1. ACCEPTANCE AND CANCELLATION OF ORDERS
Any agreement for the properties surrender made between RedTide (in succession named "Seller") and his client (in succession "Buyer") or any order made by the Buyer to the Seller, it can be cancelled at the Buyer's only after the preventive consent written about the Seller, who will happen to his complete discretion. In case of cancellation the Buyer will pay all the expenses and the burdens ensuing from the annulment of the order.
2. ESTIMATES AND ORDER ORDER CONFIRMATION
The offers and / or the estimates of the Seller can be based on third persons quotation. All the estimates done by the Seller are not binding and the Buyer has no right of imposing the quotation as a binding agreement for the sale. If not specifically agreed on all the confirmations of order (it proforms Invoices) they remain bound to the availability from the materials. Unless it has been specified expressly in the invoice it proforms, the Seller books the right for himself to make partial deliveries.
3. DELIVERY OF GOODS
All the quotations are meant to be EX WORKS "franchise factory" about the Seller (or in case of his subcontractor). The risk of loss or damage of the properties is transferred to the Buyer when the goods at the Seller's (or his subcontractors) are given to a common vector selected by the Seller for the forwarding on indication of the Buyer. Unless it is indicated expressly on the front of this agreement, the buyer must pay all the costs relative to transport, move, special treatment, delivery, assurance and so on The Seller can refuse, hang or slow down any forwarding if Buyer does not pay to the Seller on time, or if it does not respect the agreements relative on the payments, taken between the parts. The seller books the right for himself to deliver the goods object of this agreement in an only solution or in partial solutions. The delivery times are only indicative and are calculated from the date of the invoice proshape of the seller The Seller will not be able in any case to be considered responsible for delayed delivery.
4. RESERVE OF PROPERTY'
The Seller maintains the headline of property of the properties until it receives the payment as in succession specified:
(a) The seller books for himself the property of any delivered goods until it receives the complete and integral payment of all the sums owed by the buyer.
(b) The buyer has the right of retailing the properties given by the Seller independently at the retention of property of the Seller's on condition nevertheless, that when it happens, the Seller has the right of receiving automatically from the Client of the Buyer the payment for a corresponding sum to all that fixed between the parts. In default of payment the Seller will exercise the right of recovering the credit directly at the Client's of the Buyer's, informing it beforehand about this. The Buyer will co-operate loyally in this activity with the Seller supplying all the pertinent information and documentation on the assigned rights, included all the details on the debtors and all the necessary information and the documentation in relation to the necessity of the Seller for the recovery operations credits, included the confirmation of the Buyer that the collection rights are assigned to the Seller. The surrender of the rights to the Seller in no case releases the Buyer from his obligations towards the seller.
(c) The Buyer will must to ensure at his own expense the goods constituted by reserve of property suitably, against the theft, destruction, fires and damages of water.
5. TERMS OF PAYMENT
The Buyer must pay the goods completely, without compensation or deduction, within the granted times and with the formalities indicated on the front of the present agreement. The Buyer must pay to the Seller, at request, a delay of 1,5 % in the month calculated on the sum.
6. OBLIGATION OF THE BUYER OF EXAMINING THE PROPERTIES AND THE RIGHT OF RESTITUTION OF THE GOODS
(a) The Buyer, as quickly as possible and whichever before receiving other goods, avoiding mixing the properties / products with others, and within a maximum of 15 days with the receiving of each forwarding, it is wanted to examine, to test and to make whichever the control keeps necessary in order to determine if it exists, defectiveness, damage or lack.
Whichever the claim for possible defects should damn, or wants, or by any reason (you gaze the present contract, negligence, objective responsibility, fault or other) they consider themselves absolutely without effect unless the Seller has received communication in written form from the Buyer, within 15 days after the receiving of the goods, independently from the fact which possible defects have had been highlit later on.
