Terms & Conditions

These conditions apply to the purchase and sale contract (from now on simply "Contract") of goods and services, and are accepted with the signing of the order confirmation.

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.

With effect from the Start Date, the Supplier shall, in consideration of the agreed price, provide the Services expressly identified in the quotation with the specific diligence required for their proper execution.

Should “urgent” execution be required, it must be expressly requested and accepted, and the Supplier may charge an additional fee for such service, to be agreed with the Client.

In the event that a quotation is requested for a repair, the Client shall send the item, at its own expense, properly packaged, to the address provided by the Supplier. Within the agreed timeframe, the Supplier shall carry out the technical analysis of the product and communicate the price for the repair or any other services.

The validity of the quotation is indicated therein and shall automatically expire upon the lapse of such period. After the expiry of the quotation validity period, should the Client remain interested in the service, the Supplier shall have the right to issue a new quotation with a different price.

In the case of an intervention to be carried out at the Client’s premises, the Client shall ensure that the machinery, accessories and intervention site are suitable so as to allow the Supplier to perform the requested intervention and, in any case, to meet the Client’s requirements regarding the goods and services set out in the intervention confirmation.

The machine and/or system on which the intervention is to be performed must be in a non-operational state and properly prepared, and the entire work area must already be arranged for the execution of the agreed activities, including, where required, the availability of personnel provided by the Client.

The Client shall also make available to the technician at its industrial site all equipment necessary for carrying out the intervention.

For interventions at the Client’s premises, the Supplier shall issue a specific quotation including, in addition to the hourly intervention rate, any costs of spare parts that may be used, as well as any travel or transport expenses and costs for the technician’s board and lodging; such quotation shall be valid for the period indicated therein.

Upon completion of the intervention, the Client shall sign a document detailing the hours worked and the spare parts used. All actual costs relating to intervention hours, spare parts used, travel, board and lodging shall be specified in detail in the intervention invoice.

In any case of non-acceptance of the quotation, failure to communicate acceptance or rejection by the Client, or if the product is deemed irreparable, the Client may request the return of the product at its own expense and, as reimbursement for the verification activities performed, the Client shall owe the Supplier, unless otherwise agreed between the parties, a lump-sum fee for the technical analysis service, plus any additional costs incurred, within the validity period of the quotation. After the expiry of the quotation validity period, if the Client does not provide any instructions regarding the return at its own expense of the item under evaluation, unless otherwise agreed between the parties, the Supplier may charge a lump-sum amount for the technical analysis service and for disposal or any other costs incurred, and in any case, after such date, the Supplier shall be released from any liability for the possible loss and/or destruction of the product.

According to the principle of tacit consent, the Client shall no longer be entitled to make any claims or demands in relation to the item in question.

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 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 after receiving the product, realizes that they have ordered a product different from the one required, or intends to return the product, they shall have up to 14 days from receipt of the product to notify the Supplier via email of their intention to request a product exchange or return, specifying the product, date of sale, and the product code for the requested replacement.

The Customer, subject to acceptance by the relevant department, shall then send the product to the Supplier, ensuring that it is packaged preferably in its original packaging or in other suitable packaging capable of preserving the product during transport, in order to prevent damage or exposure to humidity, etc.

In such cases, the costs and organization of the shipment shall remain the responsibility of the Customer.

The Customer shall remain responsible for proper packaging of the product to ensure it arrives intact. In the event that the product arrives damaged due to improper packaging by the Customer, which is therefore not attributable to the carrier, the Supplier shall not accept the product nor issue any credit note.

Upon receipt of the product, the Supplier shall assess the condition of the packaging and, if it is found to be damaged, may, at its sole discretion, refuse 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 photographic evidence, and inform that, due to improper packaging by the Customer or improper handling by the carrier, the Supplier cannot accept the exchange. In such case, the Customer shall seek recourse directly against the carrier, where shipment organization and costs were borne by the Customer and the product was tampered with or damaged during transport.

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 the product is found to be unused and fully functional, and has not been exposed to elements that could have compromised it, the Supplier shall charge the Customer a flat logistics handling fee of €50.00. If the product is found to be used and dirty, the Supplier shall charge a rental fee equal to 10% of the product value. If the product is found to be dirty, defective, or tampered with, the Supplier, after informing the Customer, shall charge all costs incurred for restoring the product (e.g. technological cleaning, repair, etc.).

The Supplier reserves a maximum period of 60 days from the assessment of the product condition to issue an invoice for the above-mentioned costs.

Upon receipt of the Customer’s request for a product exchange, the Supplier shall verify whether the product is available for immediate delivery or whether it can be remanufactured within the timeframe agreed with the Customer.

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.

Dispose of the used or defective product by replacing it with a working and tested remanufactured. In addition to helping the environment, thanks to the Circular Economy, E-Repair will recognize you the residual value of the product, saving on the purchase of the remanufactured product.

Terms & Conditions

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