These supply conditions are applicable to all orders for machinery, tools, consumables, spare parts, etc. hereafter briefly also defined “ products “, in addition to labor costs, transfers and various services, and are understood as fully accepted by the buyer with the order, both written that verbal. Any other condition not specified here and not otherwise expressly agreed in writing is considered as not affixed and / or void.
The products are illustrated and described in special catalogs-price lists and / or specific quotes, contracts and / or offers issued for this purpose; small variations of the characteristics of the product, that do not modify the characteristics of use, can be made by our Company without notice and can not be invoked by the buyer as causes for cancellation of the order and / or disputes of any kind.
3. PRICES AND VALIDITY
All prices shown in catalogs-price lists, specific quotes, contracts and / or offers, tariffs, are expressed in € / piece, or € / number, or € / meter, or € / Kilogram, or € / body, or € / hour work and € / Kilometro, etc. and are excluding VAT. On the delayed payment will be applied to the interests pursuant to Legislative Decree No. 231/02, Ecosistemi Srl may in any case request the restoration of any greater damages and, in particular, damages due to impairment. The prices of products and services indicated by Ecosistemi Srl in the price lists, quotes, offers, contracts and rate cards may be varied by the same depending on the variation of their costs and will come into force on the date in which they are set and communicated , if the price applied at the time of delivery of the supply exceeded the price agreed on the order date by more than 15%. Only and only in this last hypothesis of exceeding the threshold of 15% with respect to the original agreement, the buyer will have the right to terminate the contract and to demand the return of the deposit paid without interest, this right must be exercised by the purchaser, on expiry, within 10 days of receiving the notice of the aforementioned increase, by written notice. Each payment must be made only according to the agreed methods. In the event that payment is authorized by payment to mediators, agents, agents, agents or employees appointed for this purpose by Ecosistemi Srl, the same must be carried out by means of non-transferable check made out to Ecosistemi Srl. The prices contained in the catalog- the price list and the rate card of Ecosistemi Srl are valid until the new catalog – price list and rate card is issued. Any deferred payment must be agreed and / or expressly authorized in writing.
For supplies of a net amount of less than € 150.00 the amount of € 10.00 will be charged for expenses. For amounts of less than € 100.00, prepayment will be required.
4. DELIVERY TERMS
Ecosistemi Srl undertakes to complete the delivery of the products within 4 weeks from the order completion, except for the hypothesis in which different conditions and delivery times are agreed. The buyer must perform all necessary and appropriate activities in order to facilitate and make delivery possible. The terms of delivery and delivery are merely indicative and determined in an approximate manner and do not constitute an essential term for the validity of the contract. The buyer exempts Ecosistemi Srl from any and all responsibility for any delays in delivery. Delivery is considered carried out between the parties even if some easily replaceable element and / or some accessory not absolutely essential for carrying out the essential functions of the machinery is missing or defective. Ecosistemi Srl also reserves the right not to carry out any type of transaction with the customer if the customer is not responsible for any reason whatsoever.
Transport is strictly excluded, unless otherwise agreed in writing.
In the event that the buyer fails to specifically indicate the method of delivery of the goods, the shipment will be made in the manner deemed most appropriate and speedy by Ecosistemi Srl and the buyer can not refuse the reimbursement of the cost of shipping. The goods always travel at the risk of the purchaser, even if sent carriage paid. The insurance is covered only at the specific request of the purchaser and is at his own expense.
The cost of packaging is not included in the price of the goods; Ecosistemi Srl will be responsible for communicating any related costs from time to time.
Payments must be made exclusively in favor of Ecosistemi Srl. Discounts and rounding are not accepted. The expense to be incurred for the stamps treated will be anticipated by the EcosistemiSrl and debited to the invoice for the pure cost incurred. This amount is exempt I.V.A. according to the D.P.R. 633/72. Any late payment will be subject to current default interest pursuant to Legislative Decree No. 231/02.
8. PAYMENT TERMS
To be agreed strictly from time to time in writing. In the absence of express agreement, the buyer must pay the price due, on delivery, on delivery.
Any deposit received will be immediately invoiced; the invoice will be issued on delivery of the goods.
The following are not included: Transportation, positioning, assembly, start-up, masonry works, electrical and hydraulic connections and anything not expressly agreed upon during the negotiation and / or contract.
The testing of the machines made by Ecosistemi Srl will be carried out at the Ecosistemi Srl headquarters with a UNI ENI ISO 9001: 2008 certified procedure; it is the client’s right to request to attend the procedure for testing the machine in order.
