ARTICLE 1 - THE PROPOSAL AND ACCEPTANCE
1.1. The written acceptance of the Order by the Supplier or the commencement of the Order by the Supplier will constitute acceptance by the Supplier of the Order and these Terms and Conditions of Purchase.
1.2. Any changes to these Terms and Conditions of Purchase shall be expressly accepted in writing by Buyer.
ARTICLE 2 - BONDS AND PERFORMANCE
2.1. The Contractor shall execute the order in accordance with the provisions in these Terms and Conditions of Purchase. The Supplier shall provide the Purchaser with all the information that from time to time require the Purchaser in connection with the Supplies and shall also promptly inform the Buyer if, at any time, the Contractor is prevented or delayed or becomes aware of any circumstances that may place it in the position of being unable or delay in performance of any portion of their supplies.
2.2. The Purchaser reserves the right to vary the order at any time. Any change of this kind can be done through a written review of the Order, which was accepted in accordance with the procedures referred to in Article 1.
2.3. The Supplier shall not assign, transfer, sub-contract or sub provide all or part of the Order without the prior written consent and without the express written acceptance of the Terms of Purchase and any other provision contained in the Order by of (as appropriate) the transferee, buyer or supplier. The acceptance of the assignment by the Purchaser and / or the subcontractor shall not release the Supplier from its liability and obligations under the Order.
ARTICLE 3 -DELIVERY
3.1. The supplies must be delivered cleared DDP - Delivered Duty Paid at the address specified in the Order. The property on the supplies will be transferred at the time of delivery at the address specified in the Order. The passage of the risk of the supplies shall pass to Buyer upon delivery in accordance with the terms of surrender just mentioned.
3.2. The delivery will be deemed to have occurred when the Supplier has delivered the goods (in terms of description, quantity and quality) to the provisions of the Order. For each delivery made by the Supplier, shall be procured by the Supplier in duplicate a shipping document containing the same information of the invoice, except the indication of the price. The Order shall be deemed performed when: (i) all of the supplies have been delivered and / or provided in accordance with the provisions of the Order, and have been accepted by the Purchaser; (ii) all of the documents set out in the Order and / or all the documents and certificates required for the installation and maintenance of supplies in accordance with the existing provisions have been received and accepted by the Purchaser.
3.3. The supplies will be delivered on the date specified in the Order. We will not accept partial deliveries or deferred without the prior written consent.
ARTICLE 4 - SCHEDULE OF DELIVERY - CRIMINAL DELAY
If the Contractor fails to comply with the delivery schedule but the Purchaser decides not to terminate the Order, the Purchaser may require the Supplier, without any notice, the payment of a penalty in an amount equal to 1% of the value of 'order, excluding taxes, for each day of delay, up to a maximum for each individual case of delay, equivalent to 10% of the value of the Order. You will have automatic compensation of the value of the penalties and any amount still due by the Purchaser to the Supplier, whether or not such sums payable at the time in which compensation is implemented. E 'without prejudice to the Purchaser's right to claim compensation for further damages, even if application and payment of the penalty for late delivery.
ARTICLE 5 - PARTIAL DELIVERY - ANY FLAWS 'IN DELIVERY
5.1. If the Supplier delivers only a part of the Order, or if only a part of the delivery is in accordance with the provisions of the Order, Buyer may, at its option, apply the provisions of Article 4 of the Order is not limited to those parties delivered to or different from the requirements laid out in the Order.
5.2. In the event of a partial delivery or fails to comply, the provisions of this clause shall not prejudice the right of the Purchaser: (i) terminate the entire Order in accordance with the provisions in Article 16; (ii) to seek compensation for any damage, loss, cost or expense that has incurred due to the default of the Supplier; and / or (iii) require the application of penalties calculated on the total value of the Order, excluding taxes.
ARTICLE 6 - OBLIGATIONS OF THE CONTRACTOR BEFORE SHIPPING
6.1. The Supplier shall provide the Purchaser or to persons specified by the Purchaser free access to its facility or at one of its subcontractors / suppliers or to any other place where operations are carried out related to the Order, with the aim of allowing you to check the status of performance of the Order and its progress.
6.2. Employees or appointed by the Supplier shall remain under the full responsibility of the Supplier even if, in order to carry out the obligations assumed under the Order, must work at the Purchaser, or any of Buyer's customers.
ARTICLE 7 - PACKING - SHIPPING
7.1. The Supplier is responsible for packaging of supplies and verify that the supplies are assembled, packaged and protected in a suitable manner.
