1.(GTCS and applicable Law)
1.1 - These General Terms and Conditions of Sale ("GTCS") shall apply for an indefinite period and shall govern any contract - as better defined below ("Contract / s") - from time to time concluded between the Purchaser and the Seller for the purchase of products, as defined in the following article 3 ("Product/ s"), including the contracts where the Seller acts as original equipment manufacturer (“OEM”).
1.2 - The GTCS replace the previous Seller’s general terms and conditions of sale starting from 01.12.2019. The full text of the GTCS is available online on the website: www.tecosrl.it. The Seller reserves the right to amend these GTCS, being understood that any amendment is deemed to be effective from the date of its publication on the afore-mentioned website.
1.3 All the Contracts which are going to be concluded from time to time shall be governed by the GTCS and by the internal regulations of the Italian Law in force on the subject, with the express exclusion of the application of the Vienna Convention on Contracts for the International Sale of Goods, 11 April 1980, and/or other Conventions, treaties and uniform and/or conflict laws in force concerning international sales.
2. (Formation of Contract)
2.1 - The Contract is concluded only upon acceptance - by the Purchaser - of the purchase order ("Order") received from the Seller, through express confirmation – either analog or digital- made by the Purchaser (“Confirmation”). Until such time, offers and quotations made by the Seller or by its agents, representatives and auxiliaries shall not bind the Seller.
2.2 - Any general conditions of the Purchaser will never apply, even partially, unless expressly accepted in writing by the Seller. To this end, any conclusive behaviour on the part of the Seller will not be relevant. Therefore, any conditions referred to, even in writing, by the Purchaser in any documentation and/or commercial communication related and/or connected to any Offer sent by the Seller, or at any other stage of the contractual negotiation, will not be binding for the Purchaser. In this respect, the execution, even partial, of the Offer by the Seller or any other fulfillment thereof towards the Buyer shall not be interpreted as tacit or implicit acceptance of any general condition of contract that has not been expressly accepted in writing by the Seller. It is also understood that any document or contract signed by Seller and Purchaser for any purpose after the conclusion of the Contract, will not change nor may it be considered an exception to these GTCS and the Contract, unless it is expressly stated.
2.3 - The sale relates only and exclusively to that indicated in the Confirmation.
2.4 The Contract is deemed to be concluded when the Seller receives the Confirmation in return without any modification to the Order, within the term indicated therein, duly signed by the Purchaser for acceptance, or when, before that, the delivery of the goods to the Purchaser has been carried out or the contract has been executed by the Seller's conclusive behaviour. In any case, it is understood that any verbal agreement with the Purchaser relating to the sale of the Products does not bind the Seller unless it is confirmed - in writing or for conclusive behaviour - by the latter.
2.5 Each individual Order issued by the Seller must specify the technical specifications, prices, delivery times and all other specific terms and conditions of purchase
2.6 - The GTCS are applicable jointly with the terms and conditions of the Order confirmed by the Seller and, therefore, by the Contract thus completed between the parties. In the event of a conflict, the terms and conditions of the Order confirmed by the Seller will prevail over the GTCS.
2.7 The GTCS are understood to be known by the Purchaser by virtue of the receipt of the Seller's Order, the receipt of the Confirmation by the Seller and/or the execution of the Contract.
2.8 The GTCS are valid exclusively for contractual relationships between the Seller and professional operators, therefore the Legislative Decree September 6, 2005, n. 206 (Consumer Code) and subsequent amendments and additions will not be applied.
2.9 - In the event of cancellation of the Accepted Order by the Purchaser prior to execution of the same by the Seller, the latter may ask the Purchaser to reimburse the costs and expenses incurred for the performance of the Contract or part of it, as well as compensation for further damages incurred.
2.10 - The modification or cancellation of the Accepted Order by the Purchaser - before the execution of the Contract - can only take place upon written agreement with the Seller.
