This document sets the general sales conditions that regulate the relationship between AVE Spa and its own customers here below referred to as Buyer. Any questions not mentioned 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 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 is obligated to inform its own buyers of the conservation methods of the materials supplied by the company AVE S.p.A.
The Buyer is obligated to sell the material in the original packaging without damaging it or, if this is not the case, to transmit to its own buyers the instructions that accompany the products by the supplier AVE S.p.A. These instructions can be found also in catalogues, technical sheets, leaflets, inserts and on the company website (www.ave.it). The Buyer, in case of sales of AVE products in EU countries, is committed to ensure that the product instructions sheets in the AVE packaging, are available in the specific language of the destination country. Should they not be available, the Buyer undertakes to ask AVE for the integration of the instructions sheets to include the said required language and/or symbols necessary for the export of goods or the Buyer commits himself to provide for them.
If the Buyer opens the packaging before selling the products, it must make sure of the apparent integrity of the same products. In case of doubt, the products must not be sold.
AVE S.p.A. products are made to be installed. Products and accessories must be installed by qualified personnel. The products must be installed and used for their designated purpose and in conformity with the applicable standards for the various types of plants and also considering the catalogues specifications, the instruction sheets and the information published on the company website. Anyway, before using the installed products, it is necessary to have the entire plant tested by specialised personnel, to verify functionality and observance of the safety standards according to the laws in force.
AVE S.p.A. reserves the right to make changes and improvements to products illustrated in the catalogue and available in the price list, without giving prior notice, as a consequence of the constant updating process of production, technology and standards. On request, product sheets or other equivalent documentation is always available at the AVE S.p.A Technical Assistance Office. We recommend to consult the company website for updated information and confirmation of data (www.ave.it).
When submitting a purchase order (in any form), the Buyer accepts all the sales conditions in this document and waives its own general purchase 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. The order is not binding for the supplier company AVE S.p.A., which is free to decide whether to accept it or not, by sending a written order confirmation within and not later than 5 working days. Cancellations of orders will not be accepted unless previously agreed on, in any case, AVE S.p.A. can ask for payment of any costs related to the said cancellation. The price list includes the cost of the packaging in standard boxes. Quantities of each item 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 listed 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).
4) RESPONSIBILITY, DELIVERY AND RISKS
AVE S.p.A. is exonerated from all responsibility for delays that do not depend on its own malice or negligence.
Delivery terms, except if otherwise agreed, are indicative and not binding. If the execution of the order is obstructed by force majeure, irregular raw material supplies 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 forwarder and/or carrier. From the moment the goods are handed over to the carrier and/or the forwarder, AVE S.p.A. is discharged from all risk and responsibility related to events of any nature that could happen during transport, and this is also valid for goods sold with carriage at AVE S.p.A. care.
The Buyer 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 reserves by written communication. AVE S.p.A will reject any complaint about the number and status of the packages if the Buyer fails to express the same complaint in writing to the carrier at the time of goods acceptance, and if the said complaint is not sent to AVE S.p.A. within 8 (eight) days from receiving the goods.
5) WARNINGS, GUARANTEES AND COMPLAINTS
AVE guarantee on its own products is in conformity with the Civil Code and the Legislative Decree 6 September 2005 no. 206 (Consumers' Code).
Being understood what mentioned above, AVE S.p.A. guarantees the good functioning of its own products against defects and lack of quality imputable to the manufacturer for a period of 5 years, except for all products of the Green and Light Blue divisions of the catalogue valid at the time of order (such as Security products – anti-intrusion series/systems, fire detection series/systems, technical alarm series/systems, sound diffusion series/systems, emergency equipment ; Domina division products - home automation and hotel management series/systems ; Ventilation products - fans and devices for the controlled mechanical ventilation). For these categories of products, the guarantee follows the regulations of the Civil Code and the Legislative Decree 6 September 2005 no. 206 (Consumer Code).
The 5-year guarantee is valid from the production time of the item evidenced by the indication of the productive lot on the said product or, in case of lack of the said information, from the date of product delivery by AVE S.p.A., attested by a valid purchase document (fiscal receipt, cash register receipt, or similar).
Any claim about the 5-years guarantee must be done by writing within 1 month starting from the date when the defect or lack of quality is found.
