1) GENERAL CONDITIONS OF SALE – APPLICABLE LAW
The following general conditions of sale are an integrating part of all our product sales contracts, also applicable when orders are placed by phone, orally and by e-mail. The acceptance of these general conditions shall be requested only once and the copy signed by the Customer shall be stored and archived by Atep Italia S.r.l. (hereinafter also the “Seller”) and shall be binding for all the future purchases of products branded Atep Italia S.r.l. until a new or amended edition of these general conditions is issued. The performance of the order and/or the contract, that contains an explicit reference to these general conditions, shall result in the implicit acceptance of these conditions also in the event of lack of relevant signature by the Customer.
In no event the Seller shall be bound by any general conditions of contract of the Customer, even if they were recalled or referred to in the orders or in any other document transmitted by the Seller to the Customer. No behavior of the Seller may – in such a context – be interpreted or used as a tacit acceptance of the Seller concerning the general terms and conditions of the Customer.
With the execution of these general conditions the Customer expressly confirms that the purchase of the Atep Italia S.r.l. products takes place only for professional purposes, that is to say that it pertains to the customer’s work activity. Therefore, the relationship between Atep Italia S.r.l. and its Customers shall not be governed by consumer protection regulations including, e.g., the so-called “Consumers’ Code” (Legislative Decree no. 206/2005 and Legislative Decree no. 21/2014).
These general conditions, as well as any sale contract entered into by and between the Seller and the Customer, are ruled by Italian law.
The prices set forth in Atep Italia S.r.l.’s price list are expressed in Euro (€) and do not include VAT.
The payment method shall be communicated directly by Atep Italia S.r.l.. In the even of delayed payment, exceeding the terms agreed upon, interests on arrears shall be charged according to Legislative Decree no. 231/2002 (as subsequently integrated and amended), as well as all other expenses and/or reimbursable costs pursuant to same legislative Decree shall apply.
The shipment of the products takes place on the Italian territory and abroad carriage paid, at the address specified by the Customer at the time of the order, with the relevant costs charged in the invoice based on the shipping method. The delivery terms possibly communicated by Atep Italia S.r.l. at the time of the order must be considered as being purely indicative and not binding for same Atep Italia S.r.l.. Therefore the latter shall not be liable for any damages deriving from any delays with respect to the delivery term indicated in the order.
5) DISPUTES AND COMPLAINTS
Any disputes and complaints relating to the supply of products must be made by the Customer within and no later than eight days from their delivery, by way of registered letter or e-mail. After this deadline the products are deemed as having been accepted and the Customer loses the right to raise any complaints. In the event that the anomaly is detected at the time of delivery, it must also be immediately notified to the carrier, as well as to Atep Italia S.r.l. within the terms indicated above.
6) GENERAL CONDITIONS OF WARRANTY
Atep Italia S.r.l. provides a general warranty on all its products for the duration of 12 months as from relevant delivery, for material and/or manufacturing defects. Without prejudice to the above term, for the validity of the warranty all the following conditions must concurrently occur:
– correct use of the product in accordance with the operating instructions issued by Atep Italia S.r.l.
– no technical interventions of any kind, repairs and/or erroneous maintenance and/or modifications to the product are carried out either by the Customer or by third parties
– the product is returned to Atep Italia S.r.l. intact, complete with all its component parts and not otherwise tampered with
– the defect is not due to any falls, tampering, improper use, malicious and/or negligent behavior of the Customer, vandalism, violent impacts, atmospheric phenomena and/or natural disasters.
The return of the products shall take place subject to the authorization of Atep Italia S.r.l. and, in any case, it shall take place carriage paid and at the Customer’s expense: the parties agree that, following the return of products not covered by warranty, all transport costs, customs duties and other charges shall be borne by the Customer.
The defect must be notified by way of registered mail or e-mail no later than 8 days as from its occurrence and, for the validity of the guarantee, it is necessary that all the conditions indicated above are met. In the event that the Customer exercises its warranty right in relation to a product, Atep Italia S.r.l. may proceed, at its discretion, with the repair, maintenance, replacement of the product (ensuring in any case the supply of a product with the same or superior characteristics) or with the refund of the amount paid for it by the Customer.
The Customer, with reference to the provisions of art. 1 above, has also the obligation not to use Atep Italia S.r.l. products for illegal purposes and/or methods. Therefore, the Customer will hold Atep Italia S.r.l. harmless from any such illegal use by same Customer. Atep Italia S.r.l. may not be held liable for any events (e.g. death, damages to persons or things, etc.) caused by an incorrect and / or unsafe use of Atep Italia S.r.l. products. Likewise Atep Italia S.r.l. may not be held liable for any direct or indirect damages deriving from any behavior, willful misconduct or negligence of the Customer. The Customer shall have to compensate Atep Italia S.r.l. for any damage of any nature, cost, loss of profit, damage to image, criminal and / or civil proceedings (including legal costs), promoted by third parties, due to or as a consequence of the Customer’s failure to comply with these general conditions.
8) CONDITION PRECEDENT
This contract shall be deemed as having been executed “subject to the approval of the Seller”.
Any disputes and complaints concerning any invoices shall be accepted subject to their delivery to Atep italia S.r.l.’s registered offices by way of registered letter with return receipt or e-mail, within the term of 8 days from receipt of same invoice by the Customer.
10) PENALTIES AND EXPENSES
Atep Italia S.r.l. reserves the right to accept returns of products that do not comply with all the above conditions. In the event of acceptance of such returns, Atep Italia S.r.l. reserves the right to apply a penalty to the Customer up to a maximum amount equal to the purchase price of the returned products.
11) COMPETENT COURTS
The Courts of Brescia have exclusive jurisdiction concerning any and all disputes which may arise in relation to the contracts object of these General Conditions of Sale, Repair and Warranty as applied by Atep Italia S.r.l., as well as in relation to their interpretation and performance.