2.11 When the products are manufactured on the basis of Purchaser’s instructions – including when the Seller acts as a OEM – and the Purchaser withdraws or changes its Order due to causes not attributable to the Seller, the latter is entitled to charge the former the amount equal to the costs borne for the design of the products and for the execution of the Order, in addition to the costs for the stocks of finished and semi-finished products until the notice of withdrawal.
3.1 The object of sale is represented by the following Products:
- products listed in “TECO’s General Catalogue”;
– custom made products, as described by the technical documentation agreed upon with the Purchaser.
In respect of the products listed in TECO’s General Catalogue, it must be noted that: (i) they will be delivered in accordance with the technical features stated by the Seller in the relevant technical sheets; (ii) are designed and made only for the use indicated in the technical sheets, attached and/or linked to each Order.
3.2 The configuration and technical and performance characteristics of the Products are only those defined from time to time by virtue of the stipulation of specific Contracts subject to the GTCS. In order to improve the Products, the Seller reserves the right to change their technical and/or construction features anytime and without notice.
3.3 Technical design and production calculations and other requirements of the Products are carried out in accordance with applicable law, as provided for in Article 1, above.
3.4 Any special requirements, requisites, Product performance must be explicitly requested by the Purchaser in writing and agreed in the Contract; with respect to these specific details, the Purchaser shall be liable for the suitability of the Products for the use for which they are intended and for their compliance with the laws and regulations of the place where they are to be used. In this case, the Seller reserves the right to get the engineering drawing and/or technical draft and/or sample approved in writing by the Purchaser before the start of production. Any cost linked to - by way of example, but not limited to – the making of the moulds and/or tools, certificates, laboratory tests in connection with the realization of products not listed in the catalogue shall be borne by the Purchaser. Any cost linked to changes to the Products in order to differentiate them from those in the catalogue or from the approved engineering drawing and/or technical draft and/or sample shall be borne by the Purchaser. It is understood that all the forms, moulds, models, tools and equipment used for the production – including those which are necessary for the changes and/or reworking – shall remain exclusive property of the Seller, even if their cost will be partially charged to the Purchaser in consideration of cost for the equipment or design and development costs or maintenance costs. TECO shall store these forms, moulds, tools and equipment and keep them at Purchaser’s disposal for three years from the date of the last supply.
3.5 It is understood and agreed that during the storage phase, the Products must not be exposed to natural elements and agents that may alter, deteriorate or otherwise affect the structure, consistency, appearance, quality, etc. of Products.
3.6 The packaging prepared by the Seller- unless otherwise agreed between the parties - and necessary in order to prevent damage or deterioration of the materials, under normal transport conditions, for the destination established in the Contract, must be considered perfectly fit for use if accepted without reserve by the first carrier who undertakes delivery of the Products. The packaging cannot be returned to the Seller
4. (Drawings, Seller's documentation, intellectual property)
4.1 - Prices and all data - technical and otherwise - including functionality and performance data, concerning the Products and included in any descriptive and commercial documentation (for example indicated in leaflets, brochures, price lists, catalogues, websites, offers of sale, or other paper, electronic and/or computerized media, etc.) of the Seller, except where specified in the accepted Order, do not represent a commercial or contractual offer but are indicative and unbinding for the Seller. Therefore the Seller, at any time and without prior warning, reserves the right to make changes that, at their sole discretion, deems it appropriate to improve the functionality and performance of Products, as well as to meet their technological and production requirements.
4.2 Any design, document, industrial and intellectual property right, technical information or software, related to the manufacture, assembly or maintenance of the Products, as well as those relating to parts of the same, and any other Seller design, document, industrial property right and intellectual, technical information or software remitted to the Purchaser before or after the conclusion of the Contract, will remain the exclusive property of the Seller. This material may not be exploited or otherwise used, directly or indirectly, for any purpose by the Purchaser, without the written consent of the Seller.
Any trademark, sign or logo displayed on the Products shall be the exclusive property of the Seller and cannot be altered, changed, removed or cancelled by no means by the Purchaser.
