Ari Tech Srl (hereinafter “Ari Tech”) and the buyer (hereinafter “customer”) agree that the supply of machineries and/or other article (hereinafter "products") manufactured and/or commercialized by Ari Tech will be regulated by the following conditions:


 

Art. 1 - Application of the contract
1.1 The following "General sales conditions" are an integral part of any commercial proposal regarding the sale of products commercialized by Ari Tech.

Art. 2 - Prices applied
2.1 The prices applied to the products are those agreed with the customer at the act of signing the purchase contract.
2.2 The prices quoted, unless explicitly agreed, are meant ex-works Ari Tech factory and do not include the costs related to packaging and installation at the customer's factory and have a validity of 30 days from the issue date of the quotation itself.

Art. 3 - Technical specifications and availability of products
3.1 The products are not supplied for testing.
3.2 The customer is solely responsible for the choice of the products ordered and is therefore his responsibility to ensure that the material requested to Ari Tech suites their needs.
3.3 Since Ari Tech products are not sold by sample, the weight, dimensions and specifications provided in the quotation are approximate and are not in any case contractually binding, unless explicitly agreed.
3.4 If one or more products ordered are not available in stock, Ari Tech will not proceed to the shipment before all the material ordered is available unless specifically requested by the customer.

Art. 4 - Delivery Terms
4.1 The delivery terms, taking into consideration the type of product ordered, are indicative and not binding.
4.2 Any delay in delivery, unless otherwise agreed at the signing of the contract, does not entitle the customer to any form of compensation nor to the termination of the contract of sale or reduction of the agreed price.
4.3 Ari Tech is not liable for delays in delivery caused by non-fulfillment by the customer such as the failure to provide an adequate quantity of testing materials and comply with th+A10e technical tests in accordance with instructions received and / or the non-fulfillment of the necessary formalities for the eventual installation.

Art. 5 - Delivery
5.1 The products are made available to the customer ex works Ari Tech factory.
5.2 The withdrawal of products can be made directly by the customer or by a carrier designated by him.
5.3 The products travel at the sole risk of the customer even if, notwithstanding art. 2.1 of these "General sales conditions", the parties agree for a different delivery term.
5.4 Insurance policies will be issued only upon explicit request from the customer who will bear the costs thereof.
5.5 Failure to pay, even if partially or relative to previous supplies, gives Ari Tech the right to suspend deliveries in progress.

Art. 6 - Payment Terms
6.1 Being understood the provisions of art. 5.5, the violation of the agreed terms of payment entitles Ari Tech to the compensation for all damages and reimbursement of the incurred expenses.
6.2 In the event of non-payment within the deadline Ari Tech will apply the provisions of Directive 2011/7/EU dated February 16th, 2011 implemented bythe Italian law with the Legislative Decree no. 192 dated November 9th, 2012.

Art. 7 - Solve et repete
7.1 The customer can not under any circumstances assert defects, inconsistency or lack of quality of the products purchased nor delivery delays until the amount due is fully paid.

Art. 8 - Warranty
8.1 The products supplied by Ari Tech are covered by a warranty of 6 months starting from installation (where applicable), or from the delivery of the same.
8.2 Products which result damaged due to carelessness, negligence or improper handling by the customer, as well as parts subject to normal wear are not covered by the warranty.
8.3 The customer is obliged to carry out regular maintenance as described in the "Use and maintenance manual" supplied with the machine, including cleaning and lubrication of the sliding parts. The damages resulting from this lack are not covered by warranty.
8.4 The replacement of parts, the repair or the replacement of the damaged device under warranty, will be performed only for products delivered to Ari Tech's factory at the customer's expenses.
8.5 In case of repair the customer will grant Ari Tech the time required for this operation to be carried out in the technically and economically more advantageous way.
8.6 The repair or replacement of parts of the product does not alter in any way the duration and effect of the warranty.
8.7 Ari Tech is not liable for damages caused by the installation of non-original spare parts or changes made independently by the customer.
8.8 Moreover, Ari Tech is not responsible in any way for direct or indirect damages resulting from use of defective or non-compliant material including those caused to the customer or any third party from the product or its use.

Art. 9 - Compensation for damages and penalty
9.1 If the customer defaults, even partially, on the order placed, Ari Tech may demand the execution of the sale or, alternatively, the payment of a penalty equal to 30% of the purchase contract.

Art. 10 - Amendments to the contract
10.1 Any request to modify the sales contract must be submitted to the sales office using only the written form.
10.2 Requests for changes to the contract won't be accepted after the beginning of manufacturing of the products.

Art. 11 - Protection of know-how, drawings and technical documents
11.1 The customer agrees to keep all technical and commercial information of which it becomes aware during the signing of the contract strictly confidential.
11.2 Also the know-how, drawings and technical documents provided to the customer for commercial purposes (including, without limitation, the ones covered by patents) are covered by the bond of confidentiality.
11.3 Any software installed on the products is granted to the customer in non-exclusive use, and it is non-transferable and protected by intellectual property rights.

Art. 12 - Jurisdiction
12.1 If disputes of any kind relating to the interpretation, execution and termination of these "General sales conditions" emerge, the exclusive jurisdictional competence will be held the Court of Brescia. However, notwithstanding, Ari Tech has the right to bring the dispute to the attention of the competent court at the customer site.
12.2 The sale agreement between Ari Tech and the customer is exclusively governed by the Italian law (art. 1470 and following of the Civil Code).
12.3 The application of the "Convention on the International Sale of Goods" (CISG - 1980) is expressly excluded.

Art. 13 - Privacy
The customer authorizes Ari Tech, in its legal representative pro tempore, to the processing of personal data complying with the Italian Legislative Decree. 196 dated June 30th, 2003.

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