The Buyer (Client) accepts the sales conditions, even if not explicitly declared at the moment the order is placed. All questions not covered specifically in these conditions are regulated by normal procedures in the sector, standards in the ANIE agreements and the Italian Civil Code.
1) GENERAL INFORMATION
The Buyer (Client) is obligated to manage packaging with care and keep the material in an appropriate manner, in environments without humidity, and with a temperature not lower than - 5 °C and not higher than + 40 °C.
The Buyer (Client) is obligated to inform its own buyers of the methods of conservation of the materials supplied by the company AVE S.p.A.
The Buyer (Client) is obligated to sell the material in the original packaging without damaging said packaging or, if this is not the case, to transmit to its own buyers the instructions that accompany products from the supplier AVE S.p.A. These instructions are also in catalogues, technical sheets, brochures, inserts, and on the company website (www.ave.it). The Buyer, in the case of AVE product sales in EU countries, is committed to ensure that the product instructions sheets present in AVE packaging, provide for the specific language of the destination country. In case this is not done, the Buyer undertakes to ask AVE for the integration of the product instructions sheets so that the required language for the export of goods is inserted. If the Buyer (Client) opens the packaging before selling the product, it must make sure that the packaging appears integral. If this is not discernible, do not use the device and contact professionally qualified personnel.
AVE S.p.A. products must be installed. Products and accessories must be installed by qualified personnel. The products must be installed and used for their designated purpose and in compliance with applicable standards for the various types of plants, and also in consideration of specifications in the catalogue and the instruction sheets. At any rate, before using the installed products, it is necessary to have the entire plant tested by specialised personnel, to verify functionality and observance of safety standards and prescriptions in current laws.
The AVE S.p.A. company reserves the right to make changes and improvements to products illustrated in the catalogue and present on the price list, without giving prior notice, as a consequence of the constant process of production, technology and legal updates. On request, product sheets or other equivalent documentation is always available at the AVE S.p.A Technical Assistance office. We advise consulting the company website for current information and confirmation of data (www.ave.it).
When an order of any type is submitted, the Buyer (Client) accepts all the sales conditions in this document, and waives any personal general sales conditions, unless there is a special agreement specifically accepted in writing by the supplier company AVE S.p.A. The purchase order is binding for the Buyer (Client). The order is not binding for the supplier company AVE S.p.A., which is free to decide whether or not to accept it. Cancellations of orders will not be accepted unless previously agreed on, and at any rate, AVE S.p.A. can demand payment for any costs of said cancellation. The price list includes the cost of the packaging in standard boxes. The minimum purchase amount must be 500€. AVE accepts orders lower than € 500 with the lump application of an administration fee of € 5. For particular packaging, also for cases in which the goods are sold carriage free, the Buyer (Client) is responsible for the cost and it will be charged on the invoice. Quantities of individual items ordered must conform to those indicated in the price list; if there are differences, AVE S.p.A. reserves the right to round the quantity up to comply with standard quantity requirements.
AVE S.p.A. reserves the right to change prices when the order is recorded to adjust costs. The prices are those in the AVE S.p.A. price list that is valid at the time of delivery, without VAT. Prices are Ex-Works AVE S.p.A. warehouse in Rezzato (BS).
AVE S.p.A. is exonerated from all responsibility for delays that do not depend on malice or negligence.
5) DELIVERY AND RISKS
Delivery terms, except for an explicit agreement in another direction, are indicative and not binding. If the execution of the order is impeded by force majeure, irregular supplies of raw materials or other unforeseeable circumstances, delivery terms are understood to be extended and both parties shall agree on new terms.
Delivery is considered completed when the products are handed over to the shipper and/or carrier. From the moment the goods are handed over to the carrier and/or shipper, AVE S.p.A. is freed from all risk and responsibility related to events of any nature that could happen during transport, and this is also true for goods sold carriage free.
The Buyer (Client) must verify, in its own interest, the quantity and conditions of the goods before accepting them and if there is a difference, the carrier must be informed of reservations. AVE S.p.A will reject any complaint about the number and status of the packages if the Buyer (Client) fails to express the same complaint in writing to the carrier at the time of acceptance of the goods, and if said complaint is not sent to AVE S.p.A. within eight (8) days from receiving the goods.
6) WARNINGS, GUARANTEES AND COMPLAINTS
The guarantee on products for the final consumer must be understood as a conventional guarantee pursuant to article 133 of the Legislative Decree 6 Sept 2005 n. 206 (Consumers' Code). The consumer can exercise his/her rights with regard to the seller, at the conditions and terms present in the aforementioned law and this conventional guarantee.