4.3 The Seller does not provide any guarantee that the production, use and marketing of Products may or may not constitute an infringement of third parties' intellectual property rights (patents, trademarks, designs, know-how, etc.), and will not be obliged to compensate and/or keep the Purchaser unharmed and/or released against disputes and/or claims brought by third parties in this regard
4.4 If the manufacture of Products is carried out by the Seller on Purchaser’s specific request and technical documentation, the Seller will not be liable for the infringement of third parties’ industrial property rights, which will instead be the sole responsibility of the Purchaser, who undertakes to guarantee and keep the Seller harmless and unaccountable from any claim made against him.
5.1 - Products are supplied with the FCA Provaglio d’Iseo Incoterms® 2010 (free carrier), unless otherwise agreed between the parties in the relevant Contract and / or in the Orders confirmed by the Seller. Unless otherwise agreed, the delivery period starts on the last of the following dates: a) the date of completion of the Contract, b) the date of receipt of a suitable deposit from the Seller. It is understood that, in connection with the quantity of Products, the Parties have agreed to tolerate the following deviations:
- Products listed in TECO’s General Catalogue: value rounded multiple times in relation to the capacity of the package;
- Custom made Products: up to the +/- 10 % of the quantity as stated in the Confirmation.
5.2 The Purchaser guarantees that the Products can be freely imported into the country/place of delivery and/or destination and formally undertakes to pay all the same, even if at the time of import into the country/place of destination there is prohibition or limitations in this regard.
5.3 The delivery terms are in favour of the Seller and in any case with the application of a reasonable margin of tolerance.
5.4 In case of deliveries by instalments, the delay or failure to make one or more deliveries will never entail the Purchaser's right to terminate the Contract in relation to deliveries already carried out or any future ones.
5.5 The Purchaser shall always accept the delivery of Products, even in case of partial deliveries.
5.6 If the Purchaser does not promptly accept delivery of the Products - for reasons not attributable to the Seller – the former shall bear all costs and risks that may arise and any sum due for any reason to the Seller will become immediately collectable by the latter.
5.7 The delivery period will be extended by a period equal to the duration of the impediment, upon the occurrence of inconveniences for which neither Seller nor Purchaser is liable, such as - including but not limited to - strikes of any nature, fires, floods, terrorist events, lack of driving force, lack or scarcity of raw materials, failures and injuries to Seller's production plants, delays in granting authorizations by the Authorities and other impediments independent of the will of the parties that make the delivery temporarily impossible or excessively expensive. In case of delay or partial delivery of Products, the Purchaser will never be entitled to refuse the delivery of Products and will be liable for any loss or damage of Products.
5.8 In case of delay in accepting delivery or late payment by the Purchaser to the Seller, the latter has the right to charge the Purchaser for storage costs of the Products already manufactured and ready for transport and delivery, to the extent determined in accordance with the following criteria, by way of compensation in favour of the Seller for the costs of deposit and storage of the Products mentioned above. The Seller shall not be liable for any loss, damage and/or deterioration of Products that remain exclusively the responsibility of the Purchaser. In particular, if - having the Products made ready for shipping to the Purchaser - the delivery has not occurred due to a fact not attributable to the Seller or due to force majeure, the delivery will be correctly carried out with the simple 'goods ready for the collection' notice sent to the Purchaser via registered letter, fax, PEC or e-mail. From the day following receipt of the aforementioned notice, the Purchaser shall pay to the Seller, in addition to the agreed price, the deposit cost at the Seller's warehouse, or at any other warehouse by the latter designated, to the extent of 2 % of the amount indicated on the invoice, for each whole week of delay, up to a maximum of 5 % of the amount indicated on the invoice in the event of a longer delay. If the Buyer's refusal to receive the goods persists for more than 30 days from the notice of goods ready for collection, the Contract shall be considered terminated pursuant to art. 1456 of the Italian Civil Code, without prejudice to the Seller's right to compensation for damages which will be determined by taking into account also: costs for storage; borrowing costs related to the manufacturing of the non-received Products; disposal costs of these Products (especially when produced in accordance with Purchaser’s special techniques); investments in equipment and machinery for manufacturing these Products.
