Foreword
The following general conditions are in force and applicable to all business relationships entered into by DE MARINIS in the marketing of all products manufactured, assembled or otherwise sold by the same, unless otherwise expressly agreed in writing.
The same are considered integrative and specificative of the General Conditions of Sale contained in any Information Catalog of the Supplier and in the owner of Installation, Operation and Maintenance relative to each individual product, the customer declares to have previously considered, being in possession.
1) Orders and formalization of the contract
The proposed order signed by the customer or in any way by these, transmitted in any form in DE MARINIS, that is where adherence to these General Terms and those they called up and will be deemed accepted by DE MARINIS only with the subscription by the latter or, alternatively, at the time of execution of the supply. Any request for modification the order accepted is no effect without express acceptance of DE MARINIS. The order will not be accepted otherwise revoked and / or canceled, unless the written consent of DE MARINIS. It is understood that any arrangement made goods will result in a chargeback to the extent not exceeding 80% of the net price set by DE MARINIS: every additional burden of any cost will be borne exclusively by the customer.
2) Properties and condition of products ordered
DE MARINIS ensures conformity of the product to the technical and functional specifications indicated in this and in all of its technical and commercial documentation relating to each specific product - which the Customer declares to know and accept - as well as to regulations in force, of which the customer agrees to warn any of its buyers.
The Customer undertakes to use the product in accordance with its technical designation, its specifications and the current law provisions. DE MARINIS is expressly exempted from any liability arising from the mode of use, installation, storage or conservation of the Product supplied, as well as of the building design where the same product is intended to be part of. In light of technological evolution and the subject, DE MARINIS legislation unquestionably reserves the right to introduce at
any time any necessary modification to the product as shown in the information brochure as well as its price.
3) Intellectual Property Rights
DE MARINIS is the sole owner of the rights relating to any data, information, design, feature, process, chemical composition, functional feature and each and every element concerning the Product. The performance of the supply contract does not constitute any form of sale of industrial property
rights or license to use the know-how concerning the Product.
4) Confidentiality Clauses
DE MARINIS and customer are obliged to respect the most scrupulous of confidentiality and secrecy on anything (documents, data, characteristics, elements, technical, financial, drawings, graphs, reports, plans, notes, etc.) reciprocally learned as part of the contractual relationship.
5) Delivery terms
The agreed delivery date coincides with the assignment of the product to the carrier or forwarder, or departure of goods from home or from the branches of DE MARINIS. In any circumstances the agreed delivery terms are considered essential and binding for the correct execution of the order, giving the Customer, specifically, to formulate demands for compensation or termination in case of delay.
6) Delivery and transport conditionse
Unless otherwise agreed, delivery of the product you intend to place at the premises or establishment of DE MARINIS with the load on the vehicle used by DE MARINIS same, by the carrier or the consignor, the time from which the transfer begins the customer of all risks and responsibilities inherent in both the conservation of the product itself, both the timing and manner of delivery. The transport costs are considered “ex works”. In case of specific agreement notwithstanding, it is understood that the transport costs borne by the customer can never be less than € 20.00 per invoice net taxable up to EUR 300.00. It remains the responsibility of the customer all costs (storage, insurance, handling, storage, etc) of the transport, which is always intended made his own expense. The Customer undertakes exclusively, if it deem it necessary and under his sole responsibility to ensure the product during transport. In cases in which DE MARINIS take charge of the shipment of the Product to destination, the passage of risk will have when the Product is delivered to the first forwarding agent or to the first carrier. The customer is always the public service obligation of customs duties and shall, if due, also fulfill all associated procedures.
7) Verification the amount and type of the delivered producte
The customer has to verify the conformity of the product to the conditions of the order at its own
expense and under its sole responsibility at the time of its receipt. Any contestation or reserve concerning visible parcel or Product discrepancies, weight or quantity than the transport document, must be reported in writing to the carrier or to the shipper together with the taking over of the product and sent for information to DE MARINIS no later than the same business day. In timely reporting of defects in the terms indicated above, the product in terms of the type and quantities shall be considered accepted.
