1. Scope of Application:
These terms and conditions of sale apply to all current and future transactions and contracts.
2. Documents Handed Over:
We reserve the property rights and copyrights to all documents provided to the customer in connection with placing the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our consent. These documents may not be made accessible to third parties unless we give our express written permission.
3. Prices and Payments:
Unless otherwise agreed in writing, our prices are ex-works plus VAT at the applicable rate. Payments must be made exclusively to the bank account specified in the invoice. In the event of default in payment, interest and expenses customary in banking will be charged.
4 Delivery Time/Execution
The delivery time stated by us presupposes the timely and proper fulfilment of the purchaser's obligations. Should the start of work be delayed for reasons not attributable to the Contractor, or should delays occur during assembly, the completion date shall be postponed by the corresponding days. The Contractor shall not be liable for delays that are due to chance and/or are the fault of other companies or the client. The client shall ensure proper accessibility to the construction site and provide a lockable room for the installation duration. After acceptance has taken place, the client must report any defects to the Contractor in writing, at the latest within eight days after they become apparent, giving a concrete description of the defect's nature. Otherwise, any legal claim shall be forfeited. The Contractor's liability is limited to the defect's rectification and does not extend to indirect damage and loss of profit.
Should our suppliers fail to meet the agreed delivery dates, we reserve the right to use other suppliers.
5. Transfer of Risk on Dispatch:
If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch, at the latest upon leaving the factory/warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
6. Retention of Ownership:
We retain ownership of the delivered item until full payment of all claims arising from the delivery contract (Art. 1523 of the Civil Code). That also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the object of sale if the customer acts in breach of contract.
7. Warranty and Notice of Defects:
Claims for defects against private individuals are regulated by law and are valid for 2 years. Claims for defects against companies become time-barred 12 months after delivering the goods supplied by us to our customer.
Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage which occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If the purchaser or third parties carry out improper repair work or modifications, there shall also be no claims for defects for these and the resulting consequences.
Any changes or deviations from the order must be agreed upon with Frigotherm Ferrari before execution. Additional work can only be carried out with the prior approval of Frigotherm Ferrari and requires a cost breakdown, which Frigotherm Ferrari must approve before the work begins.
The Contractor guarantees the work's flawless execution, undertakes to pay its employees according to the collective agreement, and provides statutory accident insurance, social security, and health insurance.
The Contractor undertakes to confirm the correct submission of the employees' social benefits (DURC) at the client's request.
The Contractor assumes full responsibility for any accident that may occur during the work, whether against his employees or against third parties, provided that the accident is the Contractor's fault.
In the event of failure to comply with the statutory provisions on accident prevention or failure to comply with an instruction from the installation supervisor, the Contractor shall bear full responsibility for any accident and its consequences, insofar as the accident was the fault of the Contractor.
In the event of a complaint by the Work Inspectorate for failure to comply with the statutory provisions on accident prevention, the penalties shall be borne by the Contractor insofar as the provisions affect the Contractor.
The works are under guarantee for 2 years after commissioning. The Contractor assumes full responsibility for any damage and consequential damage, which may occur during installation and during the warranty period, and is therefore obliged to provide appropriate insurance.
The Contractor declares that he is aware of the workplace's safety regulations prescribed by the authorising decree no. 81 of 09/04/08, he will act rigorously according to them and accept full responsibility for them.
The Contractor confirms that it has not committed or has no open offences under GvD 231.
Compliance with the safety plan is compulsory for all companies on the construction site following Enabling Decree No. 81 of 09/04/08.
The Contractor shall oblige the employees deployed on the construction site to wear the identification badge provided by Law 248 of 04/08/06.
At the end of the work, the Contractor undertakes to properly dispose of the waste produced by him and leave the site safely and tidy. In non-compliance with this clause, the waste will be disposed of by Frigotherm Ferrari, and the expenses incurred for this will be charged to the Contractor.
The Contractor is strictly forbidden to use scaffolding, ladders, and similar in possession of the customer.
At the latest 4 weeks after completing the work, the complete documentation on the work carried out (drawings, measurements, certificates, declarations of conformity, etc.) must be handed over to Frigotherm Ferrari.
The balance invoice will only be paid after receipt of the above-mentioned documents.
Subcontracting agreements that have as their object a legal transaction subject to VAT and concluded in the form of a private deed shall be registered following Art. 5, paragraph 2 of DPR 26.04.1986 No. 131 only if necessary.
Any legal dispute shall be subject to the jurisdiction of the courts of Bolzano. Anything not expressly provided for and regulated in the present contract shall be governed by the Italian Civil Code's legal provisions.