5.9 In addition to the remedies listed under the Article 5.8 above, with regard to the custom made Products – including the cases when the Seller acts as a OEM -, it is understood that if the Purchaser refuses to accept – even partially - the delivery of the Products, the Seller will be entitled to invoice and receive the full payment of the Products manufactured in accordance with the Orders or, alternatively, to dispose of the Products at its sole discretion.
5.10 The Purchaser renounces any indemnity or claim for compensation against the Seller for direct and indirect damages caused by loading, transport and unloading operations, as well as due to delays or partial deliveries, provided that they are not attributable to wilful misconduct or gross negligence by the Seller.
6. (Transfer of risk)
Whatever the mode of transport and return specified in the Contract special conditions, the Products always travel at Purchaser’s risk and expenses, even if the delivery is agreed as free of charge, or any other equivalent or similar clause relevant only for the purpose of regulating the distribution of transport costs. The Products are not insured by the Seller. The Products may be insured by the Seller only upon Purchaser’s written request. In any case, all insurance costs will be borne by the latter.
7.1 The Purchaser acquires ownership of the Products at the time of delivery, provided that at that time the price of the Products has been paid in full.
7.2 In case of sale in instalments, the Purchaser acquires ownership of the Products delivered when the last instalment of price is paid, but assumes the
risks from the moment of delivery.
7.3 If the Purchaser does not pay one or more instalments equal to an eighth part of the price, the Seller has the right to terminate the Contract pursuant to Art. 1456 cc and to regain full possess of the Products.
7.4 Without prejudice to any other rights on the Products, the Purchaser undertakes, in any case, to do everything necessary to establish, in the country where the delivered Products are located, a valid retention of title or similar form of guarantee to the Seller, which can be opposed to third parties.
7.5 The Purchaser cannot resell, transfer, provide as collateral or in any way avail of any rights, either real or personal, on the Products purchased, without having first fully paid the price to the Seller; the latter must be immediately notified, by registered letter, the existence of any judicial proceeding (execution, bankruptcy, etc.) promoted, as well as any other deed performed by third parties which might be prejudicial to Seller’s retention of title.
7.6 The assets subject to the retention of title or other similar guarantee set pursuant to this provision must be installed, from the time of delivery until the exact payment of the entire price, at the domicile originally stated in the Contract. During this period, the assets cannot be transferred to other places.
7.7 In case of violation of the Purchaser's obligations set forth in this article, the Seller shall have the right to terminate the Contract with immediate effect, pursuant to art. 1456 cc and will be entitled to withhold the sums already paid as a penalty, without prejudice to the right to compensation for further damages.
8. (Price and payment)
8.1 - Unless otherwise specified in the Confirmation, Products prices are understood to be VAT excluded for goods delivered FCA PROVAGLIO DI ISEO Incoterms® 2010 (free carrier). The prices of the Products are always understood net of taxes, duties, transport costs, insurance, installation, assembly and assistance, not including packaging, counted separately. The payment methods will be specified from time to time in the confirmed Order.
8.2 The prices of the Products are indicative and may be unilaterally increased by the Seller - even after execution and during the performance of the Contract - if any increase in the procurement costs of the materials and/or in production costs occurred during this period of time. It is understood that the Purchaser agrees the change of the purchase price in case of a cost variation of the raw material equal to +/- 3% or a variation of the price up to +/- 2% due to exchange rate of the relevant currency.
8.3 Unless otherwise stated, the price indicated in the Seller's Order remains valid for a period of thirty days from the date of issuance of the Order and is cancelled - automatically and without further notice - upon expiry of the aforementioned term.
8.4 The price of the Products and any other sum to be paid in any way to the Seller are considered to be due - net - to the Seller's domicile.
