These general sale conditions regulate the contractual relationship between the parts after the acceptance from Technology BSA S.P.A. ( afterwards “ Technology BSA”) of the proposal/purchase order of the client and replace all the versions included in previous catalogues or any other agreement came by the parts; except when they are eventually arranged in writing and referring to the present general sale conditions derogating the contents on headed notepaper by Technology BSA duly signed by a lawyer.
All the descriptions and illustrations included in this catalogue, or in other Technology BSA trade documents , have the only aim to give to the client a general idea about products and they won’t be part of the contract between Technology BSA and the client.
This general sale conditions aren’t applied to exportations with different contractual conditions. Moreover, if the supplied products are then exported ; the client, at his own expense, will have the responsibility to obtain all permissions and authorizations adapting to the exportations laws between Italy and the final country , with a particular reference to the exportation of high technology products.
Technology BSA doesn’t give, in any cases, a pro forma invoice.
The mentioned prices are exclusive of VAT, it will be presented on the current rated to the data of invoicing. The mentioned prices in the catalogue or on the web site can change because of the raw material price. If the price of the ordered product, as resultant from the Technology BSA price list in force during the reception of the order, is different from the one indicated from the client in the order form , Technology BSA will contact promptly the client that can confirm the order or not. If the prices are not explicitly indicated or in case of supplying s linked with unenclosed products of the Technology BSA catalogue, all the prices will be specifically arranged and confirmed in writing from Technology BSA before the consignment of the product.
Orders can be presented by the client following the modalities indicated on the opening pages of the catalogue. The order will be considered as a contractual proposal, this catalogue has only an informative aim, it is an invitation to offer. The Technology BSA acceptance will be done also using a direct execution of the orders, a preventive formal acceptance of the order is not necessary.
The delivery of products will be done following the transport condition and the indicated price, according to the events , on the opening pages of the catalogue or on the web site (www.technologybsa.com ), except a different delivery service specifically requested by the client. The day delivery, apart from the way of transport, will be done only if the order is made within 10 am. The delivery terms must be considered as not essential and not binding. Departing from this, Technology BSA has the right to modify the delivery cost in the period of validity of the catalogue. If the delivery cost is superior related to the one included in the catalogue, the concerning amount will be communicated from Technology BSA to the client before the delivery. The delivery will be done only if the client approves the new amount within 3 (three) days from Technology BSA communication. If Technology BSA expects not to respect the delivery term above signed, without any responsibility towards the client, it will provide to communicate the new delivery conditions of the product to the client that should confirm the order as modified within 3 (three) days from Technology BSA communication. With this agreement, the delivery will be done at the place indicated by the client in the order, if the client wants to collect the products directly at Technology BSA – Regione Leiso 99 -14050 San Marzano Oliveto (AT) , he will express this request during the order, Technology BSA as the final aim to accept or not.
4.EXAM OF THE PRODUCTS, DELAYS AND NON-DELIVERY
The client must examine the received products in an accurate way during the delivery and he must communicate in details to Technology BSA, within 8 (eight) days from the delivery, all the defects checked –or discoverable-during this examination , the client can propose reclaims relating to the products. If the client doesn’t make this communication, all the products will be considerate definitively accepted and good as requested in the order. There is the possibility to reclaim some non-apparent defects , within 1 (one) year from the delivery, if the declaration was done within 8 (eight) days from this discovery ( respecting the Article 1495 of the Civil Code). The client must refuse the delivery, from the carrier, of products with a damage packaging and he must inform Technology BSA , differently all the products will be considered totally accepted under present conditions. Analyzing the products, the client understands that Technology BSA is not the maker of software that can be included and it hasn’t seen them. The client , under his own responsibility and before using the product, will have to verify that the software included in the purchases works without having informatics virus or other defects that can damage the product or the items in contact with them.
5.CHANGE OF OWNERSHIP AND RISK
The ownership of goods passes to the client when he collects it at Technology BSA – Regione Leiso 99, 14050 San Marzano Oliveto (AT) or, in case of delivery at the place indicated, when goods are delivered to the carrier. Goods travel at the client’s risk and danger also when it is a free trade, we must know that every delivery is made following client’s task , Technology BSA has no responsibility with the delivery to the carrier or to the client , if this one decides to take the goods personally or with other people in charge. In a non-paying situation, Technology BSA can have the avoidance clause reported in the “ Payment and Avoidance Expressed Clause” section, that is for other remedies expected by law, included the coerciveness execution ; the repurchase of the posses according to the Article 1519 of the Civil Code. If it is necessary to give the permission to Technology BSA to exercise and preserve its own rights, the client can accept this and Technology BSA, with its employees and agents , can enter in its own rooms just to collect the non-paying products. Technology BSA will have in any cases the right to ask the whole compensation for damage sustained for the client default of payment.
