Sales Terms Conditions
These terms and conditions of supply (the “Terms”) govern all terms and conditions of the supply of products by Linari Engineering s.r.l. (“Linari Engineering” or “Supplier”) to the person specified in the order (the “Customer”), unless otherwise agreed to in writing between the parties. Any exceptions or changes to these Terms will be effective only if expressly accepted in writing by Linari Engineering.This agreement shall be governed by and construed in accordance with Italian law. All disputes arising or relating to this contract shall be resolved exclusively by the competent court of Pisa.
Nullity, additions and amendments.The invalidity or ineffectiveness of any provision of this contract will result in the invalidity and / or the ineffectiveness of the remaining provisions of the contract.Changes to this contract must be agreed to in writing and signed by both parties in order to be valid and effective.
SCOPE OF DELIVERY
The products to be supplied are specified in the order issued by Linari Engineering s.r.l.
The supply also includes the Supplier’s standard technical documentation such as the user manual and installation instructions. Documents received by the Customer shall not, without the prior written consent of the Supplier, be used for purposes other than the installation, use or maintenance of products.
Customer orders must reach Linari Engineering in writing, be duly signed by the customer for acceptance and, if requested, together with the goods payment; orders are considered valid if received via email at the following address: firstname.lastname@example.org. Verbal orders are not accepted. We accept orders with split deliveries with a commitment to collect the orders within a maximum period of 3 (three) months from the date of order. The minimum amount for orders with split delivery is 6,000.00 Euro. The individual collections of these orders shall not have an amount lower than 2,000.00 Euro. The quantities ordered for each product must be multiples of the amounts sated in the “minimum package” contained in the Linari Engineering Order Confirmation (Sales Order).
The customer’s order is deemed accepted only after the issuance of the Order Confirmation (Sales Order) by Linari Engineering and the fulfillment of the conditions indicated therein.The order confirmation must be in writing; it shall be considered valid if sent by email to the address duly notified by the Customer.
All prices are in Euro, excluding VAT. The prices are subject to change by Linari Engineering, without the obligation of informing the Customer.Prices do not include all other taxes, charges and fees that must be paid in the Country where the products will be imported and installed/used, which remain the sole responsibility of the Customer. In the event that the Supplier should proceed to the payment of any of the above taxes, levies, fees and expenses, the same will be added to the invoice as a separate item and the Customer shall reimburse the Supplier.If provided by Linari Engineering, shipping costs are charged to Customers.
Unless otherwise specified in writing, the offers are valid for 30 calendar days from date of issue.
PAYMENTS AND TERMINATION CLAUSE
Payments shall be made as specified in individual orders. If the Customer does not pay the price within 90 days from the invoice date, the supply contract shall be deemed rescinded pursuant to and for the purposes of Article 1456 of the Civil Code. If the payments are not made on time, Linari Engineering reserves the right to charge interest on arrears at the rate of interest provided for in Article 5 of Legislative Decree No. 231 dated 9 October 2002 in force, subject to the right of Linari Engineering to claim compensation for any further damage, and the reimbursement of any costs or expenses incurred for the recovery of their claims, including legal fees. In this case, all sums owed to Linari Engineering by the Customer at the time, even in relation to other supplies, will become immediately due and payable in full, and for this purpose any deferred payments granted by Linari Engineering shall be deemed revoked.
Delivery terms listed in the Linari Engineering order confirmation may be subject to delays beyond the control of Linari Engineering. Linari Engineering is not in any way responsible for delays in delivery due to force majeure, as further set out in the “Force Majeure” article. Any delay, even if caused by Linari Engineering, does not constitute grounds for cancellation of the order by the Customer.If the delivery of the products (or rather the collection of the same by the Customer) is delayed, due to reasons attributable to the Customer or any third party subject to the control of the Customer, the Customer shall reimburse the Supplier against all damages, costs and expenses suffered and incurred by the Supplier by reason of the delay.
The standard packaging of the products is included in the price. Any special packaging requested in writing by the Customer will be billed at cost.
RETURN & REFUND POLICY
All returns must be authorized in advance by the Linari Engineering Sales Office (email@example.com).
The acceptance of returns is subject to final decision of Linari Engineering and is in any case conditional upon fulfillment of the following requirements:
- product delivered to the customer maximum within 8 working days;
- unopened original packaging;
- model in current production;
- return prepaid delivery.
An amount equal to at least 10% of the invoice price will be deducted for returned products for reasons not attributable to Linari Engineering. Products returned that are not accompanied by an authorized and complete acceptance form will not be accepted and will be returned to the sender with the charging of costs.
