1.1.The general terms and conditions of business set out below regulate homogenously the supply, sale and service contracts concluded by Schneider Tools Italia S.r.l. with its customers.
1.2.The general terms and conditions shall be deemed to be known and accepted as valid and binding at the time the individual contract is concluded.
1.3.The clauses, conditions and other accessory negotiating elements, if they modify or derogate from these general conditions, must be prepared and accepted in writing under penalty of nullity and ineffectiveness.
2.1.The data, photographs, drawings, dimensions, weights and all technical data contained in catalogues, advertising publications, computer and electronic media are indicative of the characteristics of the product, but do not in themselves constitute promised or essential qualities of the products supplied and can therefore be modified at any time until the conclusion of the contract.
2.2.Schneider Tools Italia S.r.l. owns the copyright in the catalogues, computer and electronic media and other sales documents, which may not therefore be reproduced or sold to third parties, even in part.
2.3.The offers of Schneider Tools Italia S.r.l. are not binding on the customer.
2.4.The customer's order is binding and irrevocable pursuant to Article 1329 of the Italian Civil Code for a period of ninety days from receipt.
2.5.Schneider Tools Italia S.r.l. has the right to accept the order within the aforesaid term, either by written confirmation or by starting the execution of the contract by shipping the goods ordered.
2.6.The contract shall be concluded at the registered office of Schneider Tools Italia S.r.l.
2.7.After expiry of the deadline for acceptance of the proposal, the customer's order must in any case be revoked in writing.
2.8.If, after ninety days from the receipt of the order, Schneider Tools Italia S.r.l. undertakes in good faith the execution of the contract before having been informed of the revocation of the order, the customer must indemnify Schneider Tools Italia S.r.l. for the expenses and losses incurred for the initial execution of the contract.
2.9.Schneider Tools Italia S.r.l. may revoke the acceptance of the order, provided that the revocation becomes known to the customer prior to acceptance.
2.10. Items included in previous catalogues but not in the current one, if available, will be supplied at updated prices.
2.11. Items in customized execution (even if offered in the catalogue), or made at the express request of the customer or other items not in the catalogue made and/or, supplied on the customer's indication, drawing, etc., cannot be considered "mail order" within the meaning of the law governing sales outside business premises (Law no. 50 of 15.01.1991) and therefore do not fall within the scope of that law. This excludes the right of withdrawal provided for by the aforementioned law.
3.1.Unless otherwise agreed in writing between the parties, Schneider Tools Italia S.r.l. shall apply to the contracts concluded the prices indicated in its catalogues and price lists in force at the time the order is received.
3.2.The prices indicated do not include the VAT due by law. The electronic catalogues and price lists may be consulted or requested free of charge from the offices of Schneider Tools Italia S.r.l.
3.3.Unless otherwise agreed in writing between the parties, Schneider Tools Italia S.r.l. orders shall be processed using its own delivery service and invoicing the customer for this service, including packaging costs.
3.4.If the Customer wishes to use its own delivery service is required to indicate this when placing the order, otherwise it shall be processed as in point 3.3.
3.5.Invoices issued by Schneider Tools Italia S.r.l. must be paid within the term fixed in writing between the parties, at the creditor's domicile, pursuant to art. 1182 of the Italian Civil Code, even if payment is made by means of a draft or bank receipt (RI.BA.).
3.6.In case of non-compliance with the payment term, the contract shall be considered terminated by right, pursuant to art. 456 Italian Civil Code and without sending any notice to fulfil, when Schneider Tools Italia S.r.l. declares to the customer its intention to avail itself of this termination clause. In this case, the contract is terminated with retroactive effect, obliging the customer to return what received, according to the rules on repetition and unjust enrichment.
3.7.In any case, Schneider Tools Italia S.r.l. may claim compensation for damages, also applying, as provided for by Legislative Decree 231/2002, a default interest equal to the annual legal interest rate increased by 7 percentage points.
3.7.In any case, Schneider Tools Italia S.r.l. may claim compensation for damages, also applying, as provided for by Legislative Decree 231/2002, a default interest equal to the annual legal interest rate increased by 7 points, as provided for by art. 5 of Legislative Decree 231/2002, starting from the first day following the expiry of the payment deadline.
3.8.Payment reminders sent by Schneider Tools Italia S.r.l. after expiry of the payment deadline shall entitle the customer to a surcharge of € 10.00 for each reminder.
3.9.In case of late payments Schneider Tools Italia S.r.l. reserves the right to process any orders in progress with advance or cash on delivery payment.
4.1.The material that can be supplied on consignment is only that stored in stock and marked in the catalogue with a gross price.
4.2.Items with price indicated in brackets () not in stock and any special items cannot be supplied on consignment.
