Terms of sale
ART- 1 - CONCLUSION OF THE CONTRACT
1.1 The supply contract is stipulated by order confirmation by ADVANCED BARCODE DISTRIBUTION S.r.l. (hereinafter ABD S.r.l.).
1.2 The order is usually placed by the Customer on the basis of the offer of ABD s.r.l. and/or entered online by the Customer on this website.
1.3 ABD s.r.l. has the right to confirm the Customer's order within 3 days of receipt of the order.
1.4 In case of non-confirmation ABD s.r.l. will send the Customer a notice of non-acceptance of the order, and will reimburse the Customer
any advance payments received within 3 working days without anything being due by ABD S.r.l. for non-acceptance of the order.
ART. 2 - OBJECT OF THE CONTRACT
2.1 The supplies include only the products (machinery, spare parts, accessories or consumables, software, and any maintenance contract) expressly specified in the order confirmation of ABD s.r.l. or, in the absence of the latter, in the offer.
2.2 Supplies are governed by these general conditions and any conditions
special contained in the order confirmation, except for exceptions or additional conditions resulting from explicit written agreement.
2.3 Any behavior, even repeated, of one of the two parties that does not comply with one of the conditions referred to in °2.2 shall in no way prejudice the right of the other to demand, at any time, the application of the same.
ART. 3 - SUPPLY PRICES
3.1 The prices of the supplies shall be understood as those specified in the order confirmation (or, in the absence thereof, in the offer) and do not include services, charges, taxes, duties or rights not expressly mentioned in the same.
3.2 Prices are subject to change, without notice
3.3 Packaging, even if invoiced at cost, is not received return.
ART. 4 - PAYMENT METHODS
4.1 The payment of the supply must be made to the domicile of ABD s.r.l. in the form specified in the confirmation, remaining at the expense of the Customer the risk of transmission of the sums, whatever the means chosen.
4.2 In the case of partial deliveries, payment is pro-rata.
4.3 For no reason, title or cause, even in the event of delays in the delivery of materials or disputes of any kind, the Customer may defer payments beyond the agreed deadlines.
4.4 Any delay in payment automatically puts the Customer in the obligation to pay commercial interest to the extent of the official rate, as established by Legislative Decree 9/10/2002 n.231, without this implying any right for the Customer to defer payments
Same. No further orders will be processed until the full payment of overdue invoices has been settled.
ART. 5 - EVENTS OF THE CONTRACT
5.1 Invoices of ABD s.r.l. not contested by the Customer by registered letter within 15 days of receipt are considered accepted.
5.2 The Customer's delay in paying invoices or instalments of the agreed price, even if
refers to partially processed orders or split deliveries, entails the right for ABD S.r.l. to cancel the order and suspend subsequent deliveries.
5.3 If the payment of an advance has been agreed in the payment conditions
of the order, ABD s.r.l. has the right not to execute the contract and to suspend the execution of other supplies that may be in progress with the Customer, until receipt of the advance.
5.4 If the Principal is no longer in a position due to changes in its financial condition
able to ensure the current fulfillment of the commitments undertaken and so in the event of bankruptcy proceedings or sale or liquidation of the company, ABD s.r.l. may suspend the execution of the supply at any time pursuant to Article 1461 of the Civil Code or may terminate the contract by simple written communication.
5.5 In any case, ABD s.r.l. is without prejudice to the possibility of compensation for greater damages.
ART. 6 - DELIVERY
6.1 No responsibility can be attributed to ABD s.r.l. for the delay in deliveries in the event of strikes, fires, picketing or other circumstances beyond its control that prevent, reduce or delay the production activity.
6.2 In such cases, the delivery period may be extended by mutual agreement between the parties, taking into account the residual interest in the supply.
6.3 The Customer is required to compensate damages resulting from delays in the collection of supplies from the warehouses of ABD s.r.l. or from another place that may be agreed.
6.4 The preparation period is usually established by ABD s.r.l. at the time of order confirmation is calculated in working days. It starts from the day of the agreement on every detail of the supply contract, or, if the payment of an installment to the order has been agreed, from the payment itself.
6.5 ABD s.r.l. has the right to extend the preparation period if the Customer does not fulfill the contractual obligations and in particular if:
- fails to make timely payments;
- does not provide in good time the data necessary for the execution of the supply;
- does not give prompt approval of the drawings and executive schemes;
- does not supply any materials supplied in good time;
- requires variations during construction;
- difficulties arise beyond the will and diligence of ABD s.r.l., including delays by subcontractors.
6.6 Delivery is considered made when the goods are taken over by the
forwarder or other carrier. The goods are the property of ABD s.r.l. until the full price is paid.
ART. 7 - SHIPPING AND TRANSPORT
7.1 The conditions applicable to shipments and returns are described in the appropriate section "Shipments and Returns in this store.
ART. 8 - WARRANTY
8.1 ABD S.r.l. guarantees its machinery for a period of 12 months from delivery, unless otherwise agreed and undertakes, during this period, to repair or replace defective parts free of charge , provided that the defect is due to defects in design, materials or workmanship and provided that it is reported to ABD s.r.l. by registered letter within the peremptory term of 8 days from its discovery. Under no circumstances can the consequences of normal wear and tear of machinery and spare parts resulting from their use be considered defects or defects.
8.2 In case of warranty intervention , defective parts must be returned and taken "ex warehouse" ABD s.r.l.. In the case of warranty intervention at the Customer, repair labor and replacement of spare parts are free of charge , while ABD s.r.l. will invoice the travel and travel expenses of its staff to the Customer , as well as any idle waiting times or non-activity for reasons beyond the control of ABD s.r.l..
