General terms and condition

 

GENERAL CONTRACT OF SALE
 
 
1. These General Conditions of Sale ("Terms") govern the sale of products each report concluded between ENERGY ITALY SRL headquartered in Castelvetrano, Via Campania 11 - Piva 02160470817 - and its customers (hereinafter "Customer"). The contractors will be hereafter only referred to as the "Parties".
 
2. Any issue concerning the relationship ended by ENERGY ITALY SRL and the Customer is not expressly or implicitly defined by these Terms, shall be governed by Italian law.
 
3. Any modification and / or waiver of these Terms, their validity should be taken out or evidenced in writing, verbal agreements are not recognized not confirmed in writing by ENERGY ITALY SRL
 
4. These Terms supersede and cancel any previous agreement reached between the same subject ENERGY ITALY SRL and the Customer.
 
 
 
 
DEFINITIONS OF CONTRACT (order / order confirmation)
5. The Offer ENERGY ITALY SRL is not binding for the price, quantity, delivery time and availability. The running order is subject to the clause "subject to prior sale or prevented by force majeure." E 'in the power of the company ENERGY ITALY SRL to withdraw from the contract at any time and to reduce unilaterally and without notice to the provision, if events occur due to unforeseeable circumstances or force majeure, or failure to supply difficulties solvency of the purchaser.
 
6. To conclude the Agreement, the Customer must subscribe to unconditionally accept and send to ENERGY ITALY SRL within a reasonable period of 3 (three) days but not more than what was communicated in writing to the Offer received, duly signed ("Order Confirmation"). The Order Confirmation will be sent by the customer to ENERGY ITALY SRL email at commerciale@energiaitalia.info / richiestacommerciale@energiaitalia.info or fax number 0924.072007. The Order Confirmation is subject to the full knowledge and unconditional acceptance of the General Conditions of Sale and Delivery. In case of request for application of VAT facilitated in accordance with the regulations, the customer must make a request in writing declaring assuming any responsibility for the consequences arising from the above-mentioned statement.
 
7. This Contract is concluded in each case at the registered office of ENERGY ITALY SRL and the place of delivery of the product is to be understood always in the same unless otherwise specified.
 
8. If the Customer Contract concluded requires changes in quantity, quality, size or technical characteristics of the product they will be subject to renegotiation and in the absence of agreement the parties remain bound by the original contract.
 
9. The technical material and information (documentation, data sheets, processed configuration and / or design, drawings, photographs, etc..) Relating to any Agreement provided by ENERGY ITALY SRL is the exclusive property of the same, can not be used by you for purposes other than those for which it was provided and may not be reproduced or made available to third parties. If there is a specific authorization to do so, the use is subject to the clear indication of the source ("ENERGY SRL ITALY - www.energiaitalia.info").
 
10. The Parties agree that where products are made to specifications provided directly by the customer, the ENERGY ITALY SRL not liable for the accuracy thereof, nor the durability and function of its products. All that the customer will not indicate explicitly in the technical specifications, will be built at its discretion ENERGY ITALY SRL and accepted as such by the customer.
 
11. The sample is indicative only: any differences between the product and the sampling of the same, as well as brochures or leaflets in Customer's possession, can not give rise to any claim.
 
 
 
 
DELIVERY
12. Delivery will be made, unless otherwise specified, at the client's premises indicated in the Offer or the order confirmation, ENERGY ITALY SRL may make deliveries in installments, at different times, in relation to the same order. The products are made on board truck, with the normal packaging, and all expenses for any special packaging requested by the customer, unless otherwise agreed, shall be the sole responsibility of the same and will be invoiced separately from the very beginning with acceptance by the customer unless agreed in writing different.
 
13. The delivery may be specified in the Offer are indicative only and not binding. ENERGY ITALY SRL is henceforth authorized to provide the customer with the product even before the agreed term of delivery or the product itself.
 
14. The product to your charge and risk of the Customer (Incoterms 2000 "EXW"). Transport costs are borne by the customer unless otherwise specified in the same offer.
 