4.3.The maximum validity of the consignment note is 4 weeks, after which the material will be considered as tacitly accepted by the customer and therefore billable.
4.4.The returned material must arrive in its original packaging complete with all accessories and in a condition that it can be returned to the warehouse for sale. Any damage or missing parts will be charged at the sale price of the item viewed.
5.1.Any returns due to incorrect order must be authorized by Schneider Tools Italia S.r.l. upon written request, which must be sent within 8 working days of delivery of the goods, together with the details of the invoice or a copy thereof. In case of authorization to return, the goods must be delivered carriage paid to the address indicated by Schneider Tools Italia S.r.l., complete with any accessories and in the original packaging.
5.2.The returned material must not have been used and must be returned to Schneider Tools Italia S.r.l. in such conditions as to be returned to the warehouse for subsequent sale without any intervention. Otherwise, the costs of rearranging the goods will be charged.
5.3.Schneider Tools Italia S.r.l. shall charge the customer, by way of reimbursement of expenses, an amount equal to 5% of the taxable value of the returned goods and, in any case, not less than €10.00.
5.4.For special tools, tools not in the catalogue and tools in the catalogue with prices in brackets (), returns or material changes are not accepted.
6.1.Schneider Tools Italia S.r.l., in the case of orders of considerable size, is entitled to make partial deliveries.
6.2.The delivery time is, however, approximate, never peremptory or essential, unless a precise peremptory delivery time is specified in writing in the order and confirmed by Schneider Tools Italia S.r.l.
6.3.In any case, the delivery period shall commence only after final clarification of all technical details and the submission of all data necessary for the execution of the contract.
6.4.If the parties have agreed in writing to the payment of a deposit to be paid by the customer, the delivery period begins upon receipt of the agreed sum.
7.1.Unless otherwise agreed in writing, Schneider Tools Italia S.r.l. shall ship the goods to the address indicated by the customer.
7.2.If shipment is delayed due to circumstances for which the customer is responsible, the risk of loss or deterioration of the goods shall be borne by the customer from the day on which Schneider Tools Italia S.r.l. gives notice that it is ready to deliver the goods.
7.3.In all cases of force majeure such as strikes, suspension of transport, etc., Schneider Tools Italia S.r.l. shall be exempt from the obligation to ship, while such cases may not constitute cancellation of the order by the purchaser.
8.1.Schneider Tools Italia S.r.l. reserves the right of ownership of the goods supplied until full payment of the supply and of any other sum due for any reason by the customer.
8.2.The risks and responsibilities inherent in the use of the goods supplied are borne by the customer from the time of delivery.
9.1.The customer, at the time of delivery, is responsible for checking that the goods supplied correspond to the order placed in terms of quantity and quality and that they are free from defects that can be detected by a summary examination conducted with ordinary diligence.
9.2.Complaints for damages due to transport shall be forwarded to the carrier directly upon receipt by Schneider Tools Italia S.r.l. with precise reservation on the courier's delivery note, notifying Schneider Tools Italia S.r.l. within and no later than 8 days. After this term the goods shall be deemed received and accepted.
9.3.The report of any initial evidence defects must be made within eight days of discovery, and the relative action is prescribed within the year of delivery in accordance with art. 1495 of the Italian Civil Code.
9.4. If the goods supplied are defective, Schneider Tools Italia S.r.l. has the right to choose whether
to eliminate the defect at its own expense or to supply a new product free from defects.
9.5.The customer shall lose the right to make use of the warranty if he has used the product without respecting the indications contained in the catalogue/technical manuals provided by Schneider Tools Italia S.r.l. and if he has made changes to the goods supplied or has replaced components and used materials that do not comply with the original technical specifications.
10. Declaration of Warranty
10.1. Damage due to normal wear and tear of the products due to mechanical stress as well as damage or breakage due to improper use or overloading of the products are excluded from the warranty. The liability specified in the warranty is excluded for claims for damages, including claims for consequential damages. The legal warranty claim is not limited by the warranty itself. In the event of a warranty claim, please contact the aforementioned guarantor immediately and in writing. To request warranty service, you must return the product together with a copy of your invoice.
11. Place of jurisdiction
11.1. The resolution of disputes relating to contracts to which these general conditions apply is the responsibility of the Court of Brescia, Italy.
12.1. Customer data may be transmitted to any company of the Schneider Tools Italia S.r.l. group in accordance with the legal rules. In compliance with Legislative Decree no. 196 of 30 June 2003 (Personal Data Protection Code). Customers have the right to access and rectify personal data concerning them. If customers wish to exercise this right, simply write to: Schneider Tools Italia S.r.l., via Ponte Gandovere 27, 25064 Gussago BS