ETS After Sales Portal
CONDIZIONI GENERALI DI VENDITA
Rev.8 – 2023
GENERAL TERMS AND CONDITIONS OF SALE AND GUARANTEE
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1. ORDERS The order is binding for the customer and is accepted only if confirmed in writing by ETS Spa. The supply includes what is explicitly specified in the order confirmation and any technical specifications. Any additional service or change will be calculated separately. 2. ADVANCES Orders must always be accompanied by an advance payment. Advances are always non-interest bearing and the amount paid will remain acquired by ETS Spa as a penalty in the event the order is revoked by the customer, without prejudice to the right of ETS Spa to claim any other damages and the right to request the fulfilment of the contractual commitments. 3. PRICES Unless otherwise agreed, prices are intended for delivery ex-works Padua. The price is the one established in the order confirmation. 4. DELIVERIES AND SHIPPING The delivery term is indicative and therefore any compensation for late delivery is excluded. Necessary condition for the collection of the goods is delivery to ETS S.p.a. by the customer of a countersigned copy of this document, in addition to the signed order confirmation. For the collection of the goods by the customer, the deadline is 10 days from its availability. In case of non-collection within the aforementioned term, the customer undertakes to pay a penalty equal to 1% (one percent) of the price of the goods for each week (or fraction thereof) of delay in collection. ETS S.p.a., at its sole discretion, may terminate the contract for non-compliance by the customer with all the legal consequences and withhold the advance as a penalty, without prejudice to greater damages. Unless otherwise agreed, the goods are sold ex-Padua and any packaging is charged at cost. Transport is always intended for the account and at the risk of the Customer even if the goods, by special written agreements, are supplied free to destination. The insurance is stipulated only on precise instructions by the Customer and is, in any case, at his expense. 5. INSTALLATION The installation is charged to the customer. ETS Spa, at the Customer’s request, can provide an assembler as soon as one is available, both to assist in installation and the tests after installation, and for any servicing, repair and set-up work. All travel expenses will be charged to the customer. The Customer undertakes to provide, at their own responsibility and expense, the lifting means, labour and whatever else the assembler needs to complete the work. The assembler receives orders only from ETS Spa and is not authorized to make commitments to the customer. 6. TESTING The testing, if required by the contract, must be carried out by ETS S.p.a. personnel in the presence of the client. At the end of the testing, the client and buyer must sign the declaration of testing. Any defects that emerge during testing, limited to the material supplied by ETS S.p.a., will be rectified by ETS S.p.a. in a suitable time. At the end of the testing, all complaints must be received no later than 30 days from the date of testing by written communication to ETS S.p.a. Beyond this deadline, the customer will not have the right to contest any defects found. The testing activities will have as their object what was agreed in the contractual phase, all additional requests or needs that arise during the execution of the testing, if not clearl1y specified in the supply contract, will be managed by the Service office. All installation defects due to the client’s activity do not fall within the scope of the testing. ETS personnel will therefore be able to avail themselves of the right to postpone the test if such defects make it impossible to carry out the test itself. Failure to sign the test report, which does not depend on problems encountered in the testing phase ritually contested by the customer in the report itself, does not constitute an obstacle to the payment of the supply, which must in any case be paid by the customer within the contractually agreed terms. 7. PAYMENT Payments must be made before delivery by bank transfer unless otherwise specifically agreed. In the case of sale by instalments, this is understood to be made a retained domain agreement as per art. 1523 and following of the Civil Code and therefore the goods will become the property of the customer only after payment of the last instalment of the price. In the case of non-payment even of only one of the agreed instalments, the debtor loses the “benefit of the term” and ETS Spa can demand immediate payment of all the instalments not yet due. The report of alleged defects or faults of the supplied goods cannot be the cause for suspending payment. Default interest is applied on the delayed payment as envisaged by Legislative Decree 9 October 2002 n. 231. 8. WARRANTY ETS S.p.a. guarantees its products, brand new, according to the following methods: DIESEL ENGINES: 12 months from the date of first start-up communicated via the appropriate form, in any case no later than 18 months from the factory leaving date; GAS ENGINES: 12 months from the date of first start-up communicated via the appropriate form, in any case no later than 18 months from the factory leaving date; SPARE PARTS AND ACCESSORIES: 12 months from delivery or from invoicing if prior to delivery. The guarantee obliges the supplier to repair or replace, according to his discretionary assessment, all the components which, during the period of validity of the guarantee, will be unusable or significantly compromised in their usability as a result of a cause that occurred prior to the transfer of the risk to the customer, due to faulty construction or inferior construction materials. The replacement material is supplied ex works ETS. The finding of a defect must be reported, without delay, to ETS S.p.a. in writing within 48 hours of discovery. The parts must be delivered to ETS S.p.a. within 15 days and they remain the property of ETS S.p.a. even if the guarantee is not recognized. The intervention requested to ETS S.p.A. in which no defects in the thing are established (such as tuning or engine adjustments) is the responsibility of the customer. |