Ecosistemi Srl guarantees the products for a period of 12 months from delivery, unless otherwise agreed in writing. The buyer, with the order, declares to have viewed and know the machinery and / or the chosen product and that it is corresponding to the qualities agreed and essential exclusively for the specific use for which it was designed and intended. Ecosistemi Srl offers the buyer the same guarantees received from its suppliers of machinery, tools or products not produced by it. Warranty intervention means the free replacement or repair of the parts making up the equipment and / or product recognized as faulty due to manufacturing defects, with absolute exclusion of any liability deriving from damages caused by improper or improper use of the products . The guarantee referred to above, by way of derogation from the provisions of art. 1492, 1493, 1494, 1495 and 1512 c.c. it will take effect according to the following procedure: any reimbursement and / or compensation and / or compensation for damages and expenses and any price reduction is excluded. Ecosistemi Srl undertakes to repair and / or replace for free those parts that are recognized as defective due to poor quality of the material, for the warranty period received, with exemption from any and all liability and obligation for further damage. The costs for sending the new parts to replace the ones under warranty, the transfer and the travel time of the personnel are the responsibility of the orderer / buyer. The electrical parts are covered by a warranty limited to what is guaranteed by the manufacturer and in any case for a period not exceeding 6 months from the date of delivery. The warranty excludes all faults and / or breakages and / or malfunctions and / or faults that do not depend on poor quality of the material and in particular those deriving from accident, natural wear and tear and aging or the purchaser’s fault. (failure to comply with the prescribed methods of use, negligent or incorrect maintenance and lubrication, overload, excessive, improper or abusive use, unauthorized repairs or manipulations, incorrect assembly, etc.). The warranty will have no effect if, with arbitrary interventions and / or repairs of any kind performed by the purchaser, the repair or replacement of the parts has been made difficult or impossible; in any case, Ecosistemi Srl will not recognize any expenses unless previously authorized. The buyer loses the right to the warranty if he does not denounce the defect to Ecosistemi Srl within eight days of delivery by registered letter AR, as conventionally agreed between the parties, the obligation of the originator to diligently verify the quality and quantity of the goods delivered at the time of discharge.
12.1 WARRANTY ( clarifications )
The machines and equipment made by Ecosistemi Srl are covered by a warranty for a period of 12 months from their delivery, unless otherwise agreed in writing, provided that:
1) are put in place by the buyer all the due and appropriate small routine maintenance operations specified in the respective manuals and / or technical data sheets and / or safety data sheets according to criteria of diligence, expertise and caution.
2) are carried out strictly and exclusively by technical personnel authorized by Ecosistemi Srl all the scheduled maintenance indicated in the respective manuals with the limit of hours limit thework, time or volume treated (eg: cutting ordinary general maintenance 1,000 working hours or 6 months by osmosis, ultrafiltration and nanofiltration, maximum volume or 1 year for the healthy water module, etc.)
3) the products of consumption and maintenance used for the machines are only those branded and / or validated and / or in any case supplied by Ecosistemi Srl, unless otherwise agreed in writing.
4) remain unchanged all the parameters for which the machines and equipment have been studied, designed and calibrated during testing.
Not covered under warranty
1) All consumables, such as:
- Filter cartridges.
- Reverse osmosis membranes, nanofiltration and ultrafiltration.
- Ion-exchange resins.
- Activated carbon.
- Quartz sand.
- Sacrificial anodes.
- Etc. etc.
2) All parts that are found to be faulty or damaged due to:
- incorrect ordinary or extraordinary maintenance, negligence, incompetence, imprudence or negligence in use.
- omitted planned maintenance interventions to be carried out by authorized personnel Ecosistemi Srl.
- ordinary and extraordinary maintenance performed by personnel not authorized by us.
- use of non-branded and / or validated consumption and maintenance products and / or not supplied by Ecosistemi Srl.
- transfers made without our permission.
- circumstances that can not be traced back to manufacturing defects.
- natural events such as floods, hail, lightning, etc ..
- environmental and fluid conditions different from those specified in the technical documentation.
- water hammers and pressures different from those specified in the technical documentation.
- electrical voltages which differ from ± 10% to those of the rating.
- treatment of fluids not foreseen and different from those specified in the technical documentation.
- parameters other than the design ones.
Technical assistance and repairs that are necessary due to non-observance, direct or indirect, of all the instructions indicated in the installation, use and maintenance manual, technical data sheet and / or safety data sheet are also excluded from guarantee services. . Repairs will take place at the premises that we deem most appropriate, but transport costs will be borne by the purchaser.
Should they become necessary, at our sole discretion or on the customer’s explicit request, repairs or warranty replacements at locations other than ours will be charged on the invoice:
1) The cost of travel (in the days and working hours) equal to € / hour 35.00 + VAT per work unit, calculated from the time of departure until the return to our staff;
2) The cost of transfer of road personnel on account of € 0.520 / Km + VAT or at cost if by other means ;
Outside the warranty terms, assistance will be explained by charging for labor, parts replaced and transport. The replacement of the equipment and the extension of the warranty following intervention on “failure” is excluded.
In case of repair and / or replacement of components at our factory, the products under repair will be transported by the customer.