7.2. The Contractor shall prepare an inventory for each shipment. The inventory should contain all the details necessary to identify the packages (details of the order, type and quantity of supplies, carrier's name, details of the shipment) as set forth in the Order.
7.3. For the case where the supplies were to be damaged during their storage, transport, delivery or before their acceptance, the Supplier shall obtain and provide, at its expense and danger, identical replacements for each item damaged or lost by the terms provided in the delivery schedule. The Purchaser, without prejudice to the exercise of any rights or remedies provided by law because of such a failure, may, at its option, either (a) terminate the Order without notice or any compensation; (b) reject the Supplies; (c) withhold payment in whole or in part.
ARTICLE 8 - PRICES
The prices listed in the Order are all-inclusive, fixed and non-revisable, after deducting discounts, and in any case include (without exception): taxes, storage, packaging, insurance, customs duty and carriage paid to the delivery . The currency of the amounts listed in the Order is also the currency of payment. The prices are not subject to any form of review, in relation to a change in exchange rates or otherwise.
ARTICLE 9 - BILLING
9.1. The Supplier will issue invoices in triplicate, to be delivered to the Purchaser at the address specified in the Order.
9.2. Invoices shall be accompanied by documentation which proves that upon successful execution of the Order and must contain:
1) All references, the number and date of the order, and the project;
2) A complete description of the supplies, and the number and date of the bill of lading of the shipment;
3) The price of supplies, excluding taxes, the VAT amount, taxes, insurance and customs duty, as well as the price inclusive of taxes and any applicable discount;
4) The date by which payment must be made in accordance with Article 10 of the following; and, more generally, all the information that must be included in the invoice in order to comply with applicable law.
9.3. The Purchaser reserves the right not to accept bills incorrect in substance and / or form.
ARTICLE 10 - PAYMENT
10.1. Unless otherwise provided in the Order and provided that the provisions of the Order are regularly fulfilled, invoices comply with the provisions referred to in Article 9 shall be paid within 90 days from the date of receipt.
10.2. Buyer shall have the right to offset any bill with any sum that the Supplier to the Purchaser in accordance with the Order should or in any other capacity.
10.3. The payment by the Purchaser of the price specified in the contract for supplies delivered shall not constitute acceptance of, and they will not release the Supplier from its liability and obligations.
ARTICLE 11 - WARRANTY
11.1. The Supplier warrants to the Purchaser that the Supplies (s) are fully compliant with the provisions of the Order, specifications, plans and related documentation; (ii) comply with industry best practices and applicable standards, as well as the applicable law (including any regulation of exports); (iii) are free from any defects in design, materials, workmanship, construction or installation; and (iv) are new and suitable for the use that he intends to make the Buyer.
11.2. The Guarantee will have a minimum duration of two years from the date on which the Supplies are put into service (Article 13).
11.3. The Supplier agrees to promptly replace, at its expense, any defective part of the Supplies. Any part replaced under the provisions of the contractual warranty or any other warranties provided by law, shall be subject to the same warranty clause referred to in this Article 11: The costs of returning the defective parts to the Supplier shall be borne by the Supplier. The Supplier agrees to supply spare parts and any other part that may be required during the entire operation of the Supplies. If the Contractor fails to timely implement to remedy any defect or non-conformity, the Purchaser will be able to directly provide all the necessary works to be realized at the expense of the Supplier. 11.4. The warranty period will be extended for the duration in which the supplies are out of service, from the day on which the Buyer has requested the Supplier to take action to remedy the defect or non-conformity to the date on which the supplies in question are called into service. If a fundamental part of the main or an element of the supplies requires repair or replacement during the warranty period, the extension and renewal of the Guarantee shall extend to the whole of this element of the Supplies.
ARTICLE 12 - LIABILITY 'AND INSURANCE
12.1. The Supplier shall be liable to the Buyer or any third party, and shall indemnify and detect harmless the Purchaser against any loss, damage, costs and expenses of whatever nature (whether it be for any direct, indirect, tangible, intangible, physical or economic, and whether they are sustained by the Purchaser by the Supplier or any third party) resulting from the breach by the Supplier of its obligations laid down by the Order or by a wrongful act or failure to act. The Supplier shall be responsible for the consequences of their failures even if attributable to its employees, officers, directors, agents, subcontractors and / or suppliers.
