Terms & Conditions
The application of these general terms and conditions apply to sales, exchanges, the provision of goods and services and any other type of offer concluded by E-Repair S.r.l. with customers with registered office, residence or stable and structured representation both in the territory of the Italian Republic and in that of the Republic of San Marino, and in foreign countries.
- Business day: Any day other than Saturday, Sunday or holiday in Italy.
- Start date: Start date of the contract as established in the estimate.
- Information: Information that is disclosed by one party to the other party in execution or in connection with this agreement (whether oral, written or by any other means) for which it is not intended as confidential or is held as such).
- Confidential Information: Information that is disclosed by one party to the other party in execution or in connection with this agreement (whether oral, written or by any other means) and which is expressly intended as confidential or is held as such).
- Estimate/Quote: It is the document that contains the specifications of the service or product to be sold and the related economic offer
- Contract: The contract for the purchase and sale of goods and the provision of services. The contract also means the order issued by the supplier and the customer that is accepted by both parties, or the quote issued by the supplier that is accepted by the customer.
- Contract price: The price established in the sales or service provision contract. It is inclusive of VAT, as per current regulations.
- Customer: The person who accepts the supplier's quote or offer for the sale of goods or services, or whose order for goods and services is accepted by the supplier.
- Delivery: Date The date on which the goods and services must be delivered or provided as stipulated in the contract, or, in the case of an exchange, the deadline within which the customer must send the goods to be exchanged.
- Technical Analysis: This is the product analysis activity, which is carried out at the supplier's laboratories, to establish the conditions of the product, whether it is faulty or not and whether the product is repairable or regenerable or not.
- Goods: Any good or part of it that the supplier supplies under these rules and conditions.
- Month: This refers to a calendar month.
- Service: Services provided to the Client as agreed in the prior agreement.
- Supplier: E-Repair S.r.l.
- E-Mail supplier: commerciale@e-repair.it
Unless the context states otherwise, any reference in these rules and conditions to:
- “writing” and related conditions include a reference to any communication made in writing.
- A law or provision of one is a reference to that rule or provision in force at the time of the facts.
- A "party" or "parts" refers to the customer, the supplier or both according to the wording of the period.
- Terms used in the singular will include the plural and vice versa.• References to one sex also include the other sex.
The acceptance by E-Repair can also take place through the timely shipment of the goods ordered by the customer, even following a verbal order from the customer. Any typographical, material or otherwise accidental errors or omissions in any sales document, quote, price list, acceptance of offer, invoice or other document or information issued by the Supplier will be subject to correction without any liability on the part of the Supplier.
E-Repair employees or agents are not authorized to make statements regarding the Goods or Services; therefore the Customer acknowledges that he will not be able to complain of a non-fulfilment or a violation based on the aforementioned unauthorized declarations.
In the case of an intervention to be carried out at the Customer's site, the latter must keep the machinery, accessories and intervention site adequate so as to allow the Supplier to perform the requested intervention and, in any case, to satisfy the Customer's requests in on the goods and services referred to in the intervention confirmation. The machine and / or plant on which the intervention must be carried out must be in a state of operational stop and adequately prepared and the entire work area must have already been prepared for the execution of the agreed work, also through the availability of personnel provided by the Customer where required. The Customer must also make available to the technician at his industrial site all the equipment necessary for carrying out the intervention.
For the intervention at the Customer's site, the Supplier will issue a specific estimate which will include, in addition to the hourly rate of the intervention, any costs of spare parts, which could be used, and any travel or transport costs, for room and board. of the technician; this estimate will have a duration of 30 days. At the end of the intervention, a document will be signed by the customer containing the hours of the intervention and the spare parts used. All actual costs relating to the hours of intervention, spare parts used, travel expenses, board and lodging will be specified in the detail of the intervention invoice.
In any case of non-acceptance of the estimate, of failure to communicate acceptance or rejection of the estimate by the customer or in the event that the product is irreparable, the customer may request that the product be returned to him at his own expense, and to title of reimbursement of expenses for the verification activity carried out, the Customer will owe the Supplier, unless otherwise agreed between the parties, a lump sum for the technical analysis service, plus any other costs incurred, after 30 days from the date of sending the quote to the customer.