For the correct functioning of plants and machinery, with the intent of preserving them and in order to optimize processes and results, we strongly recommend the stipulation of a:
MAINTENANCE AND MAINTENANCE ASSISTANCE CONTRACT
This contract will have the effect of:
1) Get qualified technical assistance and extend equipment life and improve the process.
2) Increase the warranty time.
3) Set the travel time per work unit and the staff transfer costs to zero. (*)
(*) (when the call was justified by actual problems encountered during the intervention).
13. THIRD PARTY CIVIL LIABILITY
Ecosistemi Srl declines all responsibility for damage to persons and things arising from the use of its products, made or marketed by it, as not used under its supervision and also due to negligence, inexperience, imprudence in use, maintenance, management of machines and / or products and / or equipment supplied.
14. RESPONSIBILITY OF THE BUYER:
It is the buyer’s duty to perform the sefollowing checks:
1) Upon receipt of the goods and before issuing a release to the carrier:
a) ascertain the type and number of packages that must comply with the indications in the delivery note or substitute document
b) ascertain the external conditions of the packages, with particular attention to signs of possible tampering and / or impact that could have compromised the quality or integrity of the contained product. In the case of irregularities, the relative observations on the documents accompanying the consignment must be made. These observations must be countersigned by the delivery driver. This circumstance must always and immediately be communicated immediately to Ecosistemi Srl, but any compensation for damages to the game must always be promoted by the purchaser towards the carrier.
2) No later than eight days from the delivery date:
a) carry out a quality control to be carried out according to official methods of literature on the subject or those possibly indicated in the attached technical literature (manual, data sheet, safety data sheet) that accompanies the product; will mean goods that do not conform to those for which the checks carried out will determine divergent values ??with respect to the specifications resulting as a result of quality control according to the above parameters that the buyer must have previously examined in any operation.
Each return must be previously authorized by the sales office that made the sale. This authorization must be strictly indicated on the accompanying documentation, together with the details of the sales documents (number and date of the transport document and the relative invoice). By prior agreement with Ecosistemi Srl, the purchaser may return the resulting unused or incorrectly ordered material, exclusively to the following conditions:
- Written request for return authorization.
- Integrity of the sold product that must be free of any defect and / or possible tampering.
- Transport costs borne by the buyer.
- Return within and no later than thirty days from the date of delivery.
Given that these conditions are fully respected, it is the responsibility of Ecosistemi Srl to proceed to the credit note in the amount of 85% of the value of the goods at the time of purchase.
Should Ecosistemi Srl be held responsible for the incorrect delivery of the goods, the return of the consignment must be by means of a carrier contracted with the seller, otherwise the material will not be accepted.
Any complaints must be made within 8 days from the date of delivery of the goods.
17. PROPERTY RESERVE AND RETENTION RIGHT
The sale of goods is in installments, subject to ownership (Article 1523 of the civil code); the machines, tools, products and any accessories therefore remain the property of Ecosistemi Srl until payment of the agreed price that the buyer undertakes to pay according to the agreed installments in writing. The parties agree that possession is transferred upon delivery of the ordered goods with the relative full risk assumption by the buyer, but the ownership of the asset in question will be acquired by the latter only with the payment of the last installment of the price . For the enforceability to third parties of the right to reserve ownership, pursuant to Legislative Decree 231 of 9 October 2002 implementing Directive 2000/35 / EC, the clause will be confirmed in the individual invoices issued for the supply of goods sold and in case of non-payment within the agreed terms, the contract (if any) will be registered at the Registry of the Court where the equipment will be installed or the products sold. In the event that the machinery is held in real estate owned by the purchaser, he undertakes to communicate the existence of mortgages on the same, both before and after the present order, obliging himself, in any case, not to drop the machinery in the object of the mortgage.
If any machine, tool, accessory is entrusted to Ecosistemi Srl for repair, the right of retention will be exercised (Article 2756 c.c.) until payment of the service as agreed.
18. CONTRACT RESOLUTION
In the event that the customer and / or the buyer intends to cancel the order and then terminate the negotiation relationship, the same will be required to pay, in any case, 15% of the value of the order of the goods as compensation; to return the goods (or part of it), possibly already delivered, in optimal conditions (as above best specified), except for the right of Ecosistemi Srl to demand the forced fulfillment of the obligation.
19. JURISDICTION AND OFFICIAL LANGUAGE
For any disputes arising from the relationships between Ecosistemi Srl and its customers, notwithstanding the rules of civil procedural law governing the territorial jurisdiction, the parties agree that the only competent forum will be that of Lecce.
The only official language of reference in which to be able to assert claims and / or obligations of any kind or nature, is Italian.
The Company Ecosistemi Srl reserves the right to suspend any type of supply of products and / or services if, at the expense of the buyer, there are unpaid for any reason and referring to any type of relationship established.
This must be accepted in full. Any changes to this must be established in writing and agreed in advance.
Revision 02 of 17 December 2014