15. Not considered due to ENERGY ITALY SRL any delay due to causes attributable to the shipper or carrier or by acts or omissions of the Customer or justified by breach of the same.
 
16. The customer gives up the opportunity to require the company ENERGY ITALY SRL the payment of penalties, or other amounts as compensation for damage in case of failure or delay in delivery of the product to the dates indicated in the Order Confirmation.
 
17. If for any reason attributable to ENERGY ITALY SRL the delay in delivery of the product more than 60 days and this has not been notified in writing by the company ENERGY ITALY SRL to the Customer, the Customer shall have the right to immediately terminate pursuant to art. 1456 cc the Contract pertaining to the product delivery is delayed to be communicated in writing (including by facsimile) to ENERGY ITALY SRL In this case, the customer can not claim any compensation.
 
18. The Customer undertakes to take delivery of the product covered by the Agreement as soon as made available at the place and at the times indicated in the Order Confirmation, assuming any costs and benefits related to the delay in taking delivery. If the customer does not proceed to collect the goods, or does not put the company ENERGY ITALY SRL in a position to deliver the goods, ENERGY ITALY SRL have the right to consider the contract pursuant to Article 1456 Civil Code, without prejudice to the action for damages. The bankruptcy Energy LTD Italy can sell the goods and retain the advances provided by the customer as a deposit or payment for damages.
 
19. Upon receipt of the product, the customer must verify the integrity of packages and correspondence with the quantity and quality as specified in the transport document accompanying (delivery note, invoice or, in the case of vectors, waybill). If evidence of damage to the packaging or lack of hills, the customer must sign subject the transport document (in the case of vectors: the waybill), indicating in detail the damage or missing goods, and promptly communicating the incident to ENERGY ITALY SRL by fax or e-mail, however, within 48 (forty eight) hours of receipt of the goods. In case of discrepancies and / or discrepancies and / or irregularities found after the receipt of the goods, the Buyer shall communicate with ENERGY ITALY SRL by fax or email within essential than five (5) days of receipt of the goods, on pain of forfeiture to enforce their rights.
 
20. Notwithstanding Article. 1464 of the Civil Code where the products were not or are no longer readily available on the market the customer waives the right to withdraw from the Contract and will be without prejudice to the obligation of the customer to make the payment in due time of delivery to what has already been executed, without the right to reduction of the price or damages of any kind.
 
21. Returns, replacements of products or any transfers, even partial, will be accepted only with the written consent of ENERGY ITALY SRL, in which case, unless other stipulations, the shipping costs will be borne by the customer.
 
 
 
 
RESERVATION OF OWNERSHIP
22. The ownership of the Product remains ENERGY ITALY SRL until full payment of the fees referred to in article and anything else that may be due. The retention of title also applies until any exchange or check delivered to ENERGY ITALY SRL have not been fully paid. The non-payment by the Customer, in whole or in part, of the Consideration specified in the Contract will give ENERGY ITALY SRL, pursuant to law, the right to regain possession of the Product, subject to all its other rights.
 
 
 
 
 
 
FEES
 
23. The Customer will pay to ENERGY ITALY SRL the fees indicated in the Offer, at such times and in the manner provided therein. If it is agreed on payment of a deposit of consideration for the supply, it can not be done without the payment of such tax.
24. Unless otherwise agreed in writing, payment of the Consideration and any other amounts due by the Customer must be carried out to date in the way agreed by bank transfer to the account of ENERGY ITALY SRL unless otherwise agreed.
 
25. The bid prices of the products do not include VAT, insurance and transport costs, nor anything not specifically stated in the Contract and / or offering economic confirmed by the customer. Therefore, unless it has been expressly agreed in writing, the prices agreed are to be understood ex warehouse ENERGY ITALY SRL
 
It is also understood that when transportation is by carrier commissioned by ENERGY ITALY SRL, its cost is charged to the customer by submitting the invoice.
 