TRANSFER OF OWNERSHIP
Prices shown refer to the goods delivered ex works to the Supplier’s premises in the Operational headquarters of Pisa. The Customer acquires ownership of the goods when he collects them from the Linari Engineering factory or, in case of delivery to the Customer’s address, when the goods are delivered to the courier.The risk of loss and/or damage to the goods remains with the Customer even when the products are delivered duty unpaid, it being agreed that each delivery is assigned, on behalf of the Customer, to the courier and that, therefore, Linari Engineering is exempt from any liability with the delivery of the same to the courier or to the Customer in the event that the goods are collected personally or through a representative.In the event of non-payment within and according to the terms agreed to with the Customer, Linari Engineering shall be entitled to rely on, at its sole discretion, the termination clause set forth in the following article “Payments and Cancellation Clause ” or any other remedy provided for by law, including the compulsory enforcement or the repossession pursuant to Article 1519 of the Italy’s Civil Code of Law (Codice Civile). If it is necessary to allow Linari Engineering to exercise and protect its rights, the Customer will allow Linari Engineering, its employees and agents to access its premises, only to proceed with the collection of the unpaid products. It is also understood that Linari Engineering will always have the right to seek full compensation for any damage suffered as a result of the Customer’s infringement.
Linari Engineering is liable for any lack of conformity which exists at the date of delivery of the products with the consequent restoration of conformity without expenses through the repair and/or replacement within a reasonable time of the request and the burden of proving the existence of the defect at the time of delivery of the products is the responsibility of the Customer. The products are guaranteed against manufacturing or material defects detected within twelve months from the date of delivery of the product for which the warranty is activated. The warranty is limited to repair of the defective product at the Linari Engineering laboratories or, based on the discretion of Linari Engineering, the replacement of the same. The return of products under warranty must be agreed to with the Technical Office in Pisa by contacting the email address firstname.lastname@example.org. All material to be repaired must be accompanied by the details of the fault. Materials that do not work, even if under warranty, must be sent by following the procedure relating to the goods to be repaired.The Customer shall notify the Supplier promptly and in writing of any defect as soon as the defect is discovered. The notice shall include a detailed description of the problem. In the event that the customer fails to notify the Supplier within the warranty period referred to in the previous paragraph, the Customer will not have the possibility to exercise any right or warranty with respect to any product defects and/or faults.This warranty is subject to the condition that the products are used, operated and maintained properly and in accordance with the instructions of the Supplier and the specific conditions of use of the products.Even in case of free repair or replacement, Linari Engineering declines all liability arising from disputes for loss of profit or damage to persons or property arising from the use, correct or not, of its products.The warranty referred to in this article is the sole and exclusive guarantee given by the Supplier to the Customer in relation to the products and is in lieu of and excludes all other warranties, express or implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, except those provisions which by law can not be repealed.
All repairs must be agreed with the Linari Engineering Technical Directorate by contacting email@example.com . All material for repair must be accompanied by an indication of the fault detected. Otherwise the goods will not be accepted.Repairs not covered by warranty on goods with a price lower than 300.00 Euro will not be carried out since it is not economically convenient for the Customer.Repaired products will be shipped to Customers always at Customers’ expenses, prepaid shipping or preferred delivery service.
Any complaint must be in writing and sent to Linari Engineering by registered letter within eight days from receipt of goods to the following address:Linari Engineering SrlVia Umberto Forti 24/1456021 Pisa, ItalyFax: +39 050 9655139Minor defects can not prevent the acceptance of products. The defects will have to be accurately listed and described, and the Supplier shall remedy without undue delay.
Either party shall be entitled to suspend performance of its contractual obligations to the extent that such performance is prevented by circumstances beyond its control, including, but not limited to, war, revolution, national strikes, lack or restrictions in the supply of electricity, fuel, transport, transportation, or other goods or services, natural disasters, government decrees, prohibitions, import / export, fires, explosions, floods, sabotage, social unrest, riots, breakage or loss during transport or storage and delivery delays by subcontractors (if due to force majeure as defined herein).
LIMITATIONS OF USE
The products of Linari Engineering have not been tested for applications in the medical field or for use in conjunction with medical-surgical devices of any kind and nature. Likewise, the products of Linari Engineering have not been tested for application in the context of nuclear activities or in the aeronautical field. Therefore, Linari Engineering products should not be used in these areas, for which Linari Engineering assumes no liability for malfunctions and/or damage to persons or property.
PROCESSING OF PERSONAL DATA
For any further information in this regard please contact the email address firstname.lastname@example.org.
Re-EXPORTATION OF LINARI PRODUCTS
Some products are subject to export control rules. The Customer undertakes to learn about , by contacting Linari Engineering and other sources, relevant constraints of exportability to States subject to these rules.