Sales Conditions
GENERAL SALES CONDITIONS
1) INTRODUCTION
These General Sales Conditions govern all supply relationship between the parties, with the exception of any waivers specifically agreed in writing. However, even in case of derogations agreed in writing, these conditions will continue to be applied in the parts not derogated.
The acceptance by the Buyer of the offer formulated by Dos&Donts or the confirmation by Dos&Donts of the order proposal formulated by the Customer, however carried out, involves the application of these general conditions to the sale contract, even when the acceptance happens through the simple execution of the agreement. The insertion by the Customer of an online order proposal implies as well the complete acceptance of these general sale conditions: in this case the agreement ends with the confirmation by Dos&Donts Srl of the proposal made by the customer. This confirmation may also take place directly with the issue of the sales invoice.
2) CUSTOMERS
Through the online catalogue published on the website www.dos-donts.com/outlet) Dos&Donts Srl sells exclusively to companies and professionals operating in the “control and security of production environments” and related sectors, with the exclusion of any “private” user or anyhow qualified as a “consumer”. The Customer confirms its status as a professional operator with the presentation of the paper order proposal or the online insertion of the same, excluding the applicability of any legislation to protect the “consumer”.
Dos&Donts srl cannot be held responsible for any delays in supplies or for the decision not to supply what was ordered, remaining Dos&Donts Srl always free – at its sole discretion – to conclude or not the deal proposed by the customer.
3) PRICES – PAYMENTS – RETENTION OF TITLE
Prices can be changed at any time, without notice.
The prices are always considered as Ex Works Dos&Donts Srl
The products ordered must be paid by credit card.
4) DELIVERY
Risks relating to the supply shall be transferred to the Buyer when the goods leave Dos&Donts Srl warehouse, even when it is agreed that the shipment is handled and/or paid by Dos&Donts Srl, being understood the transport it is always at the Buyer’s risk. The data provided by the Buyer will be shared with the carrier for delivery purpose only. If the delivery of the goods is not possible due to circumstances beyond the control of Dos&Donts Srl, delivery shall be deemed carry out following notice of ready goods.
Dos&Donts Srl does not assume any responsibility in case the customs clearance of the products should not be successful (for any reason): by way of example due to the lack of certifications/declarations required by the country of destination. It is sole responsibility of the Customer to check if these certifications/declarations are necessary: Dos&Donts Srl will evaluate the preparation of the documentation required by the Customer, only prior recognition of an appropriate fee.
The delivery terms specified in the order confirmation are only approximate; these terms shall be automatically extended in any breach of the contractual obligations by the Buyer, in particular if the supply is delayed by events which are beyond Dos&Donts’s control: by way of example, delays caused by supplier or courier strikes, force majeure, including atmospheric and natural events.
Simultaneously with the delivery of the products, the Customer is required to verify the entirety of the packages and the quantitative and qualitative conformity as indicated in the delivery document.
The Customer, under penalty of forfeiture of all rights, must report immediately to the commercial representative any issue related to the quantity and quality of the products, or register them on the courier’s waybill through the “Accepted with reservation” note, with a detailed description of the problems.
5) TECHNICAL DATA
Dos&Donts Srl reserves the right to modify its products at any time that it deems appropriate, informing the Buyer in the eventually that such changes affect the installation.
It should be noted that the technical information relating to products without the Dos&Donts trademark are derived from the information published by the manufacturers of these products and must always be considered merely indicative. Dos&Donts cannot be held responsible for discrepancies between the technical specifications indicated on its website and the product actually offered for sale (however, in this case the Customer has the right to return the different product to Dos&Donts and obtain the crediting of the sum already paid to Dos&Donts for this product).
6) WARRANTY – INFORMATION TO THE BUYER – STATEMENTS/CERTIFICATIONS
Dos&Donts Srl guarantees the good quality and construction of the products sold. The warranty terms and conditions are listed in the annex “warranty terms and conditions” which is an integral part of these general conditions.
Dos&Donts Srl also guarantees the following services to the Buyer:
– Telephone support for any technical information concerning the product.
– A copy of the technical documentation (upon request).
– Information regarding new versions of the purchased product (upon request).
– Information of any news concerning new products and services available (upon request).
Subsequent resales made by the Buyer to countries subject to embargoes according to European Legislation or to restrictions imposed by other third countries are prohibited and are the sole responsibility of the Buyer.
It should be noted that the country-of-origin of the products is shown directly on invoices but Dos&Donts does not issue declarations of preferential origin.
Dos&Donts Srl will evaluate the issuance of specific certifications/declarations (also by third parties), upon timely request by the Customer and only prior recognition of an appropriate fee.
It should also be noted that for products without the Dos&Donts trademark, Dos&Donts operates as a mere distributor and therefore no liability can be charged to Dos&Donts. The manufacturer remains the only handler in terms of product liability and warranty.
The Customer declares to be aware that the purchase of these products from Dos&Donts implies the acceptance of the warranty conditions provided by the manufacturer only (also regarding the warranty management conditions), declaring to waive its right of redress and/or recourse against Dos&Donts.
