Terms & Conditions

• 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 price of the products and Services is indicated in the Supplier's estimate on the date of acceptance of the Customer's order.Where the Supplier has indicated a price for the Goods other than that indicated in the price list published by the Supplier, the price indicated will be considered as an offer notwithstanding the price lists, and therefore valid only for 30 days or for the different term that the Supplier has the right to indicate expressly.At any time before delivery or execution of the service, the Supplier reserves the right - by giving written notice to the Customer - to increase the price of the Goods and / or Services as a result of the increase in costs for the Supplier which are due to factors unrelated to its control (including, without limitation, any exchange fluctuations, currency settlement, alteration of taxes, significant increase in labor, material or other production costs, any change in delivery dates, quantities or specifications for the Goods and Services that have been requested by the Customer, or any delay caused by the Customer's instructions or by the Customer's failure to give the Supplier adequate information or instructions).Unless otherwise stated, all prices are inclusive of the Supplier's expenses for packaging and transport, but net of any applicable value added tax, excise duty, sales tax or similar which is imposed or added by any authority. tax competent in matters of Goods or Services, which the Customer will be required to pay to the Supplier.

Without prejudice to any special conditions agreed in writing between the Customer and the Supplier, the Supplier will issue an advance invoice and the service will be provided or the product will be shipped following payment, both for the costs of the order itself and for any technical analysis and other costs. The Customer must, however, pay the price of the goods or services (net of any discount or credit granted by the Supplier) within the payment terms included in the invoice, or within the term established in the order and accepted by the supplier. Payment is made on the due date even if delivery or performance may not have taken place and / or ownership of the Goods has not passed to the buyer.Payments must be made to the Supplier, in the payment methods indicated on the acceptance form or in the invoice issued by the Supplier, or agreed between the parties in other ways.However, the Supplier may always refuse to conclude a deal.

The sales documentation, price lists and other documents issued by the Supplier in relation to the Goods and Services sold are subject to change and do not contitute offers for sale. No contract for sale of products and Services is binding on the Supplier unless has expressly indicated that the document constitutes an offer to sell or for the provision of services, or has accepted an order from the Customer.

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.

With effect from the Start date, the Supplier must - in consideration of the established price - provide the Services expressly identified in the estimate with the specific diligence necessary for their exact execution. If an "urgent" execution is requested, it must be expressly requested, and accepted, and a surcharge may be requested for the service by the Supplier, which will be agreed with the Customer. If a quote is requested for a repair, the Customer must send the goods, at his own expense, carefully packing it, to the address provided by the Supplier. Within the established term, the Supplier will carry out the technical analysis of the product and communicate the price of the repair or any other services. The quote is valid for 30 days, after which it will automatically expire. After 30 days, if the Customer is still interested in the service, the Supplier will have the right to issue a new quote with a different price.

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 specification of the Goods will be that indicated in the Supplier's sales documentation unless it is expressly changed in the Customer's order (if such variation(s) is/are accepted by the Supplier). The Goods will be supplied in the units indicated in the contract. Customer orders received in different quantities will be adjusted accordingly.The illustrations, photographs or descriptions, whether they are contained in the catalogs, brochures, price lists or other documents issued by the Supplier are intended only as descriptive and in any case not binding for the manufacturer or the Supplier.The Supplier reserves the right to make any changes in the specification of the Goods in case of need to comply with applicable security measures or other legal or regulatory requirements or where the Goods are to be supplied on the basis of a specific Customer request.No order that has been accepted by the Supplier can be canceled by the Customer except with the written consent of the Supplier and on the condition that the Customer indemnifies the Supplier in full for all losses (including profit losses), costs (including costs of any work and materials used), damages, charges and expenses incurred by the Supplier following such cancellation.

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 supplier may collect used or faulty products, according to specific agreements with the customer. These products could, in fact, be transferred by the customer to the supplier for repair, regeneration, recovery of some components or for disposal. Depending on the case, the products may be sold after agreement with the customer and possible technical analysis. The sale of these products could be defined through specific written or verbal contracts and transport documents that identify the reason for the sale. Always, on the basis of any negotiations, invoices may be issued by the customer to the supplier or the customer can choose whether to use the credits thus accrued at the supplier for the purchase of future goods or services.

The delivery of the Goods will be made by the Supplier, through its own means or by couriers, in the place specified in the quote or in the contract / order. In the event that a place for delivery has not been specified in the contract or order, the Supplier will ask the Customer for the delivery address or will make the goods available for collection at its warehouses. The costs for the delivery of the goods are always charged to the customer. The delivery date indicated in the estimate or in the order is to be considered approximate and the delivery time must not be an essential element of the Contract unless it is previously and expressly established in writing by the parties.

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

The risk of damage to or loss of the Goods will pass to the buyer:

• 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.

In the event that the customer only realizes once he has received the product, that he has ordered a different product than the one he needed, or intends to return the product, he will have up to 15 days, after receipt of the product, to communicate by e-mail to the Supplier the will to make a product change, or a return by entering the indication of the product, date of sale and the code of the product with which he would like to make the change.Therefore, the Customer will have 15 days from the date of communication of the change or return to send the product to the supplier, also taking care to pack it preferably in the original packaging or in another packaging that can preserve the product during the journey, or avoid that damaged or subjected to moisture etc.In such cases, the costs and organization of the shipment of the product will remain the responsibility of the Customer.