AVE S.p.A. guarantees the good functioning of its own products for flaws and lack of quality attributable to the manufacturer for a period of 5 years, except for all products of the Green division of the catalogue that is valid at the time the order is placed, such as Security products (anti.intrusion series/systems, fire detection series/systems, technical alarm series/systems, sound diffusion series/systems, emergency equipment) and Domina division products (home automation and hotel management series/systems) which all have a 2-year guarantee. If the product belongs to the Green division and other divisions in the catalogue at the time of the order, the product guarantee is 2 years in any case.
The 5-year guarantee is intended from the moment of delivery of the product by AVE S.p.A., attested by a accepted purchase document (fiscal receipt, cash register receipt, or similar) that shows the name of the seller and the date in which the sale was finalised. As regards products in the Green division, the 2-year guarantee starts on the installation date, which must be attested by an accepted purchase document made out to the person/entity for whom the product/system was installed. If this document is missing, the guarantee starts on the date the product was made.
The Buyer (Client) is not covered by the 2- or 5-year guarantee, except for a case of malice or negligence of AVE S.p.A., if it fails to provide proof to have stored the goods according to instructions in point 1) or if the goods are already installed, it fails to provide proof that the installation was done in compliance with current laws and the
D.P.R. n. 224/88 and according to current applicable technical regulations. In any case, AVE S.p.A. will not be held responsible for flaws or defects that are not a result of their own work. Any complaint for flaws or defects in quality, apparent flaws or defects that are easily seen, as well as differing quantities, must be made in writing no later than 8 (eight) days from when the goods were received. Any complaint for hidden defects must be made in writing within 2 months from the date of the discovery. For a defect in conformity of products sold, the consumer can request the repair or substitution of the products. If the remedy required should prove to be, pursuant to art. 146 of the Consumers' Code, objectively impossible or excessively costly, AVE S.p.A. will restore conformity with alternative methods.
No returns of goods are permitted without previous written approval from AVE S.p.A. Ave S.p.A will consider only the requests made for goods which have been delivered 24 (twenty-four) months before the request itself. The goods also must be present in the price list of the supplying company AVE S.p.A. at the time of the request, and the products must be packaged in the complete original packaging. Return under guarantee: any requests to return products during the guarantee period for presumed defects or nonconformities must be previously authorised by an agent or executive at Ave S.p.A. If the nonconformity is proved and AVE S.p.A is responsible, the returned products will be replaced with equal or equivalent products. Commercial returns: except for what has been specified above, we will consider only written requests for products present in the current price list in good conditions and with the packaging undamaged. The possible return will be agreed on, subject to a valorisation that is inferior to the purchase price and an additional 10% minimum will be taken off for expenses for the assessment, testing and logistics For authorised returns, the goods must be returned carriage free to the warehouse of the supplier company: AVE S.p.A. Via Mazzini, 75 - 25086 REZZATO (BS).
8) PAYMENTS AND INTEREST
Payments of invoices must be made on time, in compliance with the established due dates and for the amount agreed. Delays in payment, full or partial, of invoices after the agreed due date will immediately cause interest to be calculated as indicated in the Legislative Decree 231 of 09/10/02. Failure to make payment, full or partial, give AVE S.p.A the faculty to suspend supplies of materials and any payment of premiums or year-end discounts. If a "cash discount" was agreed on with a client, it loses all validity if the invoices are not paid punctually and the client is required to reimburse the discount.
Pursuant to art. 10 of the law 196/2003, the Buyer is informed that its personal data will be inserted into the data bank of AVE S.p.A. for the purpose of managing the contractual relationship correctly and to fulfil legal provisions, in addition to commercial, marketing, promotional and credit management purposes.
Personal data are handles by AVE S.p.A. with procedures that guarantee confidentiality. Suitable security measures are adopted to prevent unauthorised access or unlawful modification/dissemination of data: Subjects to whom personal data pertains have the right at any time to obtain a confirmation of the existence or lack thereof of the data, and to learn its content, origin, verify the exactness or ask that it be integrated, updated or rectified (art. 13 of Leg. D. n. 196/2003).
10) APPLICABLE LAW AND COMPETENT COURT
The rights and obligations of the parties are regulated by the Italian law. The Courts of Brescia have exclusive jurisdiction over every controversy.
rev. Feb 2016