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TERMS AND CONDITIONS OF SALE

SALE AND SUPPLY OF MATERIALS FOR LIFTING

Dear customer,


we inform you that the General Conditions of Sale below, indicate, in compliance with the regulations for the customer protection, the terms and conditions applicable to the purchases of our products. They are aimed at making the transactions safe, easy and convenient for you. For these reasons we ask you to read and accept them before you can proceed to the purchase.


I. SUBJECT MATTER


These General Conditions of Sale govern the sale of products manufactured and marketed by SME LIFTING Srl, located in Via A. Volta 14 / A, 22070 Locate Varesino (CO), Tax Code and VAT number 03459450130, REA Como 315939. 

Any contractual or extra-contractual liability on the part of the company for any direct or indirect damage to persons and/or property caused by failure to accept even part of an order is ruled out.


These General Conditions of Sale apply to all products of the aforementioned company. In the event of any inconsistency between the General Conditions set forth herein and the terms and conditions agreed during the individual sale, the latter shall prevail. SME LIFTING Srl will not be bound by general conditions of purchase of the customer, even in the event that these are referenced or contained in the orders or any other documentation of the customer, unless an express written consent is provided by SME LIFTING. The general conditions of purchase of the customer will not be binding on SME LIFTING Srl, not even through implied consent.


The company reserves the right to modify these General Conditions of Sale at any time, publishing them on the site without notice.


II. ORDERS AND SALES


The Customer must forward to SME LIFTING Srl Specific orders containing the description of the products, the required amount, the price and terms required for delivery via the website www.smelifting.comor via e-mail at info@smelifting.it, fax to 0331833783 or phone at number 0331 831 169.


A description for each product indicating its main features is available on the website. All support information for purchase are intended as merely for general information.

It is understood that the picture accompanying the description of the product may not be fully representative of its features and that the actual accessory supplied might differ in color and size from what is shown in the picture


The sale will be considered concluded: (i) when the customer receives a written confirmation from SME LIFTING Srl (such confirmation will be sent via e-mail, fax or electronic mail) according to the terms and conditions of the Order (ii) or, if the customer receives a written confirmation containing terms that differ from those contained in the Order, after two working days from the receipt of the confirmation containing differing terms, unless SME LIFTING Srl receives customer's written objection to such terms within the aforementioned period, (iii) or, in the absence of a written confirmation by SME LIFTING Srl, when the products is be delivered to the customer.


The Orders duly accepted by SME LIFTING Srl can not be canceled by the customer without the written consent of SME LIFTING Srl.


III. PRICES OF PRODUCTS


Product prices will be set forth in the SME LIFTING Srl price list in force at the time the Order is placed by the customer or, if the product is not listed in the price list or the price list is not available, those indicated in the Order and confirmed in writing by SME LIFTING Srl at the time of the Order. Except as otherwise agreed in writing between the parties, the above prices are calculated ex works, excluding VAT and discounts. These prices do not include the costs of packaging, shipping and transport bySME LIFTING Srl to the location of the customer. These costs shall be borne separately by the customer.


SME LIFTING Srl will retain ownership of the products until the complete payment of the price of the same. The customer must carry out all formalities required by local laws in order to make this reservation clause valid and enforceable against all third parties, including by making appropriate records in all special registers, where locally required.


SME LIFTING Srl reserves the right to change, unilaterally, without notice and with immediate effect, the prices shown in the price list in cases where the adjustment is due to circumstances that are out of the control of SME LIFTING Srl (including but not limited to: an increase in the price of raw materials and labour costs or changes in exchange rates). In all other cases, the change will be communicated to the customer and will affect all the orders received by SME LIFTING Srl from the thirtieth day after the date on which the changes were communicated to the customer.


IV. DELIVERY TERMS


Except as may be otherwise agreed in writing between the parties, SME LIFTING Srl will deliver the ex-factory products at its plants, as that term is defined in the Incoterms 2010 published by the International Chamber of Commerce in their latest version in force at the time of delivery. If requested, SME LIFTING Srl will handle the transport of high-risk products, at the expense of the customer.


The delivery will take place within the period stated in the Order as accepted in the order confirmation or, if the term was not stated in the Order, within 60 days from the first working day following the confirmation of the individual Order. The delivery times are approximate and are not essential terms pursuant to art. of 1457, and the Italian Civil Code and, in any case, do not include transportation time.


