Terms and conditions of sale

Introduction

Neveplast creates artificial ski and snowtubing runs capable of simulating and reproducing the conditions of snow-covered runs.

1) Scope of application

These terms and conditions govern all current and future relations between Neveplast and its Italian and foreign clients.

2) Contract law

All contracts entered into with foreign clients, or in any case entered into outside of Italy, regulated by the following terms and conditions, are governed by Italian law.

3) Formation of the contract

Acceptance by the buyer of the offer or order confirmation of Neveplast S.r.l. carries with it application to the contract of these terms and conditions, even when acceptance is indicated by simple execution of the contract. If necessary, the order is accompanied by specifications or drawings, duly countersigned, to better define the products purchased and constituting an integral part of the present contract. The buyer remains responsible for the measurements made by it and/or for the description of the site’s conditions as communicated by it to the seller.

4) Product characteristics: guarantees and liability

4.1 Product conformity

The characteristics of the products are indicated in the product’s technical specifications, which the buyer declares that it has received and is fully familiar with. Neveplast guarantees that the products correspond in quantity, quality and type to the terms of the contract and that they have been made in accordance with the provisions of the Neveplast specifications. The Customer acknowledges that any variations of the colour do not constitute a lack of compliance because they pertain to the normal production process.

4.2 Term

The guarantee is valid for two years from the date of delivery, on the condition that the assembly, maintenance and storage of the product have complied with the seller’s instructions, and in any case have been appropriate to the product’s characteristics.

4.3. Complaints

The buyer must, upon penalty of forfeiture, report any obvious defects in the products within eight days of delivery. For hidden defects, the report must be received within eight days of their discovery and in any case no later than two years after delivery.

4.4 Remedies

Following a formal report by the buyer, Neveplast may, at its choice and within a reasonable period of time: provide to the buyer free of charge, ex works, products of the same type and quality as those that were defective or non-conforming; credit to the buyer an amount equal to the cost and require return of the defective products at its expense; repair the defective products.

4.5 Liability

Except in the event of fault or gross negligence on the part of Neveplast, the guarantee under the present article replaces the legal guarantees for defects of conformity and excludes any other liability on the part of Neveplast arising from the products supplied; the buyer may not claim any other compensation for damages, reduction in price or termination of the contract, and in no case may Neveplast be held liable for direct, indirect or consequential damages from closure of the system.

4.6 Compensation

or any damages to persons or things is limited to the maximum amount indicated by Neveplast’s liability insurance policy and is conditional on the terms and conditions of application of said policy.

4.7. Information and oversight

The client declares that it is familiar with the safety standards necessary for use of the products of Neveplast, which turns over to the client the product’s instructions and maintenance manual. The client also undertakes to ensure observance of these standards and all precautions for use and maintenance established to protect the product’s final user for its own protection. In this regard the client undertakes to display the document containing the standards of use in a manner readily visible to the user; Neveplast S.r.l. undertakes to provide said documents when it supplies the product.

5) Delivery

The dates indicated on the order confirmation are intended to be approximate in favour of Neveplast and in any case with a suitable margin of tolerance. Any liability on the part of Neveplast for damages deriving from early, delayed or failed full or partial delivery is excluded.

6) Assembly and installation

Assembly and installation are the client’s responsibility and do not require any particular equipment and/or technical skills. In any event Neveplast supplies the instructions for assembly, which the client is required to read and follow. At the client’s request, Neveplast S.r.l. undertakes to supervise the mounting and assembly phase. This activity, which does not include installation of the product, does not relieve the final client of its liability in regard to noncompliance with the standards contained in the assembly instructions.

7) Use and maintenance

The buyer declares that it is familiar with the use and maintenance standards, that it must follow the assembly instructions contained in the manual, and follow the standards relating to maintenance of the product. Failure to comply with the assembly and maintenance standards and specifications carries with it forfeiture of the guarantee.

8) Payment

The prices of the products are as indicated in the Neveplast order confirmation and are understood to be in the currency specified in said confirmation. Payments, and any other amount owed for any reason to Neveplast, are understood to be net at its place of domicile. Any delay or irregularity in payment entitles Neveplast to suspend supplies or to terminate contracts under way, and to seek compensation for any damages.

9) Retention of title

Should payment be made in whole or in part after delivery, the delivered products remain the property of Neveplast until the price has been paid in full. The buyer undertakes to do everything necessary to establish a valid retention of ownership or to re-establish a similar form of guarantee.

10) Competent court

For any dispute relating to or in any case connected with the contracts to which the following terms and conditions apply, the court of the Neveplast registered office has exclusive jurisdiction.
The client declares that he has read the terms and conditions and specifically approves, pursuant to article 1341 et seq. of the c.c., the following clauses:

Art.2 Applicable law                                                                                                                                                                                                                                                                                Art. 4 sub 1 products compliance
Art.4.5 and 4.6 Limitation of liability
Art.5 Delivery
Art.10 Competent court