GENERAL CONDITIONS OF SALE EcoTech GTS S.r.l.

GENERAL CONDITIONS OF SALE EcoTech GTS S.r.l.

1. IN GENERAL

These general conditions of sale govern the contractual relationship resulting from acceptance by EcoTech GTS S.r.l. (hereinafter "ETG"), with registered office in Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN), registered in the Trento Company Register, no. REA TN- 233045, CF and VAT number 02553340221 of the customer's purchase proposal / order and replace the versions contained in previous catalogs, as well as any other agreement reached between the parties, except as may be agreed in writing and with express reference to these conditions general sales, derogating from the content, on ETG headed paper duly signed by a legal representative of the same. These general conditions of sale were issued in JULY 2019. ETG reserves, however, the right to modify, from time to time, at its sole discretion, its general conditions of sale. The most updated version of the same will in any case be published on the website in the dedicated section. The customer is therefore required to check at the time of sending the proposal / purchase order the text of the general conditions of sale in force, which will be applicable to the contract with ETG in case of acceptance of the proposal / purchase order. All descriptions and illustrations contained in the section of the ETG online catalog (the "Catalog"), or in other ETG commercial documentation, have the sole purpose of providing the customer with a general idea of the products or items and will not form part of the contract between ETG and the customer. These general conditions of sale do not apply to exports of products or items outside the Italian and European territory, for which different contractual conditions are envisaged. Moreover, in the event that the products or articles supplied to the customer in Italy are subsequently exported by them, it will be the customer's responsibility to obtain, at his own expense, all the necessary licenses and authorizations, also complying with the rules relating to exports between Italy. and the country of destination, with particular reference to the regulations for the export of high-tech products.

2. PRICES

The prices shown in the Catalog or on the web portal are exclusive of VAT, which will be applied at the rate in effect on the invoice date. The prices indicated in the Catalog and on the Internet site may vary. In the event that the price of the product or item ordered shown in the ETG price list in force at the time of receipt of the order is different from that indicated by the customer in the order form, ETG will promptly contact the customer, who will have the the right to confirm the purchase order or not. Where prices are not expressly indicated or in the case of supplies relating to items not present in the Catalog, the prices must be specifically agreed and confirmed in writing by ETG before the product is shipped. The prices agreed upon at the time of order confirmation do not include any customs duties charged to the customer.

3. PURCHASE ORDERS

Purchase orders may be sent by the customer in the manner indicated in the introductory pages of the Catalog, or via the Internet. The order will be considered as a contractual proposal, since the Catalog and the display of the products or articles on the virtual showcase of the ETG site have only an informative function and, therefore, an invitation to offer. Unless otherwise indicated as regards the orders transmitted online, the acceptance of ETG may also take place through direct execution of the orders, without the need for a prior formal acceptance of the order.

4. DELIVERIES

The shipping and handling costs of the product are charged to the customer unless otherwise specifically requested by the customer and agreed with ETG. Same-day shipping, regardless of the transport system used and whenever possible, will usually be made only for orders received on working days between 8.00 and 12.00. ETG is usually able to deliver in Italy with average times of 24/48 hours. However, it is understood that the delivery terms must be understood as non-essential. For orders not transmitted online, the relative amount will be communicated by ETG to the customer before shipment, which will take place only after the customer has accepted the new amount within 3 (three) days of ETG's communication. If ETG predicts that it will not be able to comply with the delivery terms indicated, without this involves no liability towards the customer, will communicate the new delivery conditions of the item to the same, who will have to confirm the order, as amended, within 3 (three) days of ETG's communication. Unless otherwise agreed, delivery will be made to the address that the customer has specified in the order.

5. EXAMINATION OF PRODUCTS, DELAYS AND NONDELIVERY

The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to ETG, within 8 (eight) days of delivery, any defects found - or verifiable - at the outcome of this examination, or to propose any other complaint in relation to the products. In the event that the customer does not make the above communication, the items will be considered definitively accepted and compliant with what is requested in the order, without prejudice to the possibility, which can be exercised within and no later than 1 (one) year from delivery, to assert any nonapparent defects, provided that the related report was made within 8 (eight) days of their discovery (in compliance with the provisions of article 1495 of the civil code). It is understood that the customer must refuse the delivery by the carrier of packages with damaged packaging and must, in this regard, immediately inform ETG of the incident; otherwise, the delivered goods will be considered accepted in their entirety in the state in which they are found at that moment. For the purpose of examining the products or articles, the customer acknowledges that ETG is not the author of the software that may be contained therein, nor has it read them. The customer must therefore carry out, under his own exclusive responsibility, before using the product or article, every reasonable check to verify that the software contained in the purchased products make them suitable for use or are not affected by computer viruses or from other defects that may damage the item or goods that come into contact with it.

