General Sales Conditions
Commercial Terms
Unless otherwise specified in quotes and order confirmations, the Company will apply the following general sales conditions to all its supplies. The commercial relationship, through the acceptance of these general conditions, which are an integral part of every order, will be regulated by the provisions set forth below, without the need for further subscriptions.
1 – PRICES
The prices of the goods are mentioned in the price list in force at the time of delivery unless otherwise agreed in writing. Offers are valid with prices reported indicated for the mentioned period and are to intended as VAT excluded, EXW.
2 – ORDERS
Orders must be placed in writing, by email. In case of orders passed on the phone, the Company does not take any responsibility for any errors occurred. The information contained in our catalogues or advertising materials, such as technical characteristics of products or components, dimensions, assembly diagrams, colours, etc., are intended only for indicative purposes, due to the technical specifications and technological development of the products. Binding data will be provided upon specific request. In order to improve product quality, the Company reserves the right to modify it without prior notice, even after order acceptance.
3 – SHIPPING COSTS
Shipping costs are entirely at purchaser expenses.
4 – MODIFICATIONS AND CANCELLATION OF ORDERS
The Company reserves the right to accept order modifications or cancellations after evaluation of the progress of the order. Any modification or cancellation that hasn’t been communicated in writing will not be accepted.
Orders for products with dimensions exceeding the parameters recommended by the company will be processed only in presence of a letter countersigned by the customer, that releases Officine Rami Srl from any form of liability over time for anomalies, malfunctions, and product breakdowns.
5 – DELIVERY METHODS
The Company will arrange for the delivery using a partner transporter or directly, should the destination be served by the company's delivery service.
. Different delivery methods, including partial ones, must be communicated by the customer to the Company at the time of order transmission.
6 – WARRANTY ON FINISHED PRODUCTS
Unless otherwise agreed, the Company's products are covered by the warranty enforced by the law from the date of delivery.
The warranty is intended as free of charge replacement and/or repair of parts presenting manufacturing defects. The warranty does not cover replacement of materials worn by weather agents or damaged by third parties.
The warranty is excluded in case of following scenarios: damages during transportation, poor storage, tampering, issues linked with incorrect assembly, misuse, exceeding of performance limits, as well as for all other causes not directly ascribed to the Company and in case incorrect or incomplete information provided during the order formulation by the customer caused such inconveniences.
The warranty automatically expires when, without the supplier's consent, repairs or changes of any kind are made. The warranty terms are undoubtedly binding and are in force even if the material is not used. Should the material be judged as defective, it must be sent, after due notification to the Company, at the customer’s expense, whereas the replaced material will remain the property of the Company.
The warranty lasts 12 months for sales to professional operators (B2B sales).
7 – RETURNS AND WARRANTY REPAIRS
All products are presumably accepted at the time of delivery, except for the buyer's right to report any defects or non-conformities. Such reports must be submitted IN WRITTEN FORM and contain detailed reasons.
Claims must be transmitted within 8 (eight) days of delivery. The "at-free-will" withdrawal is not allowed. The notified goods must be returned within 7 working days from the date of the receipt of the notification by the Company. The returned goods must be packaged with the maximum care, taking all necessary precautions to prevent damage during transportation. The returned goods will be inspected by the Company to verify the truthfulness of the reported non-conformity, and the Company will replace the faulty products or issue a refund in case of a valid claim. In case of false claims, the buyer will be charged for all costs.
The repair request under warranty must be authorized by Officine Rami. In this case, the returned items will be carefully inspected, and, depending on the circumstances, they will be repaired, replaced, or refunded. However, for out-of-warranty repairs, a cost estimate will be previously provided to the customer. In all cases, the costs associated with disassembly and reassembly, labour hours, travel hours, transport charges, and any other direct or indirect compensation will be excluded from any refund.
8 – PAYMENT TERMS
Payment must be made according to the terms and methods specified on the invoice. Payments must be made by bank transfer, cashier's check, bank check, or cash within the limits imposed by the legislations in force.