The Customer will still be responsible for the correct packaging of the product so that it arrives intact and, in the event that the product should arrive damaged, due to incorrect packaging of the product by the Customer, which is therefore beyond the responsibility of the courier, the Supplier will not be able to accept the product or issue any credit note.During the delivery of the product, the Supplier will assess the integrity of the packaging and should it find that the packaging is damaged, it may, at its sole discretion, not accept the product or accept it with reserve. Therefore, he will communicate in writing to the Customer the state in which he received the product accompanied by photos, and that due to incorrect packaging by the customer or incorrect transport by the courier, the supplier cannot accept the change and the customer will have to claim directly against the courier, in the event that the organization of the shipment and the costs thereof are charged to the customer and the product is tampered with by the courier.

The Supplier, once the product has been received, whether the packaging is intact or accepted with reserve, will carry out the technical analysis to determine the integrity and functionality of the product. Having ascertained the fact that the product is unused and functioning properly, or has not been subjected to elements that could have compromised it, the supplier will issue the credit note for the amount spent by the customer net of the flat-rate cost of technical analysis. In the event that the product is used, dirty, faulty or tampered with, the supplier, upon notification to the customer, will issue a refund equal to the cost of the product net of the flat-rate costs of technical analysis and the activities that must be carried out for the restoration. of the product (e.g. technological washing, repairs, etc.).The Supplier reserves a maximum time of 60 days from the verification of the status of the product, to issue the bank transfer of any expense incurred by the customer. Once the communication of the product change from the Customer has been received, the Supplier will check if the product is already available for delivery or if it can be regenerated within the time agreed with the Customer.

If the Customer does not make the agreed payments, without prejudice to any other right or remedy available to the Supplier, the latter will be entitled to:

• 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);

Debit the customer the default interest pursuant to Legislative Decree 231/02 and ss. mm. Without prejudice to any other right or remedy available to the Supplier, the latter has the right to withdraw / terminate the Contract or suspend any further delivery under the Contract without any liability to the Customer and if the goods have been delivered but not paid for, the payment it will be immediately due and payable in a lump sum, notwithstanding any previous agreement or understanding to the contrary.

The Supplier will not be liable for any loss of profit or any loss, damage, cost, expense or any other claim that is a direct or indirect consequence of the supply of the products and Services. The Supplier will not be responsible, in any way, for the loss of data, product accessories, external memories and other objects that have been shipped by the customer and that have not been expressly requested by the supplier and included in the transport documents. The product back-up service is performed by the supplier as an additional service to that of washing, repair and regeneration and other services offered by the company, only if expressly requested by the customer. The supplier is not responsible for the loss of product data, in the event that the customer does not have a memory back-up or has not specifically requested it to the supplier, who will invoice it as an additional service. The supplier is not responsible for the loss of the back-up files after the supplier has delivered it to the customer and in the event that the customer has not expressly requested the supplier to activate the backup storage service of his device. , in the supplier's archive.The Customer shall indemnify the Supplier for all damages, indemnities, costs and expenses arising from loss or damage to any equipment (including those of third parties), as well as technical analysis and for the repair or regeneration of the product caused by the Customer, by its technicians, agents or employees.The Supplier is not responsible for any further damage, or malfunctions, other than those already found during the technical analysis occurring to or for reasons dependent on the Customer. Nor is it responsible for any loss and / or destruction of the product itself after 6 months of non-acceptance of the quote and / or failure to request the return of the product.

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.

All communications under these rules and conditions and under the Agreement must be in writing and will be duly considered if signed by or on behalf of an officer duly authorized by the parties prior notice.

Neither party will be responsible for any errors or delays in the performance of their obligations resulting from force majeure, such as lack of electricity, failure of the internet provider service, strike, civil unrest, fires, floods, storms, earthquakes, acts of terrorism, acts of war, pandemics, government action or any other event beyond the control of the parties concerned.

The parties agree that failure to perform the services under these rules and conditions or under the Agreement does not constitute a waiver of the right to enforce such services or any other provision. Such failure will not be considered a waiver of any pervious or subsequent breach and will not constitute a continuing waiver.

The parties agree that, in the event that one or more provisions contained in these rules and conditions are recognized as null or void, invalid or otherwise inapplicable, such provisions will be considered separate from the rest of these rules and conditions (and, for extension, from the Agreement). The rest of the provisions and the Agreement will be considered valid and effective.

In the event of a conflict between these rules and conditions and an earlier version, the provisions of these rules and conditions will prevail, unless otherwise provided.

The parties establish that the language chosen for the interpretation of this contract is Italian and that the applicable law it will be the Italian one. In the event of a dispute arising out of or in connection with this contract, the parties shall comply with the rules relating to the mediation procedure regulated by the Legislative Decree. 28/2010 and subsequent amendments, forward ad a body responsible for it competent for the territory pursuant to art. 2 and following of the same legislative decree. The parties establish the exclusive jurisdiction of the court of Livorno (LI).