8.3 The warranty does not apply and cannot be invoked if the Customer:
- makes changes to the products without authorization from ABD s.r.l.;
- performs or has repairs carried out by personnel not authorized by ABD s.r.l.;
- does not make payments within the agreed terms;
- use the products without observing the instructions of the relevant manuals;
- uses consumables and spare parts not original ABD s.r.l.;
8.4 Furthermore, the guarantee does not apply and cannot be invoked if:
- the plant intended to integrate with the product ABD s.r.l. does not have the necessary protections for operation according to current regulations or is located elsewhere without the written consent of ABD s.r.l..
ART. 9 - INSTALLATION
9.1 The installation at the Customer will be invoiced according to the rates of ABD s.r.l. in force on the date of the service, unless otherwise agreed in writing. If the installation , where agreed, should not take place, for reasons not attributable to ABD s.r.l. within 30 days from the invoice date , The product will be considered installed and functioning for all purposes from the date of delivery
9.2 Installation means the sole installation of the product ABD s.r.l. on a plant or on a
line prepared to receive it; any adaptations, modifications, arrangements of the system or line to make the integration compatible with the products ABD s.r.l. are made by and at the expense of the customer.
ART. 10 - OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to:
a) prepare a suitable place for the installation of the products, with suitable space to allow access to them, according to the specifications established by ABD s.r.l.. The premises must meet the requirements required by law for the protection of workers. These conditions must be maintained for the entire duration of use of the products;
(b) prepare the electrical system for each product (machine) with a separate ground line ;
responding to the rules in force and in general to all the rules and principles (also in terms of safety and accident prevention).
c) Inform the staff ABD s.r.l. of any specific risks present at the installation site and provide the necessary protective equipment
d) allow ABD staff s.r.l. free and unconditional access to the machines during normal working hours, for as long as necessary for the maintenance and / or corrective performance required, even beyond normal working hours;
e) provide ABD S.r.l. staff with all the necessary assistance and consumables;
f) designate the operator or operators who will have to take care of the proper functioning of the machines and make them available for their training by ABD s.r.l.; it will be the responsibility of the Customer to ensure that the operators are correctly trained in the use of the machines;
g) use the products properly and in any case in compliance with the rules and indications of ABD s.r.l.;
ART.11 - RESPONSIBILITY
11.1 The liability of ABD s.r.l. is limited only to the equipment supplied by it; Under no circumstances shall it be responsible for the plant or line in which its products may be integrated, nor for the resulting production . Furthermore, the Customer expressly exempts ABD s.r.l. from any and all liability for injuries to persons and / or things deriving from the use of the products.
11.2 The information provided by ABD s.r.l., directly or through catalogs, photographs or other means, is only indicative and can in no case entail the responsibility of ABD s.r.l. about the choice of products, their use or the results obtained. It is the responsibility of the Customer to verify the performance and quality of the marking through printing samples and confirm to ABD s.r.l. the samples themselves. ABD s.r.l. cannot be held responsible in any way:
- in case of use of the machines and their inks on media other than those
presented to ABD s.r.l., or that are different in chemical composition and application process;
- in the event that the Customer complains of deficiencies in performance and / or quality of marking that
He could have identified in due course with proper control in his care.
11.3 The Customer expressly exempts ABD s.r.l. from any liability for damages and injuries to persons and / or things deriving from failure to comply with the provisions of Article 10 above.
11.4 The Customer may in no case claim compensation for any damage suffered as a result of machine downtime.
11.5 In case of damage to the products resulting from interventions by its personnel, ABD s.r.l. is required exclusively to repair the products themselves.
11.6 No responsibility can be attributed to ABD s.r.l. for the delay in the execution of maintenance and / or corrective interventions in the event of strikes, fires, picketing or other circumstances beyond its control that prevent, reduce or delay the production activity.
11.7 In such cases, the deadline for performance may be extended by mutual agreement between the parties, taking into account the residual interest in the performance.
11.8 In order not to jeopardise the efficiency and proper functioning of the machinery, the
Customer, as required by the previous article 10.1, sub h), must use original products ABD s.r.l., assuming, otherwise, the burden of any damage caused to the machines.
ART.12 - TECHNICAL DATA AND CONFIDENTIALITY
12.1 The Customer undertakes not to use, for reasons other than those provided for in the contract, the drawings, technical information and findings relating to the supply, all of which remain the exclusive property of ABD s.r.l..
12.2 The Customer undertakes not to reproduce or transmit to third parties the technical data and not to apply for patents or signs of industrial property rights on them.
12.3 The Customer undertakes not to produce or have produced by third parties, machinery or parts of these using the technical data of Markem-Imaje s.r.l..
12.4 In case of interruption of the order, the expenses for the works already completed or in progress of
completion will be charged to the Customer, unless otherwise agreed.
12.5 Markem-Imaje s.r.l. reserves the right to make any structural and functional changes to its products at any time that it deems convenient.
ART. 13 - DEROGATIONS
Any agreement derogating from these conditions of supply must be in writing; Any verbal agreement with agents, distributors, officers of ABD S.r.l. not ratified in writing by the same is ineffective.
ART. 14 - LEGISLATION, JURISDICTION AND COMPETENCE
14.1 The contract is governed in any case by Italian law .
14.2 For anything not provided for in this contract , the rules of the Civil Code on sales apply .
14.3 In the event of a dispute , Italian jurisdiction exists and the Court of Turin has exclusive jurisdiction .