8.5 In case of Purchaser’s non-compliance with the terms and conditions of payment, or Purchaser’s financial difficulties occurred after the conclusion of the Contract, as well as in case of partial and/or total non-payment or Purchaser’s failure to issue a suitable guarantee – if agreed -, the Seller is exempted from any obligation to start the production and/or to deliver the Products. The exemption applies both with regard to Products being the subject of the non-complied Contract and to Products other than these. In such cases, the Purchaser forfeits the benefit of the term and, consequently, the Seller has the right to immediately demand payment of the entire credit, without prejudice to its right to withdraw from the Contract and to withhold - by way of partial early liquidation of the damage and without prejudice to the right to compensation for greater damages – the sums already paid by the Purchaser.
8.6 The Purchaser will be able to assert any default of the Seller or the warranty as per article 9 below, only provided that it has exactly executed the due payments; any defaults by the Seller will not allow the Purchaser to suspend or delay payments.
8.7 Delays, even partial, in payments to the established dates will result in the exclusion of the guarantee pursuant to article 9 until the regularization of non-performing payments, as well as the automatic debiting of interests, without any notice, to the extent calculated in accordance with the rate in force in the Seller’s Country, increased by three points.
8.8 Payments must always be made in currencies with legal tender in Italy. The parties agree that any changes made at any time in reference to economic and market conditions, as well as currency fluctuations, interest rates and similar, in the Purchaser's Country, will never represent or ever be interpreted as an event of force majeure and/or cases of excessive onerous occurrences so as to release the Purchaser from his contractual obligations to the Seller. Consequently, the Purchaser will bear any harmful consequences and/or loss caused by one of the aforementioned events or circumstances, until the complete and exact execution of any Contract between the parties. 8.9 All payments due to the Seller will be made in funds available, without any deduction or compensation, free and without any deduction for taxes, duties, customs duties, charges, contributions and withholdings of any kind, now or in future imposed by any government authority, tax authority or any other authority. If the Purchaser is obliged to apply any deduction, the Purchaser will pay the Seller any additional amount as necessary to ensure receipt by the Seller of the full price that is due and that he would have received had said deduction not been applied.
9.1 - The warranty is limited, at the Seller's exclusive and unappealable discretion, to repair or replacement of defective parts due to design or manufacture defects (provided that the design was developed exclusively by the Seller without the Purchaser's design contribution), excluding materials not produced by the Seller, of the electrical parts, melting defects, parts subject to normal wear, as well as of the failures caused by overloads. It is understood that this warranty includes, in the case of repair, labour costs up to a maximum of 8 hours/work.
9.2 The Seller, furthermore, is not liable for any defects in Product conformity and faults deriving, even indirectly, from any documentation, technical or otherwise, and anything else provided, indicated or requested by the Purchaser or by third parties acting in any capacity, on behalf of the Purchaser.
9.3 The Seller likewise is not liable for defects in Product conformity and defects caused by failure to comply with the rules laid down in the instruction manual, if any, and in any case by a misuse or mistreatment of the Products.
The Seller is not liable for defects of conformity and defects that deriving from incorrect use of the Products by the Purchaser or from changes or repairs made by the Purchaser without its prior written consent or, in any case, for those defects due to causes arising after the transfer of risk. Neither warranty is issued if the Purchaser, by its own free will, has purchased – as Products - second-hand products from the Seller and/or from third parties.
9.4 This warranty has a duration of 12 months starting from the delivery date and will not be subject to any extension; it is understood that the Purchaser will lose the right to the aforementioned warranty whether the use of the Products does not comply with the above criteria or it is not possible to ascertain the conformity of the use.
Any repair or replacement performed by the Seller can never be understood as acknowledgment of the existence and/or consistency of any defect. The repair can be performed only on condition that the Purchaser grants and allows the Seller, and the subjects designated by him, unlimited access to the place where the Products are located to be repaired.