The Supplier may always refuse to cancel the order and request the execution of the contract.In the event that the contract also provides that the Supplier withdraws a used good from the customer, the latter must send the used good to the supplier's warehouses within 15 days of order confirmation; In this case, the supplier may discount the price of the customer's used goods from the sum owed by the customer to the supplier. In this case, the supplier may discount the price of the customer's used goods from the sum owed by the customer to the supplier. In any case, the parties establish that the contracts entered into will be considered separate, and therefore there will be two distinct sales: the first from the Supplier to the Customer, and the second from the Customer to the Supplier;If, therefore, for any reason the goods collected by the Supplier are not repairable or do not correspond to the requests of the same or to the declarations of the Customer, the latter must pay the Supplier the full sum of the product (object of the order) in advance by supplier. Goods received by the Supplier will be considered withdrawn "subject to analysis and technical approval".
The Goods may be delivered by the Supplier in advance of the Delivery Date, giving reasonable notice to the Customer.If the Customer does not take delivery of the goods or part of them on the Delivery Date and / or does not provide the instructions, documents, licenses, consents or authorizations necessary to allow the Goods to be delivered on time, the Supplier will be authorized, after having given written notice to the Customer also by e-mail, to store or give instructions for the storage of the Goods with third parties, or by placing the goods in storage at the shipper. From that moment on, the risk regarding the Goods will pass to the buyer and the delivery will be considered as having been made on the date the communication is sent. In this case, the Customer will have to pay the Supplier all costs and expenses, including storage and insurance costs resulting from such failure. With effect from the Start Date of the contract, the Supplier will start the performance in consideration of the price paid and according to these rules and conditions and those established in the estimate or in its annexes.Before accepting the goods, the customer is required to check the integrity of the packaging and to report, in writing, any discrepancies found, directly to the courier. In case of damage or tampering with the packaging, the customer can decide whether to accept the goods with reserve or not to accept the delivery, therefore he is obliged to inform the supplier via e-mail of the anomalies found and of any total non-acceptance or partial of the goods, so that the latter can claim against the courier. The supplier excludes all responsibility and any claim by the customer for the goods which the customer has not declared non-compliance in the packaging at the time of delivery.
For more info see transport conditions
- in the case of goods to be delivered to the Supplier's premises, when the Supplier notifies the Customer in writing that the Goods are available for delivery;
- in the case of goods to be delivered outside the Supplier's premises, at the time of delivery; in the event that the buyer has not taken delivery of the goods from the time of the stock notice;
- in the case of goods being installed by the Supplier, when the Supplier informs the Customer that the installation is completed.The goods will remain the property of the Supplier until the actual payment of the agreed price (Sale with retention of title Art. 1523 and SEGG CC). In the event of non-payment within the established terms, the Supplier may choose between terminating the contract with compensation for damage and requesting the return of the goods in the state in which they were at the time of delivery to the Customer (complete with the original packaging and all the accompanying documents) or the request for payment of the entire agreed price and not paid or the missing installments.
In the first case, the Supplier will be entitled to withhold any sums received as a penalty pursuant to ART. 1525 II Comma CC, foreseen ex lege as compensation for damage in case of termination. Without prejudice to the provisions of the first 3 points of this paragraph, the buyer assumes the risks on the asset from the time of delivery EX ART. 1523 of the Italian Civil Code. The Supplier reserves the right to regain possession of any goods it owns, upon notice of termination of the contract.The Customer irrevocably authorizes the Supplier to access the Customer's premises during normal business hours in order to pick up the goods delivered but not fully paid for after inspection to ensure compliance with the archiving and identification requirements. In any case, the customer must arrange for the return of the goods and goods in custody that are the property of the Supplier in the event that:
- Is requested by the supplier following failure (partial or complete) to pay the agreed price;
- The Customer who has not yet paid the price of the goods is involved in insolvency proceedings.
The Supplier may transfer the Contract or part of it to third parties without the prior consent of the Customer.The Customer has no right to transfer the Contract or part of it without the prior consent of the Supplier.