6. TRANSFER OF RISK AND OWNERSHIP

The ownership of the goods passes to the customer when the goods are delivered to the carrier for delivery at the customer's home or at the address indicated by the customer at the time of the order. The goods travel in any case at the risk and peril of the customer, it being agreed that each shipment is carried out for the specific assignment and account of the customer and that, therefore, ETG is exempt from any responsibility with the delivery of the same to the carrier or to the customer in the event that the latter decides to collect the goods personally or through a person in charge. In the event of non-payment, ETG will have the right to avail itself, at its sole discretion, of the express termination clause referred to in the following section "Payments and Express Termination Clause" or any other remedy provided for by law, including compulsory execution or

repurchase of possession pursuant to article 1519 of the civil code. If necessary to allow ETG to exercise and protect its rights, the customer will allow ETG, its employees and agents, to access its premises, for the sole purpose of collecting unpaid products. However, it is understood that ETG will in any case have the right to request full compensation for any damage suffered as a result of the customer's default.

7. WARRANTY

ETG will replace or repair the products or items supplied, or refund the relative price, if, despite a correct and diligent use by the customer, defects are found, which must be asserted against ETG no later than 12 (twelve) months from the date of delivery, or within that different term from time to time indicated by ETG for specific items, or established by law. The items, or components or parts thereof to which the dispute refers, must be returned to ETG in the period of time referred to in the preceding paragraph, suitably packaged, shipped by the customer and in accordance with the special instructions that ETG has possibly given at the time of supply or subsequently. The returned items, components or parts of them must be accompanied by a note stating the description of the defect, as well as any other information indicated or requested by ETG at the time of supply or subsequently. All products or articles or parts thereof replaced by ETG will become the exclusive property of the same. This guarantee replaces any guarantee or other provision established by law regarding the quality or suitability of the products for specific uses, except for those provisions which by law cannot be waived.

8. EFFECTIVENESS OF THE WARRANTY / EXCLUSIONS

ETG guarantees the quality and proper functioning of its Products and is therefore responsible for the elimination of any defects related to material or construction defects. The Warranty is carried out with the repair or replacement of defective items or defective parts or the entire product, at the discretion of ETG. In the event of repair or replacement of the product or part of it, the term of the warranty does not change. In the case of purchases for business or professional activities (sales with invoice or VAT number) the warranty has a duration of 12 months; in case of purchase by an end user (consumer), the Warranty has a duration of 24 months from the documented purchase date; ETG may grant conventional guarantees of different duration on some specific items. No guarantee is given for damage to parts subject to normal wear or for damage or defects caused by tampering, improper use and / or maintenance. The Warranty does not include interventions on the pneumatic, hydraulic, electrical system or other accessory parts not supplied by ETG. The Warranty can be enforced as follows: by sending ETG a report on the damage found; this report must be sent within 8 days from the discovery of the malfunction and within the Warranty period; if deemed necessary by ETG, sending the product free at the ETG headquarters in Predaia (TN), subject to authorization for the return; providing ETG with a copy of the documents proving the purchase of the product and in which the model and serial number of the product can be clearly and unambiguously identified. The Customer is not authorized, except with the specific written authorization of ETG, to intervene on the Product in the event of malfunctions or in the presence of defective elements; intervention in the absence of authorization involves, as a consequence, the forfeiture of the Guarantee. It is expressly agreed between the Parties that the obligation of intervention and the supply of spare parts by ETG during the warranty period refers exclusively to products that are sold and installed on the Italian territory. Consequently, any form of intervention under ETG Guarantee is excluded for products sold in Italy that are subsequently exported or resold to foreign third parties or at production sites of Italian companies abroad. In such cases, in the presence of non-conformity of the product that requires repair of the product at the ETG headquarters, it will be the responsibility of the end customer to bear the costs relating to transport, shipping, insurance and customs operations up to the ETG headquarters in Predaia (TN ), Italy. In the event that it is deemed sufficient to supply spare parts to replace defective parts, these will be made available by ETG, at the Customer's headquarters in Italy and nothing will be owed by ETG for the related restoration operations. Any derogation must be expressly agreed in writing with ETG. Malfunctions and / or nonconformities of the product attributable to the following causes are excluded from the warranty: transport activities; lack of evidence and execution of the maintenance interventions provided for in the use and maintenance manual; failure to comply with the instructions and warnings relating to installation and / or use provided by ETG; tampering, interventions, maintenance performed by unqualified or authorized personnel; abnormal or improper use of the product, failure to respect its purpose and field of application; aggravation of damage caused by further use of the appliance by the user once the malfunction has occurred; use of spare parts, components and accessories that are not original or not recommended by ETG and damage caused by them; incorrect or abnormal functioning of the electrical and / or hydraulic, pneumatic power supply; corrosion, encrustations or breakages caused by stray currents, improper water hardness, limescale deposits, sludge deposits, condensation, aggressiveness or acidity of substances in contact with the product, descaling treatments carried out improperly; causes of force majeure such as frost or overheating (outside the intended conditions of use), fire, lightning, theft, vandalism, accidents, unforeseeable circumstances, etc. However, this Warranty refers to Directive 99/44/ EC and to the applicable national legislation.