The warranty for the parts replaced or repaired lapses the same day of the expiry of the warranty as per article 9.1, according to the provisions of the preceding paragraph. The Purchaser, under penalty of expiration, must report the lack of conformity or the defect of the Products to the Seller specifying in detail the nature in writing, within the following terms:
- within 8 days of delivery of the Products in case of apparent defects;
- within 8 days from the discovery where defects occurred after the delivery and in any case within twelve months from the same.
The Purchaser also lapses from the warranty pursuant to arts. 8.7, 8.8 and 9.10, or if, where the Seller made a request for the return of the defective Product’s part at his own expense, the Purchaser fails to return such part within fifteen days of the replacement.
9.5 For the admissibility of the claim the Purchaser is obliged to prove in writing the validity of the warranty, the correct storage and correct installation of the Products, as well as to provide the Seller with adequate documentation proving the defects / faults. It is understood that any complaint will not allow the Purchaser to suspend or delay the payments due to the Seller.
9.6 The Seller after having ascertained the existence of the defect must carry out repairs and/or replacements with shipping costs and return of the part of the product, travel, food and accommodation to be paid by the Purchaser.
Any compensation for any damage to the Purchaser cannot in any case exceed the value of the portion of the Product supplied by the Seller affected by the defect
9.7 If the defective Products must be returned to the Seller for any repairs, these must be shipped ex-works Seller and, in the same way, the Seller will return the Products to the Purchaser ex-works Seller.
9.8 The warranty referred to in this article substitutes each and every guarantee or responsibility provided by law and excludes any other liability of the Seller in any case originated from the supplied Products; in particular, the Purchaser will not be able to make further claims for damages, not even for Product stoppage or for production downtime, price reduction or even partial termination of the Contract, for damage to reputation, loss of goodwill. Once the warranty has expired, no claims can be made against the Seller.
9.9 All remedies provided for by the regulations in force in the event of breach of the Seller's obligations, with the exception of the repair and replacement remedies referred to above, are excluded here. It follows that the Seller is not responsible for the compensation of any actual damage and/or loss of profit, direct, indirect and/or consequent, either to things or to persons. The Seller's liability is also excluded with regard to any warranty obligations, even implicit, deriving from laws or regulations, in favour of the Purchaser, including implicit guarantees for conformity defects, merchantability and suitability of the goods for a particular use.
9.10 The use by the Purchaser of portions of products not manufactured and/or supplied by the Seller - and/or non-original spare parts supplied directly by the Seller - in combination with the Seller's Products constitutes immediate revocation of the warranty.
10. (Preparation of Products and limited liability)
10.1 - Any processing that the Purchaser intends to perform with the use of Products that deviates from the technical specifications indicated by the Seller or the standards normally accepted by the market in relation to the type of Products, must be agreed in advance with the Seller. In default, the Seller is not responsible for the performance of the Products; in the aforementioned cases, the warranty for defects and/or non-conformity of the Products is also excluded.
10.2 Any modification requested by the Purchaser on Products that is intended to create special products, or technical interventions unrelated to the contents of the technical assistance provided for the normal start-up of the Products, will be the subject of a specific separate negotiation and will be quantified separately as to the relative fee.
10.3 The Purchaser must obtain, at its own expense, all the certifications and/or licenses envisaged, with regard to the Products, by laws and regulations of the Purchaser's Country and/or place of destination, in order to ensure that the Products and all their parts and components are fully compliant with the applicable technical and safety standards and requirements in the aforementioned locations. The Purchaser must indemnify and hold the Seller harmless from the costs of obtaining such certifications and licenses, as well as from any liability and any other consequence of a legal nature deriving from the lack of all or part of these certificates and licenses.
10.4 The Seller is not liable for any missing or defective productions, as well as for any damages deriving from the use of the Products - by the Purchaser - not suitable, not compliant or in any case not adequate with respect to the technical characteristics of the Products; in the aforementioned cases, the warranty for defects and/or non-conformity of the Products is also excluded.