The goods remain exclusive property of the selling company until full and final payment is made in accordance with article 1523 of the Italian Civil Code and the article of the Legislative Decree 231/02. Payment cannot be suspended or delayed for any reason. In case of delayed payment or non-payment, the expenses for the management of non-paid invoices will be charged in addition to bank charges, as well as late payment interests at the legal reference rate increased by 8 points, within the threshold rates set forth by Law 108/96. In case of delayed payments or non-payment, the selling company reserves the right to cancel or suspend following deliveries (as regulated in Article 1460 of the Civil Code) and to demand the immediate payment of the outstanding amount.
9 – DAMAGES COMPENSATION
For production errors, faulty items or malfunction in relation to the agreed intended use, and upon verification of the effective responsibility of the company for such non-conformities, there will be compensation only for the new production and delivery of the same quantity and quality (type and kind) of the goods, free from any defects and in perfect working order.
Other costs, such as disassembly, reassembly, labour hours, travel hours, transport fees, as well as any other direct or indirect claims, are therefore excluded.
1O - INTELLECTUAL AND INDUSTRIAL PROPERTY
The Company is owner of all rights of contents (texts, images, technical sheets, etc.) that appear on printed materials and website. These contents may only be used by third parties upon written consent, and their communication or use under these sales conditions does not create any rights or claims for the customer. The customer shall refrain from using and registering similar trademarks and/or trademarks that may be confused for the Company’s trademark, and will be allowed to use them exclusively in accordance with Officine Rami Srl's prescriptions and following the purposes of these sales conditions. The customer is not authorized to allow its customers or anyone else to use the Company's trademark in any way. The customer shall immediately report to the Company any abuse or unauthorized use of the trademarks that come to its attention.
11 - AUTHORIZATION FOR THE USE OF TRADEMARKS
The customer is authorized to use the trademarks only in connection with the promotion and sale of authorized products. The customer may, if approved by the Company, add their own trademark, but is strictly prohibited to remove the Company's commercial symbols. The customer must adhere to all the clauses in this document, as well as to all the rules, standards, or general track lines periodically communicated by the Company for the display and use of the trademarks and commits to transfer these conditions to users of the company's products. The customer is not authorized to allow its customers or anyone else to use the Company's trademark in any way. The customer shall immediately report to the Company any abuse or unauthorized use of the trademarks that comes to their attention.
12 - CHANGE IN THE CUSTOMER'S FINANCIAL CONDITIONS
Officine Rami Srl shall have the right to suspend the performance of obligations arising from the sale of products, pursuant to Article 1461 of the Civil Code, in the event that the customer's financial conditions become such as to seriously jeopardize the achievement of the consideration, unless adequate security is provided.
13 - PRIVACY PROTECTION
INFORMATION PURSUANT TO ARTICLES 13 AND 14 OF EU REGULATION 2016/679 (SUMMARY) The processing of personal data collected for commercial related purposes, the maintenance of customer/supplier accounts, internal statistical purposes, market research, and for commercial communications is carried out by means of manual, computer, and telematic tools, in a way that is strictly related to the purposes and in any case in such a way as to guarantee the security and confidentiality of the data in compliance with current regulations. Personal data will be kept as long as necessary for the achievement of the purposes for which they were collected. Personal data will be communicated for the performance of commercial, administrative, and accounting activities within the Company and to individuals who carry out specific tasks related to the fulfillment of administrative, accounting, and management obligations related to the ordinary conduct of our economic activity. The data processing controller is the Company. You have the right to access, rectify, erase, limit the processing of your data, or object to their use. Providing personal data for the processing in question is mandatory to the extent necessary and only for the purpose of selling goods and services requested and related administrative, accounting, and tax activities, while it is optional for the purpose of sending commercial promotions.
14 - DISPUTES
For any dispute coming from the interpretation or execution of the above clauses, the parties mutually agree to exclusively and selectively refer to the court of Mantova, even in the case of a connection. The company reserves the right to make partial or total changes to the products without notice, declining all responsibility for any inaccurate data.