If the Customer realizes only after receiving the product that they ordered a product different from the one actually required, or if they intend to return the product, they shall have up to 14 days from receipt of the product to notify the Supplier by e-mail of their intention to request a product exchange or return, specifying the product concerned, the sale date, and the code of the product with which they would like to make the exchange.
Therefore, subject to acceptance by the responsible office, the Customer shall send the product back to the Supplier, taking care to package it preferably in its original packaging or in other packaging suitable to preserve the product during transport and prevent damage, humidity exposure, or other deterioration.
In such cases, the shipping costs and the organization of the shipment shall remain entirely at the Customer’s expense.
The Customer shall in any case be responsible for ensuring correct packaging of the product so that it arrives intact. If the product arrives damaged due to improper packaging by the Customer, excluding therefore any liability of the carrier, the Supplier shall not be able to accept the product nor issue any credit note.
Upon delivery of the product, the Supplier shall assess the integrity of the packaging and, if the packaging is found to be damaged, may, at its sole discretion, refuse acceptance of the product or accept it with reservation. The Supplier shall then notify the Customer in writing of the condition in which the product was received, supported by photographs, and specify that due to improper packaging by the Customer or improper transport by the carrier, the Supplier cannot accept the exchange. In such case, the Customer shall pursue any claim directly against the carrier, where shipment organization and related costs were borne by the Customer and the product has been tampered with during transport by the carrier.
Once the product has been received, whether the packaging is intact or accepted with reservation, the Supplier shall carry out a technical analysis to determine the integrity and functionality of the product. If it is established that the product is unused and fully functional, and has not been subjected to any factors that may have compromised it, the Supplier shall charge the Customer a flat technical analysis fee of €50.00.
If the product is found to be used and dirty, the Supplier shall charge a flat rental fee equal to 10% of the product value.
If the product is found to be dirty, faulty, or tampered with, the Supplier, after prior notice to the Customer, shall charge the costs incurred for restoring the product (for example technological cleaning, repair, etc.).
The Supplier reserves a maximum period of 60 days from the verification of the product condition to issue an invoice for any of the above-mentioned costs.
Once the Supplier receives the Customer’s request for product exchange, the Supplier shall verify whether the requested product is already available for delivery or whether it can be regenerated within the timeframe agreed with the Customer.
- Terminate the contract;
- Request the return of the asset in accordance with the provisions of the previous provisions;
- Suspend further deliveries or supplies of Goods and Services to the Customer;
- Offset the sums collected for different goods or services (yet to be supplied) with the amount due and already expired with the consequent right to request a new payment for the goods or services yet to be returned and with the right not to fulfill their obligations unless after payment (pursuant to art. 1460 of the civil code);
Missed or delayed delivery: If the Supplier fails to ship the Goods or to provide the Services or one of them by the established date, its liability for any damage resulting to the Customer is in any case excluded; if not within the limits of the customer's right to terminate the contract (without however the possibility of requesting any compensation), or part of it, subject to formal formal notice to be sent by registered letter with return receipt to the supplier's registered office with an order to fulfill in a term not less than days. 15.In case of non-delivery of the goods due to the carrier or customs detention, any liability of the supplier is excluded.The parties establish, in any case and without prejudice to the aforementioned limitations of liability, that the maximum amount refundable by the supplier cannot exceed the value of the goods sold, in case of execution of the services, the cost of the service same.
The parties agree that:
- They will keep all information contained in the quote or in other agreements confidential;
- They will not show any Confidential Information to third parties;
- They will not use any Confidential Information for purposes other than those envisaged by and subject to these rules and conditions of the Agreement;
- Guarantee that none of its directors, officers, employees, agents or consultants will perform any act which, if done by that party, would constitute a violation of the provisions of this agreement.
Each party may disclose confidential information to:
- any subcontractor or Supplier of that party;
- any governmental authority or regulatory body;
- any employee or manager of that party or of any of the aforementioned persons, parties or entities only to the extent necessary to achieve the purposes set out in these general terms and conditions, or as required by law and in any case with the inform those who receive it that the information is confidential and obtaining from them - with the exclusion of public bodies - a written commitment to maintain the confidentiality of the information and to use it only for the purposes for which the disclosure is made.
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