PREMISE
Neveplast s.r.l. creates artificial ski and snow tubing slopes capable of simulating and reproducing the conditions of the internal slopes
1) SCOPE OF APPLICATION OF THE CONTRACT AND DEFINITIONS
1.1 These general terms and conditions govern all current and future relationships between Neveplast and Italian and foreign customers. Conflicting, discrepant and / or additional conditions are valid only if agreed in writing and accepted by both parties.
1.2 For the purposes of the discipline referred to in these General Terms and Conditions, the terms indicated below, regardless of their use in the singular or plural, take on the meaning that for each of them is specified as follows:
a) “Supplier”: Neveplast s.r.l .;
b) “Customer”: the person, physical or legal, who wishes to make use of the Neveplast s.r.l products;
c) “Parties”: Neveplast s.r.l. and the Customer.
d) “Order”: the order and / or the quote and / or the order confirmation sent by Neveplast s.r.l. and accepted by the Customer or transmitted by the Customer and accepted by Neveplast s.r.l.
f) “Contract”: any agreement and / or clause contained in the Order and in the general terms and conditions that follow.
2) CONTRACTUAL REGULATIONS
2.1 All contracts concluded with both Italian customers and foreign customers, both within and outside the Italian territory, are governed by the following general terms and conditions and are governed by Italian law.
3) FORMATION OF THE CONTRACT
3.1 The acceptance by the Customer of the offer or quote or order confirmation sent by Neveplast s.r.l., or the acceptance by Neveplast s.r.l. of the offer or quote or order confirmation sent by the Customer, implies the application of these general conditions, even when acceptance is implicit and occurs by simply executing the contract.
3.2 The Order, at the unquestionable choice of Neveplast s.r.l., can be supplemented, where necessary, by bills or drawings appropriately accepted and countersigned by the Customer, to better define the products purchased and forming an integral part of the Contract.
3.3 In the event that the Customer transmits the measurements and describes the state of the places, the Customer will be solely responsible for the truthfulness of what has been communicated and with the signing of the Contract and / or its free execution Neveplast s.r.l. from any liability inherent in defects and faults that may arise and / or result from the omission of data and / or errors in their transmission, with the consequence that no guarantee will be due from the Supplier.
3.4 Any integration and / or modification to the Contract must be made in writing and be signed and / or in any case accepted by both Parties.
4) THE CHARACTERISTICS OF THE PRODUCTS GUARANTEES AND LIABILITY
4.1 CONFORMITY OF PRODUCTS
4.1.1 The characteristics of the products are indicated in the technical data sheet of the product that the Customer declares to have received and to know in every aspect. Neveplast s.r.l. guarantees that the products correspond in quantity, quality and type to what is established in the Contract and that they are manufactured in accordance with what is established in the specifications. The Customer declares that any color variations of the product do not constitute a lack of conformity as they are related to the normal production process.
4.2 DURATION OF THE WARRANTY
4.2.1 The product warranty has a duration of two years, starting from the date of delivery.
4.2.2 Neveplast is not responsible for any flaws and defects that are relative and / or deriving and / or consequent or in any case connected to installation, maintenance and / or storage of the product that have not been carried out in compliance with the prescriptions given by Neveplast s.r.l. and / or in any case in a manner appropriate to the characteristics of the product supplied by Neveplast s.r.l.
4.3. REPORTING OF VICES AND DEFECTS
4.3.1 The Customer must report, under penalty of forfeiture, any flaws and defects in the products no later than eight days from delivery and in any case no later than two years from delivery. Hidden defects must be reported no later than eight days after discovery.
4.4 REMEDIES
4.4.1 Following the complaint within the terms referred to in the previous art. 4.3.1, Neveplast s.r.l. reserves the right to verify the presence of the disputed flaws and defects and, in the event that none of the exclusions of the guarantee provided for in these general conditions of contract have occurred, it may at its sole choice, within a reasonable time taking into account the characteristics product techniques: i) provide the Customer free of charge, ex works, with products of the same type and quality as those found to be non-compliant; ii) credit the Customer with an amount equal to the cost of the product, on condition that the same is returned to Neveplast s.r.l. at the expense of the Customer; iii) arrange for the repair of the products found to be defective
4.5 LIABILITY
Except for willful misconduct or gross negligence of Neveplast, the guarantee, referred to in this article 4, replaces the legal guarantees for lack of conformity and excludes any other responsibility of Neveplast originating from the products supplied; the buyer will not be able to make other claims for damages, price reduction or termination of the contract and in no case will Neveplast be held responsible for direct, indirect or consequential damages to the shutdown of the plants.
