General terms of sale
1- Effectiveness of the General Terms
The General Terms, except for possible derogations specifically agreed in writing, discipline all the current and future terms of sale between the parties.
Statements of agents, procurers, distributors or other mediators do not commit Umbra Rimorchi in any way, unless they result from a relevant written document signed by the pro tempore legal representative of Umbra Rimorchi.
Ex-Works Umbra Rimorchi plant located in Perugia.
Different terms of delivery will have to be agreed in writing with Umbra Rimorchi. In any case the goods always travel at the buyer’s risk.
3- Prices and taxes
Prices shown in this price list are to be considered exclusive of VAT.
Unless otherwise agreed, the Umbra Rimorchi price list in force will be applied at the date of conclusion of the contract.
4- Terms and conditions
Unless otherwise agreed in writing, payment of the prices and of all other amounts due for any reason by the Customer to Umbra Rimorchi will have to be made to the seat of the firm or if necessary in an other place previously indicated in writing by Umbra Rimorchi.
he Customer will have to make the payments exactly in compliance with the terms and conditions agreed with Umbra Rimorchi. The non-compliance with the terms and conditions, releases Umbra Rimorchi from the fulfilment of the delivery obligations, in the case that the delivery has already taken place, the non fulfilment of any obligation by the Customer subsequent to the delivery, will involve the loss for the Customer of any benefit agreed in his favour and will therefore give Umbra Rimorchi the right to demand payment of the whole residual amount, in addition to the interest, starting from the expiry date to the actual payment at the nominal 8% annual interest rate, or if higher, at the rate of the Legislative Decree n°231/2000 art.4 (where applicable).
Where the delay in payment exceeds 30 days from the expiry date, Umbra Rimorchi is in any case in the right to rescind the contract, except for damage compensation.
5- Complains and products restitutions
Possible complaints with regards to obvious faults (such as packing, quantity, colour, number and exterior characteristics) will have to be notified to Umbra Rimorchi by registered letter within 8 days of the delivery date of the products or forfait the right to reclaim. Possible complaints with regards to concealed faults (flaws that cannot be identified through scrupulous inspection at the moment of delivery) will have to be notified to Umbra Rimorchi by registered letter within 8 days of discovering the flaw and anyway not more than 12 months from delivery or forfait the right to reclaim.
It is understood that possible complaints or claims do not give the Customer the right to suspend or delay payment of the products in dispute.
The products cannot be returned if the restitution hasn’t been previously authorized in writing by Umbra Rimorchi.
The unauthorized restitution will not in any way effect the rescission of the sales contract and so Umbra Rimorchi will have the right to demand the due payment.
The faulty products will have to be delivered directly to Umbra Rimorchi or to an authorized Umbra Rimorchi Customer Service at the Customer’s expense. Any complaints or delivery made to agents, brokers, distributors and other mediators will be of no effect in accordance with the present paragraph.
Umbra Rimorchi guarantees the conformity of the products supplied as explicitly agreed. The guarantee for flaws is limited to defects in design, material or manufacture for which Umbra Rimorchi can be proven to be responsible. The Customer loses the right to the guarantee if:
- he doesn’t use the product correctly;
- he assembles or disassembles it without scrupulously following the fitting instructions and using non-original parts:
- he hasn’t taken care of the maintenance and preservation of the products in accordance with the indications of the fitting instructions;
- he has modified or tried to fix the product without the permission of Umbra Rimorchi.
Umbra Rimorchi undertakes to rectify the above mentioned flaws, lack of quality or defects in conformity of the products for which Umbra Rimorchi can be proven to be directly responsible which may occur within twenty-four months of delivery, if the defects are brought to their attention immediately in accordance with art.5 and only in the event that the presence of the reported flaws are confirmed by an Umbra Rimorchi authorized Customer Service Centre or directly by Umbra Rimorchi. Umbra Rimorchi can choose whether to repair or substitute the faulty products, except in the event of fraud or gross negligence by Umbra Rimorchi the compensation for damage for the Customer cannot however be more than the part of the amount indicated in the invoice which the Customer has already paid.
The guarantee referred to in this paragraph absorbs and substitutes the legal rules and regulations of the guarantee for defects and excludes any other liability of Umbra Rimorchi originating from the products supplied; therefore, the Customer can not boast claims that do not conform to the conventional rules of the guarantee, such as, for example, claims for damage, reduction of price or rescission of the contract. Elapsed the warranty period no claim can be made against Umbra Rimorchi, in any case.
7- Documents and testing and registration fees
The documents for the testing of tow bars and for the registration or coupling of trailers, are included in the price list; the cost of its papers is to be borne exclusively by the Customer.
8- Discipline of the guarantee in the event of applicability of the Consumer Code
Provided that there are the subjective and objective conditions for the application of the Consumer Code, the provisions of Title II - Liability for defective products - and Title III - Legal guarantee of conformity and commercial guarantees for consumer goods will be applied to the sales made by Umbra Rimorchi - Legislative Decree 206/2005.
For any dispute concerning rights and obligations arising from this contract the Court of Perugia will have jurisdiction.