ARTICLE 13 - RIGHT OF WITHDRAWAL
13.1 In accordance with the provisions of the Consumer Code, as amended by Legislative Decree no. N. 21/2014, the Customer who has the capacity of consumer and, therefore, the natural person who is acting for purposes unrelated to professional, has the right to terminate the purchase contract, without giving any reason and without incurring any other costs those specified in paragraph 13.3, no later than fourteen days after delivery, or the day on which the Customer or a third party designated by the latter acquires physical possession of the goods purchased. The conditions and the procedure for exercising that right will be specified in the following paragraphs.
13.2 The customer who wishes to exercise the right of withdrawal referred to in the preceding paragraph must send a written request to e_mail firstname.lastname@example.org cob object "I want to exercise the right of withdrawal" by specifying the order number for which you want to make one or more products and ultimately provide their bank or card.
On receipt of the notice of withdrawal, the COMPUTERS & OFFICE Joseph Improta send the customer an e-mail with confirmation of receipt provided with authorization number, which must be attached to the outside of the neck relative to the product being returned, and notify also to customer contacts the courier, authorized to pick up the free product. The Customer is invited to entrust the product only to the carrier specified in the mail for authorization and not to other couriers.
After the procedure specified above, the Customer must send goods, accurately packaged in their original packaging, the outside of which affix the form that was sent through the courier indicated, to the following address:
COMPUTERS & OFFICE OF GIUSEPPE IMPROTA
Via Capuozzo, 39
80046 San Giorgio a Cremano (NA)
13.3 The shipment of goods to be made must be made no later than 14 days from the date on which the Customer has notified the COMPUTERS & OFFICE decision to withdraw from the purchase contract.
COMPUTERS & OFFICE, in accordance with the provisions of art. 56 of Legislative Decree no. n. 21/2014, once verified that the conditions referred to in paragraph 4, it will refund the customer the cost of the product within 14 days of receipt of notice of withdrawal, without prejudice to the right to withhold the reimbursement until the date of return of the product at its stores, or until the date on which the Customer will send proof of actual shipment and delivery of the goods to the carrier. COMPUTERS & OFFICE is not required to reimburse additional costs if the customer has chosen a type of delivery other than the type of delivery less expensive offer. The refund will be by the same methods used by the customer where possible to purchase or, if specifically requested by bank transfer, transfer credit card, PayPal or money order refund (in this case, the charges will be borne by the customer) . In the case of orders for which funding has been provided, the refund will be made in accordance with agreements between the parties.
13.4 The right of withdrawal is subject to the following mandatory conditions:
The Client may exercise the right of withdrawal only with regard to the whole product; will not be possible to return only a portion of the product (for ex. accessories, etc ...);
Once opened, you can not make products:
the product purchased must be returned in its original packaging, complete with all accessories and documentation;
the product must be returned in perfect condition, will not be accepted products that show signs of damage, wear or dirt;
the returned product must bear the same serial number on the invoice, otherwise, if the serial number was different, the withdrawal will not be accepted and the product is again made available to the customer without any refund by the economic COMPUTERS & OFFICE against him;
because COMPUTERS & OFFICE bear the cost of sending the courier at the address given by the customer to pick up the goods to make the same amount of only refund the price of the product;
shipping for the return of the product is the responsibility of the customer until such time as COMPUTERS & OFFICE acknowledge receiving the product;
in the event that the product suffers damage during the return at the warehouse, it will be the COMPUTERS & OFFICE communicate this to the customer to enable him to file a complaint against the carrier of his choice and obtain a refund of the value of the property, if this is ensured; therefore, it will put the product available to the customer, eliminating the withdrawal.
13.5 The right of withdrawal does not apply if the Customer fails to return the goods within 14 days from the date on which he communicated the termination. The deadline is met if the customer sends the goods before the expiry of 14 days.
The right of withdrawal does not apply also in the event of a substantial defect of the returned product (lack inner package and / or documentation and / or original packaging; absence of parts and accessories of the product, damage, unsuitable return status) and in general in the case of failure to comply with the conditions referred to in paragraph n. 4.
In all cases of forfeiture of the right of withdrawal, COMPUTERS & OFFICE will return the goods to the customer who will not be entitled to any refund.
ARTICLE 14 - Waiver of purchase
Please be informed that the Customer is entitled to reject the goods at the time of delivery. It does, however, note that the issuance of the credit note for refund, in case of advance payment (credit card, Paypal, bank transfer) will be reversed shipping charges up to the delivery address specified by the customer . Therefore, we will pay only the amount of the product.