The supplier’s liability is expressly excluded for damages deriving from improper or irregular use of the goods supplied, for defective installation and/or commissioning carried out by the customer or third parties without prior authorization, for the use of non-original components and spare parts, for repairs carried out by unauthorized workshops, due to unauthorized modifications, due to natural wear, due to the use of unsuitable filling liquids, due to inadequate base and/or foundation, due to electrical or electrochemical chemical influences. For carrying out the necessary repair work the buyer must: a) ensure the necessary time and opportunity, b) provide support personnel, equipment and workshop equipment and carry out secondary work at own expense, c) carry out at its own expense the work that was not foreseen in the original assignment. Additional costs for work carried out outside normal working hours are to be paid by the buyer. The obligation to eliminate the defect does not refer to normal wear and tear and to those parts which, due to the quality of the material with which they are made or the type of use to which they are made, are subject to premature wear and tear or to damage caused from improper storage, handling or use, incorrect installation or commissioning, excessive strain, unsuitable equipment, chemical, electrochemical or electrical influences. The same applies to other conditions that occur, after the transfer of risk, through no fault of ETS S.p.a. The obligations to remedy a defect in the thing do not exist, when: – the buyer has not reported to ETS S.p.a. a fault immediately and in writing: – repairs, maintenance or assistance have previously been carried out on the object of the purchase by a company not authorized by ETS S.p.a., which the buyer was able to recognize as such; or: – spare parts not approved by ETS S.p.a. have been mounted on the object of the purchase. or: – the object of the purchase has been modified in an unauthorized way by ETS S.p.a. or a third party has fitted parts that affect the operation of the engine; – the buyer has not complied with the regulations on handling, maintenance and care of the purchase object (e.g. operating instructions); – the purchaser has not complied with the installation rules foreseen. The carrying out of repairs and replacements or the supply of spare parts will not lead to an extension of the original expiry date of the guarantee. The customer loses the right to the guarantee if he does not scrupulously observe the agreed payment conditions. The customer cannot request the termination of the contract, compensation for damages or extension of the guarantee as a result of any delays in carrying out the repair under guarantee. The guarantee is excluded if the product is used by the purchaser in contrast with the instructions and prescriptions communicated by the supplier for use or if maintenance in accordance with the standard is omitted or delayed. 9. LEASE OF LIABILITY It is strictly agreed that the customer cannot claim compensation for any damages suffered as a result of the supply, in particular those from failure to carry out the activity and failure to use the goods. ETS S.p.a. is exonerated from any responsibility and obligation for any direct or indirect damage caused to people or things by incorrect use and use of the goods being supplied. ETS S.p.a. is also exonerated from any liability depending on any infringements of patents, trademarks and models that may be found in the products supplied. 10. LIMITATIONS ON USE The supplied goods must be used only for the intended uses. Improper use of the supplied goods results in the immediate forfeiture of the right to the guarantee. 11. SALES REPRESENTATIVES Agents and intermediaries generally do not have the power to represent or commit ETS Spa in any way. 12. TAXES DUTIES AND OTHER CHARGES All present and future charges, including taxes, levies, inherent in this sale, as well as in the use of the goods supplied, are the sole responsibility of the customer. 13. MEDIATION CLAUSE – COMPETENT COURT Any dispute deriving from this contract or in any case connected to it – including disputes relating to its interpretation, validity, execution and resolution – may first be submitted to mediation with a conciliation body recognized by the Ministry of Justice. In the absence of promotion of the mediation procedure or negative outcome of the laying, the Court of Padua will be exclusively competent to judge the dispute. [presa_visione] Pursuant to and for the purposes of art. 1341 and 1342 of the Civil Code, the Customer declares to have read, examined and specifically accepted the clauses provided for in the points: 1. Orders; 2. Advances; 3. Prices; 4. Deliveries and shipping; 5. Installation; 6. Testing; 7. Payment; 8. Warranty; 9. Lease of liability; 10. Limitations on use; 11. Sales representatives; 12. Taxes duties and other charges; 13. Mediation clause – Competent court PRIVACY |