Except as provided in the preceding paragraph, SME LIFTING Srl will not be held liable for delays or failure to deliver attributable to circumstances which are beyond its control, such as but not limited to:

a. inadequate technical data or inaccuracies or delays in the transmission by the Customer to SME LIFTING Srl of information or data necessary for the shipment of the products;
b. difficulties in obtaining supplies of raw materials;
c. problems related to the production or order planning;
d. total or partial strikes, power failures, natural disasters, measures imposed by public authorities, difficulties in transportation, civil unrest, terrorist attacks and all the other force majeure circumstances;
e. delays by the shipping company.


The occurrence of some of the events listed above will not entitle the customer to claim compensation for any damages or compensation of any kind.


V. TRANSPORT


Except as may be otherwise agreed in writing between the parties, the transport will always be done at the expense and risk of the customer. In the event that SME LIFTING Srl may be required to deal with the transportation of products, SME LIFTING Srl will choose the means of transport that it deems most appropriate, in the absence of specific instructions from the customer.


VI. PAYMENTS


Unless otherwise agreed in writing between the parties, SME LIFTING Srl, at its discretion, will issue invoices at the time of the Order or the delivery of products.


New customers shall make their payments in Euros in advance or on delivery.


Returning customers will pay in Euros and within the period of 30 days from the last day of the month in which the invoice is issued or such other period agreed in the Order and confirmed by SME LIFTING Srl.


Should the customer fail to pay within the term agreed, SME LIFTING Srl shall be entitled to claim interest due at the rate established by Italy's Legislative Decree No 231/02.



Non-payment or delay in payment exceeding 30 days will give SME LIFTING Srl the right to suspend delivery of products and cancel all transactions with such customer. The suspension of the delivery of products or cancellation of sales will not give the customer the right to claim any damages.


Any claim relating to the products and/or delivery of the same shall, in no case, justify the suspension or delay in payment.


VII. NON-COMPLIANCE


Any discrepancy between the products delivered to customer compared to the type and quantity indicated in the Order will have to be reported in writing to SME LIFTING Srl within five days from the delivery date. Where a complaint is not made within the said period, the products delivered will be deemed to comply with those ordered by the customer.


VIII. GUARANTEE


Unless otherwise agreed in writing between the parties, SME LIFTING Srl guarantees that the products are free from defects/faults (with the exception of those parts of the products that are not produced by SME LIFTING Srl) for a period of one year from the date of delivery of the same to the customer.


The guarantee will not apply to those products whose defects are due to (i) any damage caused during transport; (ii) a negligent or improper use thereof; (iii) failure to follow instructions of SME LIFTING Srl relating to the operation, maintenance and preservation of the products; (iv) repairs or alterations made by the customer or third parties without the prior written permission of SME LIFTING Srl.


Provided that the claim of the customer is covered by the guarantee and notified in the terms referred to in this Article, SME LIFTING Srl undertakes, at its discretion, to replace or repair any products or parts thereof that present defects.


The customer must report the presence of defects to SME LIFTING Srl in writing within 8 days of delivery , if the defects are obvious and visible, or within 8 days of discovery in case the defects are hidden or are not detectable by a person of average diligence.


The Products subject of a complaint must be immediately posted to the headquarters of SME LIFTING Srlor anywhere else specifically indicated byt the latter, at the expense of the customer, unless otherwise agreed by the parties, in order to allow SME LIFTING Srl to perform the necessary controls. The guarantee does not cover damage and/or defects of the products arising from problems caused by, or related to, parts assembled/directly added by the customer or by the final consumer.


In any case, the customer may not assert any guarantee claims against SME LIFTING Srl if the price of the products has not been paid under the conditions and within the stipulated terms, even if the non-payment of the price within the conditions and terms agreed refers to products other than those for which the customer intends to make a guarantee claim.


SME LIFTING Srl makes no guarantee as to the conformity of products with the rules and regulations of non-EU countries. No other guarantee, expressed or implied, such as, for example, the guarantee of performance, operation or fitness for a particular purpose, is granted with respect to the products.


Without prejudice to what is stated above, and except in cases of wilful misconduct or gross negligence, SME LIFTING Srl shall not be liable for any damages incurred and/connected to the defects of the products. In any case, SME LIFTING Srl shall not be liable for indirect or consequential damages of any kind, such as, for example, customer's losses resulting from downtime or loss of earnings.


In the event that an identical defect in a product occurs repeatedly and is due to the same cause, over the course of 12 months from the delivery of products to end customers, and in any event no later than 24 months from delivery to the customer, SME LIFTING Srl shall reimburse, within the limits set forth in the next paragraph, the direct losses incurred and appropriately documented by the customer in connection with a defective product recall campaign and any other additional costs related to the repair and replacement of the products, provided that the customer is reasonably committed to limiting the losses of SME LIFTING Srl . The customer will follow the instructions of SME LIFTING Srl for the withdrawal of such products from the market.