4.6 COMPENSATION
4.6.1 Compensation for any damage to persons or property is limited to the maximum indicated in the Neveplast civil liability policy and is subject to the terms and conditions of application of said policy
4.7. INFORMATION AND SURVEILLANCE
4.7.1 The Customer declares to be aware of the safety rules necessary for the use of Neveplast s.r.l. products, which deliver to the customer together with the ordered product, the user and maintenance manual of the product. The Customer also undertakes to observe and enforce the rules and all the precautions for use and maintenance to protect the end user of the product. In this regard, the Customer undertakes to display the sign containing the rules of use, provided by Neveplast s.r.l., in such a way that it is clearly visible to the end user of the product and in any case at the entrance to the plant. together with the product.
5) DELIVERY
5.1 The delivery time indicated in the Contract is indicative and not binding. Any advances or delays in delivery do not entitle the Customer to seek compensation for damages, to delay payment and / or to cancel and / or withdraw from the order.
5.2 The delivery term is expressed in working days, from which we mean, therefore, excluding Saturdays and Sundays, holidays and annual leave periods.
5.3 In the event that the Customer requests a postponement of delivery, Neveplast reserves the right to charge the Customer for the storage costs which are quantified as 1% of the value of each Order for each month. In the event that the postponement of delivery is agreed for a period of less than one month, the storage costs will be due for each day and calculated in proportion to the actual storage period. Neveplast will not be liable for damage caused to the products by the handling of goods in the warehouse.
5.4 In the event that there are delays caused by difficulties in the procurement of raw materials and materials and / or delays in their delivery, Neveplast will notify the Customer within 10 (ten) working days from the occurrence of the event and the deadline for delivery will be postponed for a period corresponding to the lost working days, without the Customer being able to request any compensation for damages and / or delay payment and / or to cancel and / or withdraw from the order
5.5 In any case of force majeure, the Parties now agree that the deadline for delivery will be postponed for a period corresponding to the working days lost in relation to the occurrence of such events. By way of example and not limited to cases of force majeure, wars, sabotage, epidemics, explosions, fires, natural disasters, pandemics and any other event not foreseeable with the use of ordinary diligence constitute cases of force majeure.
6) TRANSPORT
6.1 The products will be collected from the Neveplast warehouses at the Customer’s care and expense.
6.2 In the event that the Parties agree that the products are delivered at the expense of Neveplast, they will be delivered to the address indicated by the Customer in the Order. Any changes must be communicated by the Customer to Neveplast at least thirty days before the delivery date. Any costs and / or expenses necessary for changing the place of delivery will be charged by Neveplast to the Customer. In this case, the Customer or his / her representative must be present, on the agreed day for delivery, at the place of delivery indicated in the Order and must sign the relevant transport document.
6.3 independent reason of Neveplast, the delivery is understood to be carried out for all purposes with the simple notice of goods that are ready, which will be sent to the Customer by certified e-mail (PEC) and / or registered mail a / r and / or by email to the address indicated by the Customer in the Order. In this case, Neveplast is considered a simple depository of the materials and when the period exceeds 30 days, from the receipt of the notice of goods ready, the Customer will have to pay a fair fee for the warehouse, which is now indicated in 1% of the value of the order for each month of delay in delivery. If the delay is expected to last for a period of time less than one month, the inventory costs will be due for each day and calculated in proportion to the actual inventory period.
7) ASSEMBLY AND INSTALLATION
7.1 The assembly and installation of the products are the responsibility of the Customer and do not involve the need for special equipment and / or technical skills. Neveplast s.r.l. provides the Customer with assembly instructions that the Customer is required to observe and observe. Neveplast s.r.l. is not responsible for flaws and defects that depend on, arise and / or are a consequence of the assembly and / or assembly performed by the Customer in a manner different from that provided in the instructions provided.
7.2 At the request of the Customer, Neveplast S.r.l. undertakes to supervise the assembly and assembly phase. In any case Neveplast s.r.l. will not be responsible for flaws and defects that depend on, arise and / or are a consequence of the assembly and / or assembly performed by the Customer in a manner different from that provided in the instructions provided.
7) USE AND MAINTENANCE
7.1 Neveplast s.r.l. provides the Customer, who declares to know them well, the manuals containing the use and maintenance rules and assembly instructions. Failure to comply with the assembly and maintenance standards and specifications will invalidate the guarantee.