8) Verify and dispute as to the existence of defectse
DE MARINIS is bound to deliver the Product without defects and conforms to its specifications. The customer, in the event of outstanding vices must, under penalty of forfeiture, within eight days of delivery, in case of obvious defects, and within eight days of discovery, in case of hidden defects, send DE MARINIS appropriate written notice containing the detailed list of defects, which would, therefore, available, according to its instructions, the articles affected by and at the Customer’s expense. After the lapse of eight days and in absence of claims, the supplied Product shall be considered definitely accepted. Where DE MARINIS results indicating the actual presence of the alleged vices, will the relative repairs, referring, thus the product to the customer at his own expense. DE MARINIS, however, may, in its sole discretion, and without this constituting any admission of liability, to replace the disputed product. In any case, the Customer may withhold payment of the Product object of contestation. The Customer may not, for any reason independently make or let make to third working or interventions on the product. In this case, the Product will no longer be guaranteed or DE MARINIS could not be charged of any liability. Any claims or disputes regarding a Product delivery does not exonerate the Customer from the obligation to collect and pay the remaining quantities of goods within the limits of the order.
9) Warranty
- lifetime - DE MARINIS is bound to deliver the Product in full compliance with current regulations and with the order. DE MARINIS, unless otherwise agreed, guarantees the supplied Product for a period not exceeding two years from delivery. The warranty shall be effective only in case of proper use of the product.
10) Limitation of Liability
DE MARINIS can not be held liable for Product defects, if these defects to: - materials supplied by the client or by third parties; - Design errors made by the customer or by third parties; - Use of equipment or delivered by the Customer or third parties; - Treatments or manipulations carried out by the Customer or third parties; - Manufacturing errors when the process is specified or otherwise validated by the Customer; - Use and / or installation and / or deformed assembly, incorrect, not allowed, anomalous, atypical, or particular; - Storage defect, transportation, storage or handling; - Normal wear, or Product deterioration attributable to the Customer or to third parties. In any case, the responsibility of DE MARINS will be limited only to direct damages, to the exclusion of any liability for consequential damages, image loss, lost profits, loss of earnings, operating losses, profits, subject line or otherwise.
11) Definition of prices
Unless otherwise agreed, the prices for individual products are those set by the price list in force at the time of acceptance of the proposal by DE MARINIS, that the customer must be aware at the time of submission of the proposal . Until complete acceptance of the proposal by the Supplier, the latter unquestionably reserves the right to modify, the prices charged, informing the customer, which must, therefore, express their acceptance. Unless otherwise agreed prices shall be considered net of any tax, fee or payment and, in any case, “ex works.”
12) Payments
Payment of supplies shall be made as agreed with the customer, in any case understood the enforceability of the Decree Law and Article 231 of 9.10.2002. 1196 cc. In case of delayed payment or other circumstances that could cast doubt on the solvency, DE MARINIS may, vat its sole discretion, suspend the supply, informing the customer. Upon receipt of such notice, all the debt of the Customer towards DE MARINS will be considered immediately overdue and all sums due and notwithstanding any conditions previously agreed. The Customer is required to notify DE MARINIS any significant change in its shareholding structure or its management and administrative organization or intervened to signing of the sales company or branch thereof, where such occurrence must affect the product supplies. DE MARINIS, assessed that information, or lack thereof, will eventually inform the Customer on its decision not to continue the relationship. In this case, all
claims of the Supplier will be considered immediately due and payable.
13) Jurisdiction
Any dispute arising from the interpretation or execution of the contract or in any case every fact connected or prodromal the conclusion of the contract and / or order, will always be, that are compulsory, subject to Italian jurisdiction and the laws in force in Italy.
14) Jurisdiction
For any dispute arising from the interpretation, application, and execution of the contract shall be always and in any case the sole and inescapable responsibility of the Court of Como.
15) Confidentiality and protection of personal data
Under Article 13 of Legislative Decree 196/03, DE MARINS inform the customer that the personal data will be used exclusively for purposes related to the establishment and continuation of the purchase of the Products contract. The data will be processed by computer, telecom and paper and can be handled by individuals inside and / or outside a DE MARINIS in their capacity as officers and / or data processing. The data, when this is instrumental to the achievement of the objectives of the treatment, may be disclosed to third parties both within the European Union and in third countries. With the signing of these General Conditions, the Client gives his consent to the processing of personal data pursuant to art. 23 of Legislative Decree no. 196/03.
