The contractual relationship resulting from acceptance of each individual order is governed by the standards described in these general terms of sale.
The purchaser waives any other general purchasing conditions, unless otherwise specifically accepted in writing by VIMAR.
The purchase order is irrevocable and binding for the purchaser, and shall be considered accepted when the purchaser receives formal confirmation thereof from VIMAR. Once confirmed, the purchase order may not be cancelled without the prior written consent of VIMAR. In this event, VIMAR shall have the right to a suitable indemnity for the expenses and costs sustained in beginning to fulfill the order.
The prices indicated in the sale catalogues/price lists are purely indicative, and may change during the validity period of the catalogues/price lists themselves due to increased production costs. Once confirmed according to the procedures set forth in art. 2, the sale prices indicated in the order shall become binding, except in the event of unforeseen increases in production costs beyond VIMAR's control. In this event VIMAR shall inform the purchaser of the price increase, indicating the cause thereof.
Delivery terms are purely indicative unless specifically agreed otherwise. Should the manufacturer be unable to fulfill the order due to circumstances of force majeure, irregular supply of raw materials or other unforeseeable circumstances, the terms of delivery shall be considered extended, and the new terms will be established by mutual agreement between the parties.
Products will be delivered to the purchaser ex-works (EXW) from the VIMAR facilities in Vicenza (Italy) (Incoterms® 2010). The costs of packaging the products will be charged to the purchaser, and billed at cost.
The purchaser undertakes to verify the quantity and state of the shipped packages in confrontation with the carrier or forwarding agent. Any complaints regarding quantity discrepancies or damaged packages must be notified within 8 days from receipt of the goods. No Products may be returned unless previously agreed upon with VIMAR. In any case return of items which are not included in the price list currently in force at the time of the request will not be taken into consideration. In the case of authorized returns, the Products will have to be returned via free port and packing free of charge and shall be credited at the purchase price with a deduction from 10% to 30% for inspection and repackaging costs.
VIMAR does hereby represent and warrant that the Products shall comply with the technical specifications available in VIMAR’s catalogues and literature in general.
The products are guaranteed for the period of three years from the date of purchase.
In order to enforce the guarantee, purchaser must report the non-conformity in writing to the vendor within two months of the date of its discovery, failing which his rights will lapse. In the event of non-conformity, the consumer may request VIMAR to repair or to replace the defective products. VIMAR guarantees to replace or to repair the defective products free of charge.
The guarantee shall not operate in the event of improper use of the products. Equally, non-conformities due to negligent or careless use, failure to comply with the instructions for operation of the equipment, installation in places that require specific safety standard, installation or maintenance performed by unauthorized personnel, damage caused during transport or by circumstances unrelated to manufacturing defects and/or non-conformity of the products are not covered by the present guarantee.
VIMAR declines all liability for damage or injury which may be caused directly or indirectly to persons, property and domestic animals as a result of failure to comply with the instructions given in VIMAR’s catalogues and literature, in particular those related to installation, use and maintenance of the product.
This warranty is given in lieu of any additional warranty on the merchantability, quality and fitness for purpose. Consequently, except in case it is proven VIMAR's gross negligence, VIMAR shall not be liable for any direct or indirect damage or loss of profit due to the misuse, the inability to use, or the incorporation of the Products in other products.
The Products must be installed and/or used in compliance with their technical specifications and instructions provided by VIMAR; they must also be installed and/or used in observance of the regulations and requirements governing the installation and/or use of electrical material in force in the country where the products are installed and/or used.
Purchaser expressly relieves VIMAR of any liability in case the ordered products do not comply with the rules and/or standard and/or technical specifications in force in the country where they are delivered or installed in. Ordering the products Purchaser expressly declares that he has carried out all the necessary investigations regarding the compatibility of standards in force in the country for which they are purchased.
Payments must be made according to the procedures notified by VIMAR. Failure to pay invoices, in full or in part, beyond the established due date shall immediately lead to the application of interest at the rate as per D.Lgs. 9th October 2002, n. 231, in addition to any bank charges and commissions.
Failure to pay for any reason shall authorize VIMAR to suspend additional shipments of material.
Under the terms of art. 10 of the law 196/2003, the purchaser is hereby informed that all personal information shall be entered into the VIMAR database, as a necessary aspect of correctly upholding the contractual relationship and compliance with certain legal requirements, as well as for statistical, commercial, marketing, promotional purposes, credit protection, management and transfer thereof. The personal information of the purchaser is processed by automated means and by authorized persons, with the use of security measures aimed at ensuring confidentiality. The personal information of the purchaser may be notified to public agencies, other firms within the group, credit retrieval firms or firms, consortia or associations for commercial, market research, and marketing purposes.
VIMAR S.p.A. is the owner of processed data, whom the purchaser may contact to exercise his rights as set forth in article 13 of the law cited above. To this end the purchaser is hereby informed that he may access his own personal information at any time, and request that it be updated, corrected, or deleted and/or refuse to allow processing thereof.
The rights and obligations of the Parties are governed by Italian law, and the Court of Bassano del Grappa has non-exclusive jurisdiction over any controversy that may arise in relation to the sale of the products. The purchaser irrevocably accepts the jurisdiction of the Court of Bassano del Grappa should VIMAR file suit with said court.