Neveplast s.r.l. provides the Customer the following for the ski slopes n. 1 sign on rigid D-BOND support with four-color printing on matt laminated adhesive pvc for exteriors and for Tubby slopes n. 1 sign on semi-rigid FOREX support with four-color printing on opaque laminated adhesive pvc for exteriors, both containing indications, recommendations and regulations regarding the correct use of the slopes. The Customer undertakes to place said signs in a visible and easy-to-consult position and to provide all users with the information contained in the signs themselves.
8) PAYMENT
8.1 The prices of the products are those indicated in the Order and are understood to be in the currency specified in the Order itself. Payments, and any other sum due for any reason to Neveplast s.r.l., are understood to be net at your domicile. Any delay or irregularity in payment attributes to Neveplast s.r.l. the right to suspend supplies or to terminate ongoing contracts as well as to seek compensation for damages.
8.2 In the event that a deferred payment is agreed, the Parties hereby acknowledge that, in the event of a delay in the payment of even one of the agreed installments, the Customer will forfeit the benefit of the term and the supplier may request payment of the full amount still due.
8.3 In the event of late payments, the Customer must pay the Supplier the default interest calculated from the amount due up to the actual balance pursuant to art. 5 Legislative Decree 231/2002.
8.4 The Customer may in no case deny or delay payments at the agreed deadlines by citing or raising any disputes, even in the event that there has been a timely and valid report of defects.
9) RESERVE OF OWNERSHIP
9.1 If the payment is to be made in whole or in part after delivery, the delivered products remain the property of Neveplast s.r.l. until full payment of the price. The Customer undertakes to do everything necessary to establish a valid retention of title or a similar form of guarantee.
10) INTELLECTUAL PROPERTY
10.1 The product covered by this sales contract is the result of the application of trade secrets and the wealth of technical and industrial experience gained by Neveplast s.r.l., protected pursuant to art. 98 CPI and pursuant to Directive (EU) 2016/943. Any form of reverse engineering or any other activity aimed at violating the commercial secrets of Neveplast Srl is prohibited.
10.2 The Customer acknowledges that the trademarks, other distinctive signs, designs and models relating to the Neveplast S.r.l. products, information, projects, documentation and data (collectively “Information”) concerning and / or in any case inherent to the Order and / or its execution are the exclusive property of Neveplast s.r.l. and must be considered by the Client as strictly confidential and confidential and as such they may not be disclosed under any circumstances, except as provided for in point 10.3 below.
10.3 The Customer may disclose the Information only where this is necessary to comply with legal obligations, regulations, or requests or provisions of public authorities, including foreign ones, in the cases and with the limitations provided for by law.
10.4 Any form of reproduction, modification, alteration or any other activity aimed at violating or exploiting the trademarks, other distinctive signs, designs and models owned by Neveplast s.r.l. is prohibited.
11) JURISDICTION
11.1 For any dispute relating or in any case connected to the Contract for which the following general conditions apply, the Court of the Neveplast s.r.l. office is exclusively competent.
12) COMMUNICATIONS
12.1 Any communication that should be forwarded pursuant to and for the purposes of the Contract and / or pursuant to the law will be sent to the Customer at the address indicated in the Order and to Neveplast s.r.l. at the registered office.
13) PRIVACY
13.1 The Customer, duly informed pursuant to EU Regulation no. 679/2016, with the signing of the Contract, you consent to the processing of your personal data. Neveplast s.r.l., in the person of its pro tempore legal representative, is the Data Controller of the Customer’s personal data, directly or indirectly collected, for purposes instrumental to the execution of the Contract and to legal obligations. The provision of data is therefore mandatory and in the absence of consent the Contract cannot be executed. The Customer declares that he has read and is well acquainted with the privacy policy provided by Neveplast s.r.l. and in any case visible at the following link: https://www.neveplast.com/it/privacy/.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code the Customer expressly declares to approve, after having read them carefully, the conditions set out in the following points: 2 (application of Italian law); 3.3 (exemption from liability for errors in measurements); 4.2 (duration of the guarantee); 4.4 (remedies); 4.5 (responsibility); 4.6 (damage compensation limits); 5.1 (exemption from liability for early or late delivery) 5.3 (storage costs); 6.3 (storage costs); 7.2 (exemption from liability for assembly); 8.4 (solve et repete); 9 (retention of title); 11 (competent court)
