Terms of Sale and Repairs

These general terms and conditions of sale, hereinafter referred to as "T&Cs," set out the rights and obligations between our Company and the clients.

These T&Cs apply to all sales and services provided by our Company to clients, regardless of any clauses that may appear on the client’s documents, including their general terms of purchase.

Any order, even verbal, implies the client’s unconditional acceptance of these T&Cs and their renunciation of invoking any contrary clause appearing on their own commercial documents.

Deviations are only permitted if expressly stated in the wording of our offers or acceptances in precise terms.

All annex clauses, modifications, supplements, and explanations to these T&Cs that are legally relevant must be in written form to be valid.

If any provision of these T&Cs is or becomes null or invalid, the validity and effectiveness of the other provisions shall remain unaffected. In such cases, the invalid provision must be reinterpreted or supplemented to align with the intended regulation.

Our Company is authorized to modify or supplement these T&Cs at any time.

The client is encouraged to review them before placing any order to ensure they have read the latest version. Ongoing orders will be processed under the previously valid T&Cs.

Our Company retains full ownership of the sold equipment until full payment of the price.

From the moment of delivery and notwithstanding the fact that our Company remains the owner of the sold equipment, the client assumes the risks that the equipment might incur or cause.

Consequently, the insurance contracts that the client must subscribe to at their own expense must include coverage of these risks and explicitly mention the ownership status of our Company.

In the event of non-compliance by the client with any of the payment deadlines or violation of this clause, our Company, without prejudice to its rights, may demand, via registered letter with acknowledgment of receipt, the immediate return of the equipment at the client’s expense and terminate the related sale. In the event of early termination, our Company will not refund any amounts paid, whether in full or partially, to the clients.

In addition to their obligation to return the equipment at their expense, the client will owe our Company a compensation of 8% (eight percent) per month from the delivery of the equipment's net price for non-compliance with the terms of the contract.

If the equipment has been used, our Company will be entitled to claim compensatory damages.

Any deposits received from the client may be applied against the amounts that the client might owe to our Company under paragraph IV above.

Any invoice not disputed within ten days of its dispatch is deemed definitively accepted. The issuance of trade bills or acceptance of payments does not constitute a novation.

For clients with an open account in their name, the decision to open or close said account is solely at the discretion of our Company’s Management. The standard and usual payment term granted to such account holders cannot exceed 30 days end-of-month from the date of the monthly statement. Failure to comply with this deadline may result, without prior notice, in the suspension or cancellation of any credit-based deliveries. For other clients, invoices are payable in cash.

In the event of late payments, the amounts due will automatically bear interest at a rate equal to twice the legal interest rate, and the total amount due will become immediately payable without any reminder, notwithstanding previously granted payment terms.

The amount of late payment interest will be automatically deducted from any discounts, rebates, or allowances owed by the seller. Return costs for trade bills are the responsibility of the client.

Any payment delay gives the Company the right to suspend its deliveries, services, and repairs, or to cancel all or part of the ongoing orders.

If delivery is made in several installments, the payment of a deposit for any equipment made available will be settled as if such equipment were the subject of a separate and independent order.

Delivery deadlines are provided for informational purposes only, unless a specific written agreement constitutes a firm commitment by our Company.

These deadlines begin to run from the moment the order is accepted by the Management of our Company. Only in cases where the delay in delivery or service provision exceeds sixty days may the client cancel their order without being entitled to any claim other than the refund of any deposits received.

Our Company cannot be held responsible for delays caused by suppliers, carriers, forwarders, and other third parties involved in the logistics of our Company.

In cases where, for reasons beyond the control of our Company (such as: supply stoppages, program modifications, factory closures, etc.) or in cases of force majeure, the execution of an order must be suspended or stopped, the buyer will be asked to choose between an extension of the execution period, the termination of the order, or a substitute order.

The buyer must inform our Company of their decision within two weeks and no later than three months before the new proposed delivery date, unless explicitly stipulated otherwise by our Company.

Our Company, concerning components of equipment not manufactured by it, limits its involvement to passing on the warranty provided by their respective manufacturers to the client.

Our Company, concerning components manufactured or refurbished by it and repairs involving complete refurbishment, grants, unless stated otherwise, the following limited warranties:

(The duration of this warranty is either six hundred hours of use or six months from the date of delivery of the equipment or its commissioning at the client’s site, whichever occurs first. In no case shall commissioning occur more than 21 days after delivery without reducing the aforementioned warranty duration.)

• The warranty obligation cannot be invoked if equipment failures originate from:
• Normal wear and tear of the equipment;
• Use of the equipment different from its intended design and manufacturing purpose;
• Failure to follow maintenance and inspection guidelines, modifications, or interventions not performed by our Company or its designated agents;
• Addition or use of parts, components, or accessories other than those manufactured and/or sold or simply recommended by our Company, or of non-equivalent quality to these.

Our Company reserves the right to suspend or discontinue its warranty services in the event of the client’s delay in settling any amounts due for any reason.

The client may only invoke the benefits of one or more of the warranties set out in this article if such warranty is expressly mentioned in the contractual documents (purchase orders, sales or repair invoices, proposals, or market quotes).

When formally granted, the warranty is strictly limited to the replacement of defective parts or, at our discretion, the refurbishment or repair of such parts, or, in the case of refurbishment work, redoing such work on defective components or machines. All other costs, particularly transportation or additional labor, are the responsibility of the client.

If the defectiveness of parts or repair or refurbishment work is not recognized by our Company’s technical services, the client must provide evidence of such defectiveness to our Company.

The warranty never applies to routine on-site repairs or incomplete or temporary repairs carried out as such at the client’s request (it being recalled that, in all cases, the warranty must be explicitly granted and mentioned as outlined above in Article 13).

IN NO CASE shall our Company be held liable for any amount claimed for losses or lost profits resulting from the immobilization of equipment, regardless of its duration.

Our Company cannot be held responsible for the safekeeping of materials or equipment entrusted to it. This responsibility is limited to repairs, restoration, and replacement of materials or parts that may be necessary, without any entitlement to damages for any reason or under any pretext.

Our Company is not liable for any deterioration of devices or machines entrusted to or ordered from it, after a period of fifteen days following the dispatch of the availability notice serving as delivery.

Our Company accepts no responsibility for the choice of a shipper or carrier, nor for shipping operations or related activities.

Assembly, demonstration, or use of equipment: the personnel that our clients provide for on-site assembly work, demonstrations, or use of equipment cannot, under any form or for any reason, engage the liability of our Company. Clients remain solely civilly liable at all times for the actions of their personnel.