7. LIMITATION OF GUARANTEE AND LIMITATION OF RESPONSIBILITY'
(a) the Seller behaves exclusively as an independent distributor and not like producer of the goods, as a result only the producer of the goods is responsible in front of the Buyer and to third parts for possible defects or ¼á½ýõÒ¡µý«¡á¼Ñ¡Ô¿, in this connection the Seller will be responsible for possible claims, damages, obligations, costs or expenses relative to the properties distributed or sold only as far as mentioned explicitly in the present contract. The Buyer undertakes to apply exclusively to the producer for the conformity with the guarantee of the producer and for each maintenance, support or repairing of the goods. The Seller does not assign to the Buyer any guarantee, right to the maintenance, assistance and repairing, and any other right in relation to the goods in all that of these it the producer answers only, with exception of all that brought back in the present contract and at the disposal there contained.
(b) The codes use number or other description / identification methods on the front of this document it is alone for comfort and it does not constitute any declaration from the seller who as offered you respect the performances, detailed bills, or fitness of any part and for any reason.
(c) Possible guarantees, they are supplied by the producer and the Seller does not offer any type of guarantee. The goods sold in accordance with the present contract are sold “so as they are”.
(d) The compensation of the Buyer will happen in any case at discretion of the Seller, according to the single cases, and, in any case, the allowed maximum repayment will not be able to exceed the price of purchase of the properties. The Seller will not be considered a responsible person for repairing, replacements or other damages that will derive from the utilisation of the properties, from there towards the Buyer from there towards third parts, be that you yourself deal with loss of data, business, profit, image or with any another type.
(e) The Seller will not be able to be considered responsible for possible damages to the staff to third persons or moral damages towards the Buyer or the same clients Pertanto l' Acquirente assumes the full responsibility for all the personal and patrimonial lesions and the damages connected with the manipulation, the transport, the detention, the treatment, the further working or another utilisation or the resale of the properties, be that the products are used singly or in combination with any other material.
(f) HIGH RISK ACTIVITIES:
The Buyer recognises that the properties supplied within the bounds of the present agreement are destined to commercial series e uses they are not planned, manufacture you or appoint you to use or resale in critical applications, parts, products or in any environment to high risk or dangerous that ask for sure performances (for example in the aviation, in the applications of vital support, in nuclear installations, in the offshore installations , in connection with the functioning, the control or the monitoring of an anyone of the mentioned activities, and so on), or in any other connection in which the breakdown of the products might lead to the death, personal lesions or heavy physical or environmental damages. The Seller denies expressly any expressed or implicit guarantee of fitness for one of such utilisation and the Buyer undertakes to free, to indemnify, to save and to hold unhurt the Seller with each and any responsibility (included the responsibility for the product) resultant or in relation to any use of the goods in each activity to high risk.
(g) Goods sensitive to the dampness: Some products are sensitive to the dampness. The packages that contain the goods or similar they might have been opened in customs field or elsewhere before the delivery. The Buyer is exclusive responsibility to guarantee that the product is fit, to make a cycle in oven or in any case dried before the use or the resale.
(h) Illegal substances: the Seller neither assumes any responsibility, nor guarantees that, the products on sale do not contain illegal esteemed substances in accordance with the directive 2002/95/Council of Europe of the European Parliament and of the Council, in January 27 2003 on the restriction of the use of determinate dangerous substances in the electric and electronic equipment, in possible modifications to such a directive, or in any normativeness of law local in point of equal or similar requirements. The Buyer assumes each and any risk that the products could contain such substances and the Buyer is engaged to nthe Seller with any responsibility entered into partnership with the same thing.
8. RESPONSIBILITY FOR THE PRODUCT
(a) In spite of any contrary disposition at the preceding point 6, the Seller will not have responsibility towards the buyer in the measure in which this one cannot be excluded or denied in accordance with the applicable laws about the responsibility for the product.
(b) In the case in which the properties are given to another Buyer, he who has entertained the first report with the Seller, will ensure the act with any responsibility towards his Client. In the cases in which he is a Seller and the buyer be responsible sentences, the buyer will make himself loaded with the responsibilities final.
