Page 121 - FERRARI - CONDIZIONAMENTO

CONDIZIONAMENTO & AERAZIONE AIR CONDITIONING & VENTILATION

7. CONTROVERSY RIGHT
GENERAL TERMS AND CONDITIONS OF SALE If the Customer intends to notify any not correspondence or
appropriateness of one of the items delivered from the Supplier, it is
obliged to give written notice.
1. GENERAL PROVISIONS. 8. RETENTION OF TITLE.
a) The terms and conditions set out below shall form part of all the The Product supplied shall remain in the property of the Seller until the
agreements executed between the Seller and the Buyer for the supply date of the full payment by the Buyer of the entire price of the Products
of the Seller products . and of all amounts due to the Seller. Until that time the Buyer shall hold
b) The General Terms and Conditions of Sale shall apply to all transaction the Products as the Seller’s fiduciary agent and shall keep the Product
executed between the Seller and the Buyer without any need of express properly stored, protected and insured.
reference thereto or agreement thereon at the conclusion of such
transaction. Any dissenting terms and conditions shall only apply if 9. DATA PROTECTION LAW.
confirmed in writing by the Seller. The personal data of the Buyer shall be processed in accordance with
c) The Seller reserves the right to change, integrate or vary the General the Italian data protection law (Legislative Decree 196/2003). The Seller
Terms and Conditions of Sale, by including such variations in the inform the Buyer that the Seller is the data controller and that the Buyer’s
quotations or in any other written correspondence sent to the Buyer. personal data shall be collected and processed for the only purpose
of the performance of this agreement. Pursuant article 7 of the Italian
2. OFFERS AND ORDERS. Legislative Decree 196/2003, the Buyer has the right to ask to the Seller
a) Orders placed by the Buyer shall not be regarded as accepted before the updating, amendment, integration, writing off and transformation in
these have been confirmed by the Seller in writing. anonymous form of its data.
b) Orders and/or amendments of orders placed verbally or by telephone,
must be confirmed in writing by the Buyer. Otherwise the Seller does not 10. JURISDICTION.
accept any responsibility for errors or consequent misunderstandings. a) Any dispute arising between the parties in connection with the
interpretation, validity or performance of the present General Terms and
3. PRICES AND TERMS OF PAYMENT. Conditions of Sale and of all the relevant agreements, shall be of the
a) The prices of the Products shall exclude any statutory VAT which exclusive competence of the referred to the Court of Busto Arsizio.
shall be payable at the date of delivery or pursuant specific provisions b) It is agreed between parties that the Seller, at its own discretion, may
included in the invoice. have the faculty to waive the exclusive jurisdiction set forth in paragraph
b) Taxes, duties, shipping, insurance, installation, end user training, after (a) to bring an action against the Buyer in its domicile and before any
sales service are not included in the prices but separately quoted. court of competent jurisdiction.
c) In addition to other remedies permitted under the applicable law and
these General Terms and Conditions of Sale, the Seller reserves the right
to recover default interest on delayed payments starting from the due
date.

4. TERMS OF DELIVERY.
a) Unless otherwise expressly agreed in writing any indicated time of
delivery shall be non binding for the Seller. Unless different agreement
between the parties, the approximate term for the delivery is the one
specified in the confirmation of order.
b) Any liability to supply as a result of force majeure or other unforeseen
incidents outside the Seller responsibility including, without limitation,
strike, lock out, acts of public authorities, subsequent cease of export or
import opportunities shall, for their duration and in accordance with their
impact, relieve the Seller from the obligation to comply with any agreed
time for delivery.
c) The Seller is not obliged to accept the Products returns, unless
otherwise agreed in writing. Any costs arising thereof shall be at the
expense of the Buyer.

5. DUTY TO INSPECTION AND ACCEPTANCE OF PRODUCTS.
a) Upon taking possession of the Products, the Buyer shall immediately:
(i) check quantities and packaging of the Products and record any
objections on the delivery note within 8 days in written form..
b) No objections with regard to the quantities, quality, type, and packaging
of the Products shall be possible unless a note has been placed on the
delivery note in accordance with the above mentioned procedure.
c) Any Product to which objection shall not have been raised in
accordance with the procedures and deadlines set out above shall be
regarded as approved and accepted by the Buyer.

6. TERMS OF WARRANTY.
a) The Seller hereby represents and warrants that the Products shall
be free from defect and shall comply with the technical specifications
forwarded by the Seller
b) The warranty shall be valid only on the products used and for suitable
applications in appliance with technical specifications forwarded by the
Seller; every improper use of the products is forbidden
c) The warranty shall not be valid if the defect or not conformity will
prove to be depending on not correct on not suitable applications of the
product, or if the product has been incorrectly placed in operation. Any
change or replacement of product parts, which has not been authorized
by the Seller releases the manufacturer from any civil or penal liabilities,
and makes the warranty invalid. The warranty does not cover the normal
products parts subject to consumption.

119