9. INFORMATION ABOUT THE PRODUCT AND ITS AVAILABILITY

Unless otherwise indicated, the methods of use of the purchased item or product, with particular reference to its safety, are indicated in the "technical documents". The dimensions and the others physical characteristics are subject to normal commercial tolerances. It will be the customer's responsibility to check, in advance, the suitability of the product or article for the use he wishes to make of the same. In any case, ETG reserves the right to discontinue the offer of any product, or to make changes to the specifications of the products or articles, at any time, even without notice and without having to justify this decision. ETG recommends customers to check the dimensions and other data relating to the products published in the Catalog or on the virtual showcase of the site as well as the future availability of the same, before using them for particularly important uses. The information contained in the Catalog is, to the best of ETG's knowledge, correct at the time of going to press. If the customer intends to sell the purchased products to third parties, it will be his responsibility to ensure that these items are complete with all the accessory elements such as warnings, labels, instructions, manuals and other useful information, supplied with the items themselves.

10. LIMIT OF LIABILITY

These general conditions outline the entire area of responsibility of ETG with regard to the articles, with the exclusion of any other guarantee, condition and term, expressed or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, without prejudice to in any case those guarantees which, by law, cannot be waived, with particular reference to the provisions of article 1229 of the civil code and in terms of liability for damage from defective products and consumer protection. However, it is understood that in no case will ETG be liable for the loss of profit or for any indirect damage suffered by the customer due to a fact, act or omission attributable to ETG pursuant to these general conditions or in any case in relation to the purchase or sale of the same. The applications described in the data sheets in the Catalog and the combination of components for their realization do not represent the only possible technical solution. ETG assumes no responsibility for the correct functioning of such applications, nor for their compliance with the specific purposes for which they could beintended.

11. LIMITATIONS OF USE

The products and items sold by ETG have not been tested for applications in the medical field or for joint use with medical-surgical aids of any kind and nature. Likewise, ETG's products have not been tested for application in the context of nuclear activities or in the aeronautical field. Therefore, ETG products must not be used in these areas, with respect to which ETG assumes no responsibility for malfunctions and / or damage to things or people.

12. PAYMENTS AND EXPRESS TERMINATION CLAUSE

Payments can be made according to the following methods shown on the ETG website. by bank transfer, by cash, within the limits allowed by the laws in force, by credit card. For any further information or clarification on the matter, we invite you to contact our Administrative Office - telephone +39 0463 461049. ETG reserves the right to request payment in cash, within the limits permitted by the laws in force, or to propose additional and different payment methods. Any payment conditions other than those mentioned above must be agreed in writing with ETG, before placing the order. All payments will be made in favor of ETG without the client being able to make any compensation, deduction or counter-claim. In the event of non-payment of the price due by the customer, the sales contract will certainly be considered terminated by law pursuant to and for the purposes of Article 1456 of the Civil Code. In the event that payments are not made within the agreed timeframe, from the day following the expiry of the payment deadline, the default interest provided for by Legislative Decree 231 of 9 will run on the amount due, without the need for a formal notice. October 2002, as last amended with Legislative Decree 192/2012. In this regard, unless otherwise agreed with ETG, the terms of payment of the fees due by

the customer are those provided for by Article 4, paragraph 2 of Legislative Decree 231 of 9 October 2002 on the effective date of default interest. ETG, within the limits of what is permitted by the law, reserves the right to request compensation for any further damage, as well as the reimbursement of any costs or expenses incurred for the recovery of its credit, including legal fees. In the event of any delay in the payment of the consideration, all sums due at that time by the customer to ETG, also in relation to other supplies, will immediately become payable in full, as any deferred payment granted by ETG.

13. CURRENCY

Payments must be made in Euros; other currencies may be agreed in writing between the parties, within the limits permitted by law.

14. COUNTRY OF ORIGIN

Unless otherwise communicated in writing to the customer, the information contained in the Catalog does not constitute, nor should

it be understood, as a declaration of the country of origin, of preferential origin, processing, production or assembly of the products or any part of them.