(b) In case of defect or prominent damage, the Buyer undertakes to inform of it at the right time the Seller in conformity with the point 6 (a) and it will have to ask for a Return Material Autorization (RMA) at the Seller's in order to be able to return the product. The technical Service will record clients of the Seller and will analyse all the requests within the estimated terms and, if you approve, will inform of the Buyer the number of authorisation necessary for the restitution. The Buyer is held to return to the Seller the damaged or defective goods within 5 days after having obtained the number of RMA. Called number will have to be brought back and to be enclosed with all the packages contained the returned goods. No return of any type will be accepted without the number of enclosed RMA. If the Buyer does not ask the Seller for an RMA and it returns, in any case, the properties, it will be at discretion of the Seller to accept the returned one, to emit relative RMA and to subordinate the possible compensation to the acceptance of the returned one, keeping possible expenses back. No good can be returned at the Buyer's, after 5 days at the receiving of the number of RMA of authorisation.
In case of non-fulfilment from the Buyer, the Seller will carry all the solutions out according to law to recover the own credit. The buyer must pay to the seller, at request, all the costs supported by the Seller to make being respected, to pursue or to defend a disposition of the present agreement. With the purposes of the present agreement, the "costs" include the expenses for experts, lawyers, mediators, witnesses, arbitrators, recovery agents credits, if supported beforehand or after the request or the beginning of judicial progresses, and if supported in virtue or in connection with judgement, appeal, mediation, bankruptcy, arbitration, administrative, or judicial execution.
10. INTEGRATION AND ASSIGNATION
With the exception of all that expressed by the invoice proshape of the Seller given to the Buyer, this agreement constitutes the final, complete and exclusive agreement between the parts in relation to the themes dealt in her and substitutes each and all the oral or written preceding or contemporary agreements as to. No precontractual agreement between the parts is prominent to supplement or to explain a term used in this contract. An amendment or modification of this agreement will be valid and effective only if in written form and signed from both sides, Buyer and Seller.
11. CONDITIONS OF SALE
Properties and services given by the Seller to the Buyer are sold only in the terms and it conditions here specified. Independently any term or condition on any document of the Buyer, the information and the conditions of the present agreement are the sun that they are worth between Buyer and Seller. Possible different or additional terms or conditions contained in the order of purchase of the Buyer, invoices, confirmation, or any document generated by the Buyer are contested expressly by the Seller. In any case also in absence of an antecedent agreement discussed between Seller and Buyer, the acceptance of any product or service from the Buyer it will constitute acceptance from the Buyer of the terms and of the conditions here you indicate.
9. ORDER RETURN
The Buyer has available seven (7) working days from receipt of the order, to return the product.
If exchange or compensation, the Purchaser will, at its expense, the product in its original packaging, with all accessories, and instructions to the address indicated on the package: the 'RED TIDE - SS Sempione 33 Km. 87-28831 Baveno VB
On the use of the right of withdrawal, REDTIDE must reimburse the sum paid by the Buyer with exception of delivery charges.
Refund will be made within 15 working days..
13. RIGHTS OF INTELLECTUAL PROPERTY
The seller declines each guarantee against the violation of the respect for the properties sold in accordance with the present agreement, and the Seller is not responsible towards any real or presumed violation of patents, marks, right of author, work, straight commercial, or similar secrets of property
14. GREATER STRENGTH
The seller is exonerated from the performance of obligations ensuing from the present agreement, if the bankruptcy in performances terms is caused by events or circumstances beyond the reasonable control of the Seller, included, without limitation, acts against the state, the quarantine, industrial troubles, the blocks, the insurrections, civil disorders, boycotts, actions or omissions of the Buyer or of civil or military authority, it sets on fire, strikes, dikes, landslides, lightnings, tornado, hurricanes, storms, explosions, epidemics, floods, earthquakes, rebellions, breaking or accidents to the machines or equipment, delays in the transport, or impossibility of obtaining necessary manpower, materials or supplies.
15. APPLICABLE LAW IS CHOSEN BY THE COURT
The present contract is regulated exclusively by the laws of the ITALIAN STATE, for any ensuing controversy or in relation to the present contract the will The Court be exclusively competent.