination of personal data under Articles. 23:25 Legislative Decree n. 196/03".
VAT AND PRICES
The prices displayed on the price-list are always to be considered as net prices, therefore excluding VAT, and in any case indicative taking into account changes in prices, given that the only binding prices for the Company are those expressly stated in the accepted commission/ order copies.
All the controversies arising from the present contract will be devolved to the decision of the Tribunal of Cuneo.