INTRODUCTION AND DEFINITIONS
The following "General terms" regulate in full the contractual relationship that starts with the successful conclusion of the irrevocable proposal made by the "customer" and contained in the order.
In the following "General Terms" also:
"T.M.A." is the "T.M.A. di Bogliari Roberta & C. S.n.c". (T.M.A. of Bogliari Roberta & C. general partnership)
"List price" is the price given in the same price list at the moment of the order.
"Standard material" is the production material that is in the "catalogue"
"Special material" is the material produced on specific request according to the customers directions
"Confirmation of the order" is the very moment when the proposer receives the communication of the acceptance by T.M.A.
"Enclosed manual" is the instructions for use and servicing manual for the supplied products: it is enclosed to the present general terms and refers to hydraulic telescopic and non-telescopic cylinders.
All purchase orders must refer to T.M.A. offers. The purchase orders are, and must be considered as, irrevocable proposals of the customer that T.M.A. will accept. The proposal can be considered accepted only when the proposer receives formal communication from T.M.A.
Prices given in price lists are net prices after-VAT and loco prices of the goods stored in the T.M.A. factory in Arezzo.
The delivery term is calculated in working days starting from the day of the confirmation of the order. In any case, T.M.A. is not responsible for any delay due to circumstances beyond its control, to the customer, to a third party (as well as sub-suppliers and transports) or to any other reason beyond its control as strikes of the staff. In any case the customer hasnt the right to ask the cancellation of the contract or reject the goods because of delays in delivery.
The goods, although sold with ex warehouse delivery, travel always and in any case at the buyers risk.
The packing, made by T.M.A., will be invoiced at cost price.
Returned goods will be accepted by T.M.A only if previously authorized and, in any case, within 10 days from withdrawal. All the expenses for the return of the goods, as the carriage or other, will be charged on the customer.
Products and samples supplied by T.M.A. can not be duplicated or transmitted to others.
T.M.A. will not be held responsible for damages caused by any illegitimate use of its products, or any use different from that indicated in the enclosed manuals instructions. T.M.A. is not responsible in any case for damages caused by products made on specific request and design of the customer, also if the instructions in the above mentioned manual have been observed.
Payment must be made by the buyer according to the method and term agreed upon. In case of delay or non-payment T.M.A. can suspend the consignment of the goods of the order in progress and demand the advance payment of the ordered goods. In any case T.M.A. will calculate interests on arrears at a rate 3% higher than the official one.
Any complaint for the ordered goods will not in any case allow the buyer to suspend the payments that must be made according to the methods and terms agreed upon.
T.M.A. guarantees its products for twelve months (12), the time starting from the delivery of the same products;
(Report of defects and complaints)
The report of defects must be made by registered letter within 8 days from the finding of them.
Complaints concerning the quantity, sort or type of the goods supplied must be made to T.M.A. within 8 days from delivery.
Essential condition for a working guarantee is that the installation of the products must be carried out by qualified personnel, explicitly authorized by T.M.A. with the respect of science and technics regulations. The guarantee is effective only if the instructions in the enclosed manual have been followed.
Damages occurred during the transport as well as due to any illegitimate use or wrong installation, are not under warranty. In any case parts of the supplied products that wear out, such as seals, guides, articulated joints, bellows, etc are not under warranty.
(Loss of warranty)
The buyer loses the warranty if the product is altered, modified, repaired and/or dismantled by any person not authorized by T.M.A. and always in case of non-observance of what said above and in the manual.
(Place of jurisdiction)
The Court of Arezzo has jurisdiction on every dispute.
(Declaration of consent)
According to and in all respects of the articles 11 e 20 Law 675 /96, the customer accepts without any condition that the personal data concerning his person (or the firm or company he represents), as he gave them by placing the order, will be processed by T.M.A. (as in letter b, paragraph 2, art. 1 L. 657/ 1996) in the modes and with the aims mentioned in the information concerning them.
According to and in all respects of the article 10 of the law 675/96, the customer acknowledges that information above the features, the aims and the modes of the mentioned data processing has been given him previously, as required by the above mentioned regulation and as written out in the document which is considered as an integral part of the same. With regard to this he also acknowledges he has acquired a copy of the above mentioned document.
After reading every clause and reading again those mentioned in this general conditions on the numbers 2), 4), 6), 7), 8), 9), 10), 11) the buyer declares he explicitly accepts them.