1. The following terms are the only ones governing the contractual sale relationship between TEST1 S.r.l. SB and the Customer signing the order.
2. The Customer fills in the order form in full, with date and signature; the point of sale will forward it to TEST1, which, within 10 days of receiving the purchase proposal contained in the order, reserves the right to confirm the order received. At the same time as confirming the order, TEST1 will notify acceptance of the order, with methods and timing that will vary according to warehouse availability, the size of the order, and any specific requirements.
3. The shipping date indicated by TEST1 is purely indicative and also depends on warehouse availability. In the event of a delay in receiving the products, the Customer shall not be entitled to compensation or refunds, nor may request termination/cancellation of the order, except after putting TEST1 on formal notice by registered letter, allowing it at least 20 working days to perform.
4. The order confirmation countersigned by TEST1 will be delivered to the Customer together with the invoice for payment of the deposit and down payment on the price of the products.
5. TEST1 shall have the right to suspend or cancel orders already confirmed and still being performed, by simple written notice, should the Customer’s guarantees of solvency, in TEST1’s sole judgement, be lacking or found to have decreased in the meantime.
6. Unless otherwise agreed in writing, ownership and the risk of loss and/or damage to the products transfer to the Customer upon delivery to the carrier, whether transport takes place under the “EX WORKS TEST1” term or under the different “FRANCO DESTINO” (“Delivered”) or “FCA” term for sales abroad (these terms, as well as any agreed in writing as an alternative, refer to the edition of the Incoterms – International Commercial Terms – in force at the time of the final order confirmation). In any case, from the moment the products are delivered to the carrier or forwarder, they travel at the Customer’s risk. TEST1 shall not be liable for loss of or damage to the products occurring after delivery to the carrier. The cost of transporting the products to the Customer shall be entirely borne by the Customer. TEST1 will not enter into any transport contract and will not insure the products being shipped unless expressly requested in writing by the Customer, and in any case at the Customer’s risk and expense.
7. TEST1 warrants that the products supplied are free from manufacturing defects and comply with the technical regulations in force in the European Union. This warranty is valid for 24 (twenty-four) months from delivery and is valid only insofar as the products are used in accordance with TEST1’s instructions.
8. Any claims for defects must be made in writing and sent by registered letter with return receipt to TEST1 S.r.l. SB, at its registered office at Via Corsica 143, 25125 Brescia, Italy, specifying the defect complained of and attaching explanatory photos, within the strict term of 8 (eight) days from the date of delivery. Failing this, the products will be considered definitively accepted and conforming to the contractual provisions, although the Customer may still report any hidden defect within 12 (twelve) months of the invoice date; in any case, notice of defects must be given to TEST1 no later than 8 (eight) days after their discovery, and the remedies available to the Customer shall be exclusively those under TEST1’s warranty. Any dispute or claim shall not entitle the Customer to suspend or delay the agreed payments.
9. Any defect claimed by the Customer will be assessed exclusively by TEST1’s quality control, either on site or at TEST1’s premises. In any case, the Customer declares that it accepts the outcome of TEST1’s quality control assessment, with charges and expenses at the Customer’s expense. Should TEST1 decide to assess the products at its own premises, the Customer undertakes to arrange with TEST1 the return of the purchased products by shipping them to TEST1. TEST1, at its sole discretion, may replace the products at no extra cost to the Customer or issue a credit note for deposits paid, without this constituting any acknowledgement of debt and/or liability on the part of TEST1, nor any acknowledgement of the Customer’s rights/claims to damages or otherwise.
10. For the duration of the warranty period, TEST1 will carry out any replacements that become necessary, bearing all costs of such service.
11. TEST1 is not liable to the Customer for any damaging consequence, including failed or delayed delivery, caused by an unforeseen event or force majeure or by events beyond its reasonable control or unforeseeable, such as, by way of example only, the failure or delay of suppliers to deliver raw materials, strikes and other industrial action, transport difficulties, etc.
12. TEST1 is not liable for damage to persons or property resulting from incorrect, inappropriate use of the products or use in disregard of the instructions provided, or resulting from the negligence, carelessness or lack of skill of users, or from force majeure, unforeseen events, failure to comply with laws or regulations, orders or otherwise.
13. Any dispute or claim shall not entitle the Customer to suspend or delay the agreed payments.
14. The Customer accepts the payment terms set out in the order and any set out in the subsequent order confirmation.
15. The Parties agree to the instalment payment of the products sold under the following terms.
16. The Customer undertakes to pay the percentage of the total final price indicated in the order, as a deposit and down payment, within 10 days of TEST1’s order confirmation.
17. The balance of the price will be paid within 10 days of receipt of the goods, as indicated on the accompanying invoice for the products.
18. In the event of late payment and until actual settlement or, where agreed, until the date of notice of exercise of the redemption agreement referred to in Art. 2 of the Specific Terms of Sale, interest shall be due at the statutory default rate under Article 5 of Legislative Decree 231/2002.
19. In the event of late or non-payment of the deposit and down payment referred to in Article 16 above, at the time of order confirmation and within the time indicated, TEST1 shall have the right to request, and the Customer shall be obliged to pay, 30% of the total order value as a penalty.
20. Should the Customer notify TEST1 of its wish to cancel the order no later than 10 days after its confirmation by TEST1, the deposit received will be retained permanently.
21. In the event of non-payment, TEST1 shall have the right to terminate the sales contract immediately and without notice, and to take action for payment of the balance and interest. Such right of termination must be communicated by registered letter with return receipt to the Customer, at the address previously provided.
22. The Parties agree that any communication shall be valid if sent to the addresses provided by the Parties; it shall be each Party’s sole responsibility to notify any change of address. In the absence of notice of a change of address, the Parties acknowledge that communication and/or notification to the original address shall be considered valid and effective.
23. This election of domicile is also made pursuant to Articles 47 of the Italian Civil Code and 141 of the Italian Code of Civil Procedure.
24. The order, the order confirmation and the sales contract (General and Specific Terms) and the agreements contained therein have been negotiated and drawn up under Italian law, which shall therefore apply to them. For any dispute relating to or arising from them, the jurisdiction of the Italian courts and the exclusive competence of the Court of Brescia are agreed.
25. In the event of a conflict between the Italian version and the English version, the Italian text shall prevail.
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