Technology BSA will change and repair the provided products or pay back the price if there will be defects , although the product was used in a correct way from the client. This reclaim must be done to Technology BSA within 12 (twelve) months from the delivery date, or in a second date indicated by Technology BSA for each product or established by law. The products, or the single contested parts, must be given back to Technology BSA as reported in the previous paragraph, perfectly packed , the delivery is by the client in conformity with particular instructions that Technology BSA has eventually said during the supply or later. The whole products or the single parts must be accompanied by a report with the description of the defect , as any other information indicated or requested by Technology BSA during the supply or later. All the products or the single parts substituted by Technology BSA will be under the Technology BSA possession. This guarantee substituted any guarantee or other disposition established by law in quality or suitability of the products with a specific use, except the disposition that by law can’t be derogated.
7.INFORMATION ON THE PRODUCTS AND ITS AVAILABILITY
The information included in this catalogue are, as far as Technology BSA knowledge, correct during the printing time. If the client want to offer the purchases to other people, the client himself must guarantee that the products are completed with all the accessories such as directions, labels, instructions, manuals and other useful indications given with the products.
8.LIMIT OF RESPONSABILITY
This general conditions outline the whole responsibility of Technology BSA regarding the products, except any other guarantee, condition and term, expressed or implicit, established by law, also with the reference to the high quality or suitability of the products for precise uses; and except the guarantees that, by law, can be derogated with a particular reference to the Article 1229 of the Civil Code and concerning about the responsibility of damage caused by defective products belonging to the consumer. Technology BSA is not the responsible for the lack of profit or for any other indirect damage sustained by the client for a fact, or an imputable omission against Technology BSA according to these present general conditions or in relation with their sale. The applications described in the forms presented in the catalogue and the combination of components for their realization don’t represent the unique possible technique solution. Technology BSA has no responsibility for the correct functioning of these applications, nor on their effects to the specific aims they could be involved in.
Technology BSA products weren’t tested for medical applications or medical-surgery applications in gender and nature. Likewise, Technology BSA products weren’t tested in nuclear or aeronautic applications. Technology BSA products mustn’t be used in these fields, Technology BSA doesn’t assume any responsibilities for this and for any malfunctioning and/or damage to things and people.
10.PAYMENTS AND THE EXPRESSED AVOIDANCE CLAUSE
Payments can be done following these modes: a) by bank transfer (ISTITUTO S. PAOLO- filiale di CANELLI (ASTI) – c/c 100 000 007 983 – CIN E – ABI 03069- CAB 47300 – IBAN IT 77- SWIFT CODE BCITITMM – COMPLETE CODE: IBAN IT77 E 03069 47300 100000007983 –BCITITMM) b) cash , by credit card or cash card (if the goods is collected at Technology BSA) Technology BSA has the right to ask a cash payment or to propose other different ways of payment . Every payment condition different from those above signed must be reconciled in writing with Technology BSA, before making the order. All the payments will be done for Technology BSA, without any compensation, deduction or demands from the client. In a non-payment situation , the sale contract can be rescinded according and for all practical purposes to the Article 1456 of the Civil Code. If the payments aren’t made in the established period, Technology BSA has the right to add an interest of arrears at the same interest rate of the Article 5, D. Lgs. n. 231 , 9th October 2002 in force, except the right to have a compensation for other damage and an ulterior repayment of the cost and tax sustained to have back the own debt collection and legal taxes. In that case all the amounts of money gave from the client to Technology BSA, also in relation with other deliveries, will be collectable in full and every extension granted by Technology BSA will be revoked.
Payments will be made in Euro; other currencies can be decided in writing between the parts.
12.COUNTRY OF ORIGIN
Except that is not differently communicated in writing to the client, the information included in this catalogue mustn’t be considered as a declaration of the country of origin, of a preferential origin, way of working , production or assembly of the products or their single parts.