26. In case of partial payment of the Consideration will be entitled ENERGY ITALY SRL allocate the amounts received, at its discretion and independent indication may be provided by the customer about the charges, to cover one or more of the Consideration for the goods supplied rather than interest or charges.
 
27. ENERGY ITALY SRL at its sole discretion, may refuse to give effect to the provision of the product if the customer has previously been in default if it is entered in the register of protests or subject to enforcement procedures, if present instance, or is subject to insolvency proceedings in his capacity as owner the firm or the legal representative of the company, for technical and organizational reasons or for any other reason whereby ENERGY ITALY SRL deems improper enter into the agreement. This refusal will be communicated by fax or by e-mail to the email address of the customer indicated in the Contract.
 
28. For late payments ENERGY ITALY SRL, without prior formal notice and without prejudice to any other rights, interests apply the maximum extent permitted by Legislative Decree no. 231/2002, implementing Directive 2000/35/EC "on combating late payment in commercial transactions."
 
29. Any repeated delays or constant irregularities in payments by the customer, to give ENERGY ITALY SRL the right to suspend or terminate the delivery of goods ordered, as well as to apply a penalty equal to three times of financial and banking charges incurred in relation to the supply already delivered, without prejudice to the right of the company ENERGY ITALY SRL the financial damage direct and indirect.
 
30. Whenever ENERGY ITALY SRL has reason to fear that the customer can not or does not intend to pay for the due date agreed upon, may at any time suspend or cancel your order, change the terms of payment if in its sole judgment were absent or conditions would decrease creditworthiness of the customer or make delivery of the product to the provision of adequate assurance of payment (eg. bank guarantee, issued by a bank draft, promissory note or bank guarantee, documentary credit, etc.). In case of deferred payment granted to the customer benefit from these automatically expires if it has not done so for two occasions following the timely payment of each installment.
 
31. E 'in each case excluding the possibility for the customer to suspend, in whole or in part payment of the Consideration agreed on the basis of alleged breaches of ENERGY ITALY SRL.
 
 
 
 
OBLIGATIONS OF CONFIDENTIALITY
32. ENERGY ITALY SRL and the Client agree to keep confidential and private, and therefore not to disclose or divulge to third parties, even after the termination of the effects of the Agreement, all information concerning the same.
 
 
 
 
RESPONSIBILITY
33. It is understood between the parties that ENERGY ITALY SRL is a mere supplier of the product and therefore does not assume any obligation in addition to those provided for in this Contract of Sale.
 
34. Except as expressly required by law, ENERGY ITALY SRL assumes no liability for damages of any nature suffered by you in connection with this Agreement or the performance specified in the contract.
 
35. In any case, ENERGY ITALY SRL is in no way responsible for any damage due to causes beyond his control or which are attributable to the Customer (but not limited to damages for incorrect calculations static system in the case of wind and snow, etc.).
 
36. The Customer agrees to indemnify and hold harmless the ENERGY ITALY SRL from any and all claims were eventually advanced towards him and from any damaging consequences that may derive them.
 
 
 
 
CHANGES IN CONDITIONS OF SALE
37. ENERGY ITALY SRL We reserve the right to change and modify unilaterally at any time the terms and conditions of sale set forth herein, with particular reference to the applicable fees, communicating via fax, e-mail or by posting them on its website www.energiaitalia.info.
 
 
 
 
WARRANTY
38. ENERGY ITALY SRL declares that the product of the commercial offer of sale is free from defects and / or faults and / or failures that make it unsuitable for the agreed use or likely to impair appreciably the value.
 
39. If the Product is defective and / or malfunction and / or damage, and if the customer, they have denounced by written notice by fax or registered letter to ENERGY ITALY SRL essential within 5 (five) days from the date the customer discovered or should have discovered the defect or malfunction, indicating in detail the nature and extent of, ENERGY ITALY SRL may, at its discretion: a) replace the defective product with other foodstuffs, without any additional burden on the customer, or b) repair the defective product without any additional burden on the customer, or c) apply a reduction of the Consideration paid by the customer, or d) refund to Customer the purchase price paid for the non-conforming products and consequently terminate the Contract in relation to the same. In any case, be borne by the customer all costs of transport and insurance. The customer can not claim any compensation for loss or loss of earnings due to malfunction or defective products. Return of goods will only be accepted if authorized in writing by the ENERGY ITALY SRL.
 