7) LIMITATION OF LIABILITY
Dos&Donts Srl cannot be held responsible for any damage or loss, direct and/or indirect, deriving from the sale of goods and services offered (with the traditional procedure or through the online catalogue published on the website www.dos-donts.com/outlet). Dos&Donts cannot be held responsible also for delayed delivery and/or missed delivery of the product, mismatch of the goods in relation to the specifications published on the website, production losses, damage and/or loss of profit, as well as for any other fact not directly or indirectly attributable to Dos&Donts Srl.
8) SETTING-UP – TESTING
All the operations relating to the installation of the systems, including the testing, shall be carried out by the Buyer, exclusively through companies or persons with the necessary skills. Such persons shall also follow strictly and carefully the requirements provided by Dos&Donts Srl or expressly approved by it.
9) INDUSTRIAL PROPERTY RIGHTS
All drawings, instruction manuals, software,and technical literature provided by Dos&Donts to Buyer remain the exclusive property of Dos&Donts and cannot be given or shown to any third parties without the expressed written consent of Dos&Donts. Buyer cannot reproduce and must prevent the reproduction of any Dos&Donts’ equipment, parts or systems. The software is supplied with a NON-EXCLUSIVE temporary license and cannot be transferred to third parties.
Buyer cannot remove the wording or identification plate from the products and the software supplied by Dos&Donts: Buyer can only add his own identification plates or wording to Dos&Donts’ products after having obtained written authorization from Dos&Donts.
10) JURISDICTION
The Court of Milan shall have exclusive jurisdiction over any disputes arising from these conditions. Nonetheless Dos&Donts Srl reserves the right to act at the Buyer’s Court.
Pursuant to and for the purposes of articles 1341 of the Civil Code the following articles are expressly approved:
1) Introduction, 2) Customers, 3) Prices – Payments – Retention of title, 4) Delivery, 5) Technical data, 6) Warranty – Information to the buyer – Statements/Certifications, 7) Limitations of liability 8) Setting up – Testing, 9) Industrial property rights, 10) Jurisdiction.
WARRANTY TERMS AND CONDITIONS
1) SUBJECT
Dos&Donts Srl guarantees that the supplied products are manufactured in accordance with the applicable specifications and are free from defects in materials and workmanship that could make them unsuitable for their specific use.
2) WARRANTY EXTENSION
Dos&Donts Srl guarantees the performance of its products exclusively in relation to the uses, destinations, applications, tolerances, etc. expressly indicated by Dos&Donts Srl.
The warranty shall not apply in the following cases:
– removal of identification plates;
– defects and/or malfunctions attributable to the operations of setting up/testing carried out by the Buyer, directly or indirectly;
– malfunctions caused by inexperience, improper use or negligence of the Buyer and/or incorrect storage of the products;
– any service or repairs not authorized by Dos&Donts Srl, modifications and tampering performed or commissioned to be performed by the Customer (eg disassembly, alterations, replacements, etc.);
– connections to other equipments not authorized by Dos&Donts Srl;
– breakdowns of collateral equipment not supplied by Dos&Donts Srl.
The warranty does not include the replacement of parts and consumables usually subject to wear.
This warranty does not cover additional costs incurred by the Buyer as a result of the supply of defective products, in particular Dos&Donts shall not bear any recall expenses, if applicable, of the defective products and any re-shipment costs for the replaced products.
3) WARRANTY SERVICE
Any claim relating to defective products must be sent to Dos&Donts Srl within 8 days from the date of the defect discovery, under penalty of forfeiture. Every complaint must be communicated in writing, with the express indication of the model, the serial number (if any), the delivery date, the description of the defect and the quantity of defective products.
Following a regular claim placed by the Buyer, in accordance with the above, within a reasonable period having regard to the extent of the claim, Dos&Donts may (at its sole discretion):
a) provide (EXW) to the Buyer free products of the same quality and quantity to replace the defective items; In this case, Dos&Donts Srl may, at its own expense, demand the return of the defective products, which become its property.
b) repair the defective product at its own expense or modify the non-compliant product, carrying out the operations on-site or at its facilities. In this case, the Buyer is responsible for all transport costs for the defective and replaced product.
c) credit the Buyer with a sum equal to the value of the non-compliant products. All transports relating to operations carried out under warranty shall at Buyer’s cost and risk.
4) DURATION
The warranty period, unless otherwise agreed, is 12 months from delivery to the Buyer and expires at the end of this term, even if the materials have not been used for any reason.
For components that Dos&Donts Srl has purchased from other suppliers, the warranty conditions applied by these suppliers are considered valid and applicable to the Buyer. Dos&Donts Srl is available to provide a copy of the aforementioned.
5) LIABILITY
This warranty absorbs and supersedes any other possible liability that may originate from the supplied products: in particular the Buyer shall not be entitled to any requests for whatever damages, compensation, price reductions or termination of the contract. Dos&Donts Srl cannot be held responsible for any damage or loss, direct and/or indirect, deriving from the sale of goods and services offered (with the traditional procedure or through the online catalogue published on the website www.dos-donts.com/outlet) Dos&Donts cannot be held responsible also for delayed delivery and/or missed delivery of the product, mismatch of the goods in relation to the specifications published on the website, production losses, damage and/or loss of profit, as well as for any other fact not directly or indirectly attributable to Dos&Donts Srl.
Pursuant to and for the purposes of articles 1341 of the Civile Code the following clauses are expressly approved: 2) Warranty extension; 3) Warranty service; 4) Duration 5) Liability.