In any case, the customer's right to compensation for damages will be limited to a maximum amount equal to the value of the defective products.


IX. INTELLECTUAL PROPERTY


The Intellectual Property Rights are the sole and entire properties of SME LIFTING Srl. Their communication or use under these Conditions of Sale does not create any right or claim for the customer. The customer undertakes not to take any action inconsistent with the ownership of the Intellectual Property Rights.


The customer declares that: (i) SME LIFTING Srl is the exclusive owner of trademarks; (ii) it will abstain from using similar marks and/or confusingly similar trademarks; (iii) it will use the trademarks solely in accordance with the instructions of SME LIFTING Srl and only for the purposes set out in these Conditions of Sale.


X. WITHDRAWAL CLAUSE


SME LIFTING Srl, pursuant to Art. 1456 of the Italian Civil Code, may terminate, at any time by written notice to the customer, the single sale in the event of breach of the obligations laid down in Articles: 3 (Product Price); 6 (Payments); 9 (Intellectual Property Rights).


XI. CHANGE IN THE FINANCIAL CONDITIONS OF THE CUSTOMER


SME LIFTING Srl will be entitled to suspend the fulfillment of the obligations arising from the sale of the products, under Article. 1461 of the Italian Civil Code, in the event that the financial circumstances of the customer would become liable to place in jeopardy the achievement of the consideration, unless sufficient guarantees are provided.


XII LEGAL ADDRESS, APPLICABLE LAW AND JURISDICTION


Legal address, applicable law and jurisdiction


SME LIFTING Srl is legally domiciled at its headquarters.


The General Conditions of Sale and each sale will be governed by and construed in accordance with Italian law with exclusion of the Vienna Convention of 1980 on the international sale of goods .


All disputes arising out of or related to these Conditions of Sale and/or any sale will be subject to the exclusive jurisdiction of the Court of Como.


Except as stipulated in the previous point, whether acting as a promoter of a legal action as an actor, SME LIFTING Srl reserves the right to promote such action in the place of residence of the customer, in Italy or abroad.


XIII. PERSONAL DATA PROCESSING POLICY


SUBJECT: information and consent request pursuant to and for the purposes of articles 13, 23, and 26 of Legislative Decree 30.6.2003 n. 196 on the protection of personal data processing.

SME LIFTING Srl Pursuant to and in accordance with article 13 of Legislative Decree no. 196/2003:

1) the above-mentioned Decree envisages a series of obligations on those who "process" (i.e. collect, store, process, communicate, distribute, etc.) personal data related to other subjects the duty to inform interested parties about the rights granted to them by law and on the characteristics of the data processing;

2) the processing of your personal data will be requested and the data communicated by you will be held on the premises of SME LIFTING Srl in Via A. Volta 14 / A, Locate Varesino (CO), in compliance with the principles of necessity and relevance with the use of computerized procedures, for legal and tax obligations and for the enforcement of contractual obligations;

3) the data controller is SME LIFTING Srl The person responsible for data processing is domiciled for the purposes of law at the headquarters of the same company. During such processing, the controller and its agents may only become aware of the data that will be processed in compliance with the obligations deriving from the rules on privacy and in accordance with principles of fairness;

4) the processing will be with manual and automated, using the systems that to store, manage and transmit the data, with the logic strictly related to the purposes of the processing, based on the data in our possession and reserving you the right to immediately communicate any corrections, additions and/or updates;

5) excluding communications and diffusion in compliance with legal and contractual obligations, the data supplied to the controller will be used only for legal purposes;

6) the nature of the contribution is to be understood strictly necessary regarding the purpose of the above processing. The conferment of these data is essential for the exact fulfillment of the activities listed above;

7) any refusal will make it impossible to properly fulfill our contractual and legal obligations, jeopardizing the continuation of the relationship established between the parties;

8) at any time you can exercise your rights towards the data controller under Article 7 of Legislative Decree 196/03, and in particular:

  • know the existence or not of personal data concerning you and request its communication in intelligible form;
  • be informed about the controller, about the purposes and methods of processing and the possible data managers, the persons or classes of persons to whom personal data may be disclosed;
  • Have the data updated, corrected, or added to;
  • have the data deleted, anonymised, or blocked;
  • oppose the processing of personal data for legitimate reasons, without prejudice to the limits laid down by law;
  • oppose the sending of advertising material or being used for market research or commercial communication.

The full text of the Article 7 of Legislative Decree 196/2003 concerning the rights of the data subject is available on the website www.garanteprivacy.it.


For any communication about privacy, the customer can contact us at: info@smelifting.it.

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