10.5 The Seller assumes no liability for Products marketed and/or installed in countries where there are rules that do not allow their use, for uses that are not intended for or for installations and uses that do not comply with the technical specifications of the Products agreed between the parties.
11. (Non-disclosure obligations)
Each party agrees to keep secret and confidential for the period from the conclusion of the contract until the end of the fifth year from the date of its complete execution any information which should be considered confidential, including – but not limited to – technical and commercial data concerning the Products and their development, data concerning quality, performance tests, prices and commercial conditions, financial information, sales and marketing plans, clients and suppliers lists.
12.1 If the GTCS and/or the Contract are drafted in more than one language, the Italian version shall in any case prevail.
12.2 The Contract cannot be transferred by the Purchaser without the prior written consent of the Seller.
12.3 The Purchaser undertakes to agree in all contractual relationships concerning the Products clauses limiting the liability of the Seller substantially identical to the provisions of articles 9 and 10 of these GTCS, assuming full and exclusive liability for the further circulation of the Products supplied by the Seller.
12.4 The commercial conditions of sale, with particular regard to the budget, incentive and discount conditions, as well as any other documentation or information considered by the Seller as confidential, are strictly confidential and private, therefore, the Purchaser agrees not to disclose or communicate them to third parties, nor use them for purposes other than the conclusion and execution of the Contract, even after the execution itself.
12.5 For every dispute deriving from the Contract or connected to it, the Seller's court will be the Court having exclusive jurisdiction; however, by way of derogation from the foregoing, the Seller will always be entitled to resort the Court of competent jurisdiction in the Purchaser’s Country.
The Seller informs the Purchaser that he is the Data Controller and that its personal data will be collected and processed in accordance with the procedures and criteria set out in the EU Regulation 2016/679 and subsequent amendments and additions. The provision of the requested data is essential for the subscription of these GTCS and their processing is lawful and necessary for the execution of any contractual relationship between the parties with regard to the supply of the Products, in accordance with art. 6 of the Reg. REG 2016/679. It should also be noted that the aforementioned data will be processed on paper and/or by automated means and may be communicated to controlling, controlled and affiliated companies, bodies, consortia, banks and associations operating in Italy and abroad. The Purchaser may at any time exercise the rights granted to him pursuant to Articles 15 and subsequent of EU REG 2016/679. By signing these GTCS, the Purchaser expresses its consent to the processing of its personal data.
Express approval: the Purchaser declares to expressly accept, in accordance with and for the purposes of art. 1341 of the Italian Civil Code, the following articles as above: 1.3 (applicable law), 2.1 (formation of the Contract), 2.2 (non-applicability of Purchaser’s General conditions), 2.4 (completion of the Contract), 2.11 (withdrawal of the Orders and changes to the Orders) 3.4 (special requirements of the Products), 3.6 (packaging), 4 (Drawings, Seller’s documentation, intellectual property), 5.1 (tolerances), 5.2 (payment rates in the event of non- importable goods), 5.3 (indicative deadlines), 5.4 (partial deliveries and exclusion of contract termination), 5.5 (delivery acceptance obligation), 5.6 (failure to accept the Products), 5.7 (risk for loss or damage of Products), 5.8 (charge and limitation of liability of the Seller), 5.9 (payment in case of refusal to accept delivery) 5.10 (waiver of compensation) 6 (transfer of risk), 7.2 (retention of title and risk taking), 7.3 (termination and recovery of the asset), 7.5 (individual rights for goods unpaid in full), 7.7 (termination and penalty), 8.1 (price, taxes, duties, transport costs), 8.2 (price change), 8.5 (exemption obligation of delivery and price collection), 8.6 (limitations to Purchaser’s exceptions), 8.7 (warranty disclaimer), 8.8 (change in economic conditions), 9 (insurance), 10 (limitation of liability), 11 (duty not to disclose), 12.2 (limitations to contract release) 12.5 (exclusive jurisdiction and derogation).