The Buyer is not covered by the guarantee, except in 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 in case the goods should be already installed, if 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 the current applicable technical regulations.
In any case, AVE S.p.A. will not be held responsible for defects or faults that are not a result of its own work.
No returns of goods are permitted without previous written approval by 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 included 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 original packaging.
Goods returned under guarantee: any requests to return products during the guarantee period for presumed defects or non conformities must be previously authorised by an AVE S.p.A. officer or agent. If the non conformity is proved and AVE S.p.A is responsible, the returned products will be replaced with equal or equivalent products.
Goods returned for commercial reasons: except for what has been specified above, we will consider only written requests for products included in the current price list in good conditions and with undamaged packaging. Any agreed return will be subject to a valorisation that is inferior to the purchase price and an additional 10% minimum reduction will be applied for expenses due checking, testing and warehouse activities.
In case of 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), Italy.
7) PAYMENTS AND INTEREST
Payments of invoices must be made on time, in compliance with the established due dates and for the agreed amount. Delays in payment, full or partial, of invoices after the agreed due date will immediately cause the starting of interests calculation as indicated in the Legislative Decree 231 of 09/10/02. In case of payment default, full or partial, AVE S.p.A has the faculty to suspend supplies of materials and any payment of bonus or year-end discounts. If a "cash discount" was agreed on with a Buyer, it loses its validity if the invoices are not paid punctually and the Buyer is required to reimburse the discount.
Ave S.p.A. (Data Controller) informs the esteemed Customers that your personal data, identified as personal data on the basis of the laws in force, is processed in order to manage properly the contractual relationship and to fulfil every type of obligation provided by laws. Data is processed for the purposes specified above pursuant to art. 6, paragraph 1/ a (consent), 1/b (execution of pre-contractual and contractual obligations), 1/c (fulfilment of legal obligations), 1/f (legitimate consent) of EU Reg. 2016/679.
CATEGORIES OF PERSONAL DATA: The data collected and subject to processing are identification, personal or commercial (for example name, address, email, telephone number and/or fax). Ave does not collect sensitive and judicial data.
LEGITIMATE INTERESTS OF THE DATA CONTROLLER: Processing your personal data is necessary for the purposes referred to above. In particular, processing your personal data for contractual and IT security purposes is in the legitimate interests of Ave S.p.A.. Your data will be processed using manual, IT and telematic tools in order to guarantee the security and confidentiality of your personal data, preventing its loss, illicit or incorrect use, and any unauthorised access to the same. The only parties entitled to access your data are the appointed Data Processors and Data Delegates.
DATA RECIPIENTS: Your personal data will not be disseminated, but they may be shared with parties acting as Data Processors and Data Delegates. Said data may be disclosed to third parties only where required to fulfil obligations under the law or to protect the contractual rights of Ave S.p.A..
DATA STORAGE PERIOD: Your personal data will be processed using manual, IT and telematics tools and will be stored for the time required to concretely pursue and achieve the purposes described above, unless a longer period is required or allowed by law.
RIGHTS OF THE DATA SUBJECT: You, as Data Subject: 1) are entitled at any time to know whether any of your personal data is being processed, and if it is, to request and obtain access to your personal data and to information on the data processing purposes, to the categories of data processed, to the data recipients, to the data storage period, and to the data origin , and to request a copy of same (art. 15, EU Reg.); 2) are entitled at any time to request the amendment and/or integration of personal data (art. 16, EU Reg.) or their cancellation (art. 17, EU Reg.), or to restrict its processing (art. 18, EU Reg.); 3) are entitled to data portability (art. 20, EU Reg.); 4) are entitled to object to their processing (art. 21, EU Reg.); 5) are entitled to invoke a complaint to the competent control authority (Italian Data Protection Authority), should you feel that your personal data have been processed in violation of the current law.
Requests should be addressed in writing and sent, either by post to Ave S.p.A., Via Mazzini 75, 25086 Rezzato (Brescia), Italy to the attention of the Legal Representative - or by email to email@example.com.
9) APPLICABLE LAW AND COMPETENT COURT
The rights and obligations of the parties are regulated by the Italian law. The Courts of Brescia has exclusive jurisdiction over every controversy.
rev. Jun 2018