15. RETURN OF ETG PRODUCTS

No items will be returned without the prior written consent of ETG, except as provided in the previous paragraph "Warranty". After obtaining the consent of ETG, in order to be entitled to a refund, the customer must return the items, according to the following conditions: the items must not have been used and must be returned in the same conditions in which the customer received them, the return must take place within 15 (fifteen) days from the date of the purchase invoice if the conditions of sale do not contain specific instructions (and these have not been subsequently indicated by ETG), all parts or components possibly added to the product or article from customer must be removed before returning to ETG; otherwise, ETG will be authorized to remove and / or eliminate all additional parts. The return is not allowed for software, for products marked with the symbol "C" (description of article code with letter C "CUSTOM") or for other items that , although supplied by ETG, were not available in the Catalog and, therefore, were specifically ordered at the customer's request, the items are returned to ETG at the expense and risk of the customer. The products to be returned to ETG must be properly packaged and shipped to the ECOTECH GTS S.R.L. in Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN).

16. CANCELLATION OF ORDERS

Orders placed with cash payment, within the limits allowed by current laws, bank transfer or by credit card that cannot be completely fulfilled on the basis of warehouse stocks, will be partially canceled and the relative sums refunded. ETG reserves the right not to entertain commercial relations with certain subjects. Furthermore, ETG reserves the right not to accept or cancel any orders, regardless of whether the payment has been received or not, by notifying the customer by fax, telephone or e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that ETG does not accept or cancel an order for which payment has already been made, ETG will promptly reimburse the entire amount received, according to the methods that will be indicated to ETG by the customer for this purpose. Furthermore, it is understood that the return of the price represents the only charge to be borne by ETG for the non-acceptance or for the cancellation of the order, any form of responsibility borne by ETG being excluded in this regard. The customer may cancel or revoke purchase orders only to the extent permitted by law, it being understood, in any case, that, except for mandatory provisions of the law, orders relating to the purchase of items which, although provided by ETG, they were not available in the catalog offer at the time the customer sent the purchase order.

17. FORCE MAJEURE

In the event that the execution of orders by ETG is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of procuring the services, materials or items necessary for the fulfillment of the order, if not at increased prices, ETG may delay the fulfillment of the order and, in this case, communicate the delay to the customer; the latter, within 3 (three) days of receiving the communication from ETG, will have the right to cancel the order in whole or in part. In none of the aforementioned cases, ETG can be held responsible for the delay, cancellation or impossibility of making the delivery.

18. COPYRIGHT AND PATENTS

ETG warns the customer that the articles presented in the Catalog or on the ETG website may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by ETG or third parties. ETG is the owner of the copyright relating to the Catalog, which may not be reproduced in whole or in part, without the prior written consent of ETG.

19. CONTRACTS CONCLUDED WITH CONSUMERS

If the customer qualifies as a consumer, the provisions on consumer protection will be applied, including those referred to in the Consumer Code (Legislative Decree 6 September 2005, n. 206 and subsequent amendments), which are not intended to be waived. from these general conditions. In particular, in the event that the consumer customer has concluded the contract away from business premises or through distance bargaining, he will have the right to withdraw from the contract without penalty, by sending, within 14 (fourteen) working days from the date of receipt of the items purchased, specific communication, by letter sent by post, to ECOTECH GTS SRL in Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN) or by email at info@ecotechgts.com. The letter of withdrawal, bearing the indication "I hereby notify the withdrawal from the sales contract of the following goods ...", must also contain the following information: ETG order confirmation number, customer personal data (including tax code ), telephone number and / or email address of the customer. In case of exercise of the right of withdrawal, the purchased products will be returned to ETG, intact and properly packaged, within 14 (fourteen) working days from the sending of the aforementioned communication, at the customer's expense, to the following address: ECOTECH GTS SRL, Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN). Upon exercising the right of withdrawal, ETG will promptly return any amount received to the customer.

20. LEGAL GUARANTEE OF CONFORMITY

The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by Consumer Code in articles 128-135 and establishes the seller's responsibility for lack of conformity of goods sold through its sales channels. The Legal Guarantee referred to in the Consumer Code is reserved for consumer customers. All products that present a lack of conformity existing at the time of delivery and which manifest themselves within 24 months from the date of purchase are covered by the Legal Guarantee. The lack of conformity must be reported to the seller within 2 months from the date of discovery of the defect.

21. TREATMENT OF PERSONAL DATA

ETG processes the personal data of its customers in accordance with the provisions of the law, according to the methods and for the purposes specified in the Privacy Policy. For any information in this regard, the e-mail address info@ecotechgts.com is available.

22. JURISDICTION

The Court of Trento will be exclusively competent for any dispute deriving from these general conditions of sale and the related product supply contracts. If the customer qualifies as a consumer, any disputes arising from these general conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general conditions of sale are governed by Italian law. For information on these general conditions of sale, contact ETG - e-mail:info@ecotechgts.com

 

 

Predaia, Trento, Italy 2022