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Condizioni generali di vendita.
NOTICE TO THE BUYER
For your greater convenience, we reproduce below the full text of the GENERAL TERMS AND CONDITIONS OF SALE, which form an integral part of your order and are, therefore, applicable to the sale reflected in this invoice.
The following General Terms and Conditions form an integral part of all our contracts for the sale of goods, even when orders are placed by telephone, verbally, by fax, e-mail, through computer links, and/or the internet. These General Terms and Conditions shall not apply to sales involving services or other matters. Any and all modifications to these General Terms and Conditions must result from a written agreement between the Buyer and the Seller, duly signed by both parties.
GENERAL TERMS AND CONDITIONS OF SALE
ORDER
The Goods subject to each sale between the Buyer and the Seller are described in the purchase order that the Buyer transmits to the Seller through the media provided or made available by the Seller or its intermediaries.
CONTRACT
The contract for the sale of goods is governed by the Order and these General Terms and Conditions. The Contract is perfected upon the Seller's written acceptance of the Order communicated to the Buyer or, failing that, upon the execution of the Order through the delivery of the goods to the carrier or freight forwarder.
DELIVERY TERMS
Delivery terms are not binding on the Seller. The Seller has the right to reasonably advance or postpone the delivery of all or part of the goods, without this constituting grounds for the Buyer to request total or partial termination of the sale, nor the payment of damages or compensation. It is understood, however, that maximum effort will be made to fulfill the order on the requested dates.
REFUSAL TO ACCEPT DELIVERY
Should the Buyer refuse to accept delivery of all or even part of the goods, the Seller may, at its absolute discretion, demand the performance of the Contract, or declare its total or partial termination. In either case, the Seller retains the right to claim damages. Any liability of the Seller for risks arising from or related to the storage of the goods is expressly excluded.
WARRANTY AND LIMITATIONS
The Seller guarantees that the goods are free from manufacturing defects; the warranty does not cover defects caused by tampering or improper use of the goods. The warranty service is expressly limited to replacing the goods ascertained as missing and replacing the goods returned and ascertained as defective or, in both cases, at the Seller's absolute discretion, to granting a price reduction. No return of goods will be accepted unless previously agreed upon.
PAYMENTS AND ACCRUAL OF DEFAULT INTEREST
Payments must be made at the Seller's domicile in the manner and within the timeframes established. For delayed payments, default interest will be charged at the rate established by law from the day following the due date.
SUSPENSION OF EXECUTION AND TERMINATION
The total or partial non-payment of supplies or any sum due by the Buyer releases the Seller from any ongoing commitment with the same at any time and without the need for prior notice. The Seller has the same right whenever changes occur in the Buyer's person, corporate structure or composition, management or governing bodies, financial situation, asset consistency, or commercial image, as well as in the event of protests, pending executive or precautionary procedures, suspensions, difficulties, or delays in fulfilling obligations assumed, even towards third parties, or any facts attributable to the Buyer that may be detrimental to the successful outcome of the Contract and/or harmful to the Seller's commercial interests.
MODIFICATIONS AND COMPLAINTS
The Seller reserves the right to make non-substantial modifications to models, dimensions, materials, and accessories, always within customary tolerances and without the obligation to notify the Buyer. Any complaints regarding shortages or damages apparent from an external examination of the packages containing the goods must be raised, under penalty of forfeiture, upon receipt, by means of an annotation on the delivery receipt signed by the Buyer and returned to the carrier. Any other complaint regarding the goods delivered by the Seller must be communicated in writing within 8 days of receipt of the goods. Complaints are accepted only at the absolute discretion of the Seller, and always after inspecting the contested goods. The Buyer may not return contested goods without the Seller's written authorization.
RETENTION OF TITLE
This sale is executed subject to retention of title (Art. 1523 of the Italian Civil Code and following); therefore, the products remain the property of the Seller until the full payment of the price by the Buyer. In the event of a credit assignment or payment made by third parties, the aforementioned retention of title shall be deemed transferred to them.
PRIVACY
The personal, biographical, and tax data acquired directly and/or through third parties by the company Unitech Digital Media Srl, V.le della Costituzione Is A3 80134 Naples, VAT No.: 08244001213, as the Data Controller, are processed for contractual and legal requirements, as well as to enable effective management of commercial relations. The data may be communicated in Italy and/or abroad to: our network of agents; factoring companies; credit institutions; debt collection companies; credit insurance companies; commercial information companies; professionals and consultants; companies operating in the transport sector. The data subject may exercise all the rights set forth in Art. 7 of Legislative Decree no. 196/2003.
BUYER'S DECLARATIONS
Pursuant to Presidential Decree (D.P.R.) 633/72 art. 21 and 41/c, the Buyer confirms under its own responsibility the accuracy of the name, address, and tax code and/or VAT number provided.
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