40. It 'is understood that any claims or disputes shall not entitle the Client to suspend or delay payment of the products in dispute, or, even less, of other supplies.
 
41. If the complaint proves to be unfounded for defects or malfunction, the customer will be liable to compensate for ENERGY ITALY SRL all costs (appraisals, cost assessment, etc.). incurred by him for the verification of products and abnormal spoiled.
 
42. In any case, the guarantee does not apply if the Product supplied by ENERGY ITALY SRL present tampering and / or unauthorized modification or resulting from incorrect handling by the customer and / or unauthorized personnel, if they are not complied with by the customer to the instructions provided by the manufacturer or ENERGY ITALY SRL, in the case of defects caused by use and / or improper storage of the customer.
 
43. The guarantee of proper functioning of the Product supplied is generally equal to 24 months from the date of delivery to the customer unless otherwise agreed between the Parties agreed. The Customer shall in no event boasts more guarantees than those provided for by the Civil Code.
 
 
 
 
FORCE MAJEURE
44. ENERGY ITALY SRL shall not be liable for non-fulfillment of its obligation, if he proves that the non-compliance is due to an impediment or event (for example, fire, war, kidnapping, disruption, strikes, production downtime and defects or delays in deliveries by suppliers) independent of its control and which could not reasonably be required to provide at the time of conclusion of the Contract.
 
45. If the event or impediment continues to exist for a period exceeding 90 (ninety) days, the party unable to fulfill may terminate this Agreement by notice in writing (fax, letter r) of the other party, which may not claim any compensation of damages or other contractual penalty.
 
 
 
 
PROTECTION OF PERSONAL DATA
46. Pursuant to and by effect of art. 13 D. Decree 196/03, the Customer declares to have been informed of the subject and the manner and purpose of the processing of their data and to be aware of the rights under Art. 7 D. Decree 196/03.
 
47. By signing this form, the customer also expresses consent to ENERGY ITALY SRL collects, maintains, uses and "stretches" the data that comes into possession for promotional, commercial, tax and accounting related to the completion of the contract. The Customer also authorizes ENERGY ITALY SRL to transmit their data to qualified third parties for compliance with the law and / or contractual related and / or arising out of their existing relationship with ENERGY ITALY SRL.
 
 
 
 
MISCELLANEOUS
48. Communications. Any communication to be performed under this Agreement shall be valid, unless otherwise provided, if made in writing to the addresses specified in the Offer to those reported later by the Parties. Communications which is not specifically provide for the form must be carried out by means of registered letter with acknowledgment of receipt or certified mail.
 
49. Tolerance. Any conduct engaged in by the customer in breach of the conditions contained in the contract of sale may be tolerated by ENERGY ITALY SRL through a written document, however, this tolerance, even tacitly or by conduct does not constitute waiver of the rights deriving from the provisions violated or the right to require the exact fulfillment of all benefits due.
 
50. Assignment. It 'reserved only for ENERGY ITALY SRL the right to sell to third parties the claims on the client or the rights deriving from it, the customer pays as of now its consent under 'art. 1407 of the Civil Code
 
51. Completeness. The Agreement is the comprehensive regulation of relations between the Parties with references to 'object shown and supersedes all prior agreements, representations or oral or written between them.
 
52. Severability. Where possible, each prediction of this Agreement shall be construed in such a way as to be valid and effective, but if a provision is deemed invalid or unenforceable by itself, without invalidating the remainder of this Agreement.
 
53. Jurisdiction. All disputes related to the General Contract of sale, including those related to its implementation and / or interpretation and / or application, also originating from tortious action, will be brought to the knowledge of the Court of exclusive Marsala, even in the case of connection of cause or called third-party warranty.

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