NOTICE TO THE BUYER
For your greater convenience, we reproduce below the full text of the GENERAL 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 Conditions form an integral part of all our contracts for the sale of goods, even when orders are accepted by telephone, verbally, via fax, e-mail, through computer links and/or the internet. These General Conditions shall not apply to sales involving services or other matters. Any and all modifications to these General Conditions must result from a written agreement between the Buyer and the Seller, duly signed by both parties.
GENERAL 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 made available or caused to be made available by the Seller or its intermediaries.
CONTRACT
The sales contract for the goods is governed by the Order and these General Conditions. The Contract is concluded upon acceptance of the Order communicated in writing by the Seller to the Buyer or, failing that, by the execution of the Order through 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 bring forward or postpone the delivery of all or part of the goods, without this constituting a right for the Buyer to request the total or partial termination of the sale, nor the payment of compensation or indemnities. 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 sole discretion, demand the execution 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 inherent in the storage of the goods is expressly excluded.
WARRANTY AND LIMITATIONS
The Seller guarantees the goods to be free from manufacturing defects; the warranty does not extend to defects caused by tampering or improper use of the goods. The warranty service is expressly limited to goods ascertained to be missing and to the replacement of returned goods ascertained to be defective, or in both cases, at the Seller's sole discretion, to providing a price reduction. No return of goods will be accepted unless agreed upon in advance.
PAYMENTS AND ACCRUAL OF LATE PAYMENT INTEREST
Payments must be made at the Seller's domicile in the manner and at the times established. For late payments, late-payment interest will be charged at the rate established by law from the day following the due date. (Note: The source text cuts off slightly at the end of this clause).
SUSPENSION OF PERFORMANCE AND TERMINATION
The failure to pay, even in part, for supplies or any sum owed 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 shall have a similar right whenever changes occur in the person of the Buyer, in its structure or corporate composition, in the composition of its management or governing bodies, in its financial situation, asset consistency, or commercial image, as well as in the event of protests raised, pending enforcement or precautionary procedures, suspensions, difficulties, or delays in the fulfillment of obligations undertaken (including towards third parties), or events otherwise referable to the Buyer that may prove detrimental to the successful outcome of the Contract and/or harmful to the Seller's commercial interests.
MODIFICATIONS AND CLAIMS
The Seller reserves the right to make non-fundamental modifications to models, dimensions, materials, and accessories, always within customary tolerances and without the obligation of prior notice to the Buyer. Any claims for shortages or apparent damage resulting from external inspection of the packages containing the goods must be raised, under penalty of forfeiture, upon receipt by making a note on the delivery receipt signed by the Buyer and returned to the carrier. Any other claim regarding the goods delivered by the Seller must be communicated in writing within 8 days of receiving the goods. Claims are accepted only at the Seller's sole discretion and always after inspecting the contested goods. The Buyer may not return contested goods except with the written authorization of the Seller.
RETENTION OF TITLE
This sale is executed with retention of title (Articles 1523 et seq. of the Italian Civil Code); therefore, the products remain the property of the Seller until full payment of the price by the Buyer. In the event of an assignment of receivables or payment made by third parties, the aforementioned retention of title shall be deemed transferred to them.
PRIVACY
Personal and tax data acquired directly and/or through third parties by the company Unitech Digital Media Srl (located at 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 efficient management of commercial relationships. Data may be communicated in Italy and/or abroad to: our network of agents; factoring companies; credit institutions; debt collection agencies; credit insurance companies; commercial information companies; professionals and consultants; companies operating in the transport sector. The data subject may exercise all rights referred to in Article 7 of Italian Legislative Decree no. 196/2003.
BUYER'S ATTESTATIONS
Pursuant to Presidential Decree (D.P.R.) no. 633/72, articles 21 and 41/c, the Buyer confirms under its own responsibility the accuracy of the indication of its name, address, and tax code and/or VAT number.