13.RESTITUTION OF THE PRODUCTS
Without any written consent by Technology BSA, the restitution of products won’t be allowed, except what is said in the previous paragraph “ Guarantee”. After obtaining the Technology BSA agreement , to have the repayment, the client will give back the products, following these conditions: a) Products mustn’t be used and must be given back in the same conditions received by the client b) The redelivery must be done within 15 (fifteen) days from the purchase invoice data c) If the sale conditions don’t have specific instructions ( and these weren’t successively indicated by Technology BSA), all the eventually added parts to the product from the client must be removed before the restitution to Technology BSA, otherwise, Technology BSA is authorized to remove and / or eliminate all the added parts d) The restitution isn’t included for software, configuration systems and for products that, even provided by Technology BSA, weren’t available in the offer in Technology BSA catalogue e) Even if the packaging of the product is intact, a fix contribution for the operating costs equal to 25,00 ( twenty-five) Euros will be, in any cases, applied f) Products are redelivered to Technology BSA on the client’s care, expense and risk. The products to return to Technology BSA must be suitably packaged and sent to Technology BSA S.P.A., Regione Leiso 99-14050 San Marzano Oliveto (AT).
14.CANCELLATIONS OF ORDERS
Orders made by credit card or cash, that can’t be totally evaded on the base of the supply on hand, will be partially cancelled and the amount of money will be reimbursed. Technology BSA has the right not to have trade relationships with everyone. Moreover, Technology BSA has the aim not to accept or cancel any orders, independently if the payment has been received or not, the client will be informed by telefax, phone or e- mail within 48 ( forty-eight) hours ( excluding week-ends or festivities) from the order receipt. If Technology BSA doesn’t accept or cancel an order even if the payment has been already paid, Technology BSA will reimburse at the right time the whole amount received, following the modes indicated by Technology BSA to the client. The repayment of the price represents the unique tax at Technology BSA’s expense for the non-acceptance of cancellation of the order; any form of responsibility at Technology BSA’s expense is excluded.
15.CIRCUMSTANCE BEYOND ONE'S CONTROL
If the execution of Technology BSA’s orders are obstructed or prevented because of circumstances beyond one’s control, chance event, no services, materials or articles for the fulfillment of the order; if not with higher prices, Technology BSA can delay the evasion of the order and in that case, communicating the delay to the client , this one within 3 (three) days from the reception of the communication by Technology BSA, can cancel the whole or a part of the order. Under no circumstances, Technology BSA can be considered the responsible for the delay , for the cancellation or impossibility to make the delivery.
16.COPY – RIGHT AND PATENTS
Technology BSA informs the client that products presented in the catalogue can be the object of a patent, brand, copy-right or other rights belonging to the Technology BSA’s industrial property or to other people.
17. CONCLUDED CONTRACTS WITH CONSUMERS
If the customer is a consumer, dispositions to safeguard consumers will be satisfied, also included those to D. Lgs. 6th September 2006, that are not considered derogated from these following general conditions. In particular, if the contract is concluded outside commercial places or in case of contracts or contractual proposals made from a distance, the consumer has the right to withdraw without any penalty clause from the contract, sending, within 10 (ten) working days from the receiving date of purchased products, a communication, by a letter sent by recorded delivery ( such as fax, telefax, e-mail, confirmed by a letter sent by recorded delivery within 48 (forty-eight) hours to Technology BSA S.P.A., Regione Leiso 99 - 14050 San Marzano Oliveto (AT). In case of withdrawal , purchased products will be given back to Technology BSA, intact, well packed in 10 (ten) working days from the dispatch of the following communication, at customer expense, to the following address : Technology BSA S.P.A., Regione Leiso 99-14050 San Marzano Oliveto (AT).
Against the withdrawal right, Technology BSA will give back promptly to the customer the corresponding eventually received.
If the customer qualifies as a private individual and proceeds with the online purchase by evading the control relating to the VAT number, Technology BSA S.p.A. will return only up to 75% of the amount paid, including commissions.
18.ORGANISATION MODEL D. Lgs n. 231/2001
The customer declares to know the low in force about the responsibility in administration of the legal entity and, moreover, the legislative decree 8th June 2001, n. 231. the customer declares to be transparent and correct, respecting the laws.
19-PERSONAL DATA TREATMENT
Technology BSA proceeds to the customers’ personal data treatment respecting the laws, following the modalities and for the aims specified in the Privacy section printed in the following internet address: www.technologybsa.com “Privacy” section.
For further information write an e-mail to email@example.com
20- COMPETENT TRIBUNAL
The Tribunal in Asti will be exclusively competent for any controversy deriving from these general sale conditions. If the customer is a consumer , possible controversies deriving from the following general conditions will be passed to the judge competence of the consumer place of residence or domicile.