Copyright

All contents of the piu39av.com website, including texts, documents, images, trademarks, logos, graphics are the property of più39 srl and are governed by international copyright laws (right of reproduction). Such contents may be made available and used by third parties exclusively for the purpose of promoting più39 srl and/or the trademarks distributed by it, with the obligation to maintain their appearance, composition and content unchanged. The license to use is granted only with prior written authorization from più39 srl, which retains ownership of the contents and may revoke it at any time. However, a license is granted for the use of all documentation and individual product sheets subject to modification of the same. più39 srl does not declare or guarantee that use of the content of this website will not violate any rights of third parties.

 

Disclaimer

All information contained in this site is provided “as is” without any express or implied warranty of any kind, by più39 srl as a service to its customers. Such information is periodically verified and updated. più39 s.rl. declines all responsibility arising from any inaccuracies, inaccuracies, failure to update or incompleteness of any item contained in the site for the impossibility of satisfying any intended purpose. più39 srl declines all responsibility for injuries or damages, direct or indirect or consequential economic losses, caused by the use or the inability to use or rely on the information contained in this site. Access and use are at the sole risk of the user. più39 srl may at any time make changes to the products and the content of the site without notice.

 

 

General Conditions of Sale

The Client is required to carefully read the terms and conditions of sale of the products and services marketed by più39 srl, towards its Customers, located both in Italy and abroad.

  1. Application. The contractual relationship resulting from the completion of each individual order is governed by the rules contained in these General Conditions. The Customer waives any of its own general purchasing conditions, unless otherwise specifically agreed in writing by più39 srl
  2. Irrevocability of orders. The purchase order is considered perfected and is irrevocable for the Client when the Client receives formal confirmation from più39 srl. Once confirmed, the purchase order cannot be cancelled without the prior written consent of più39 srl. In this case, più39 srl is entitled to request appropriate compensation for the expenses and charges incurred due to the initiation of the order. The order remains irrevocable by the Client, even if there is a change in sales prices.
  3. Prices. The prices indicated in the catalogues/price lists and sales quotations are purely indicative and may be subject to change during the validity of the catalogues/price lists themselves due to variations in production costs. Once confirmed in the manner established by art. 2, the sales prices indicated in the order will become binding, except for the occurrence of unforeseeable increases in production costs independent of the will of più39 srl which will communicate the price increases to the Client.
  4. Delivery. The delivery of the products to the Customer will take place EXW (Incoterms®2010) plants più39 srl (Castano Primo(MI) – ITALY). The cost of packaging the products is borne by the Customer and will be invoiced at cost price. The delivery terms, unless otherwise explicitly agreed, are indicative only. In the event that the execution of the order is prevented by the occurrence of circumstances of force majeure, by the lack of regularity of supplies of raw materials or by other unforeseeable circumstances that have arisen, the delivery terms will be considered extended and the new terms will be established by mutual agreement between the parties.
  5. Complaints. All apparent defects, not attributable to transport, must be reported by the Customer in writing to più39 srl within 8 days of the date of receipt of the products. In no case is the recipient allowed to tamper with the product, dismantling it or modifying its original conditions, under penalty of forfeiture of any liability of più39 srl. The Customer undertakes to verify the quantitative conformity and integrity of the packages sent in consultation with the carrier or the forwarder. Any complaints for quantitative differences or damaged packages must be communicated within 8 days of receipt of the goods. Returns of products are not permitted unless previously agreed and defined with più39 srl. In cases of authorized returns, the products must be returned ex works più39 srl (Castano Primo(MI) – ITALY). In any case, requests for returns for items not present in the price list in force at the time of the request will not be taken into consideration.
  6. Warranty. The warranty period for più39 srl products and those distributed is 24 months from the date of invoice, unless otherwise indicated in writing. The warranty consists in the repair or supply of new parts (at its sole and unquestionable discretion) of those parts which, within the warranty period, present recognized defects in materials or construction or workmanship such as to make them unsuitable for the use for which they are intended. The above excludes any liability of più39 srl for direct or indirect damages of any nature and for any reason, which più39 srl will therefore not be required to compensate. The parts to be repaired or supplied as new must be delivered EXW (Incoterms® 2010) più39 srl factories (Castano Primo(MI) – ITALY). The Customer loses all rights to the warranty if: he does not observe, even once, the agreed payment conditions; the reported faults are attributable to the responsibility of the Customer himself, his employees or third parties, for reasons such as: poor installation, inexperience, imprudence, incorrect or abnormal use, overloading, poor or defective maintenance; has directly carried out or had third parties carry out modifications or in any case tampering with the products, including replacements of parts and components subject to the guarantee, without the prior authorisation of più39 srl; for reasons of force majeure. Repairs, replacements and modifications must be paid for, where they are not included among those under guarantee, at the time of delivery or their execution. Failing this, più39 srl has the right to retain the product and the repaired material. All parts of the products which, by their nature or use, are subject to normal wear and tear or inevitable deterioration are excluded from the guarantee.
  7. Resale and installation of products. Resellers who purchase products from più39 srl, either directly or indirectly, undertake to respect the sales prices suggested by più39 srl. No product may be exported outside the country to which più39 srl has destined it. The products must be installed and/or used in compliance with their technical characteristics and the instructions provided by più39 srl; furthermore, they must be installed and/or used in compliance with the safety provisions and with the provisions governing the installation and/or use of electrical material in force in the country where the products are installed and/or used. To this end, the Customer expressly indemnifies più39 srl from any liability in relation to improper use, failure to comply with safety regulations, technical specifications and instructions for use.
  8. Payments. Unless otherwise agreed between più39 srl and the individual Client, payments must be made by bank transfer to be carried out upon confirmation of the order. The sums paid as a confirmatory deposit are always non-interest-bearing. Such sums may be retained pursuant to art. 1385 of the Civil Code, if the Client revokes the order, as compensation for damages suffered, without prejudice to further compensation for greater damages suffered. Any deferred payment by issuing bills of exchange, cheques and the issuing of drafts is deemed to have been made and accepted “subject to collection and pro solvendo” and therefore does not constitute payment or novation of the original relationship. Any area agents and representatives of più39 srl may not proceed with collections of any kind unless they have written authorisation; failing this, payment is made at the Client’s risk. The Client cannot delay or suspend payments for any reason, even if disputes or complaints have arisen; nor can he initiate legal action against più39 srl if he has not first provided for the extinction of his debt. Failure to pay for any reason will authorize più39 srl to suspend further shipments of material.
  9. Default interest. In the event of late payment, the Client will be required to pay più39 srl default interest equal to the sum of the ECB MRO rate + 10 points (DL N. 231/2002), without prejudice to the right to issue a bill of exchange at sight, as well as to pay any costs, pursuant to art. 6 of the same decree, that più39 srl may incur for the recovery of its credit, without prejudice to further compensation for greater damages suffered.
  10. Retention of title. All goods supplied by più39 srl remain the exclusive property of the same until full payment. Therefore, the sale is made and accepted with the retention of title pursuant to art. 1523 et seq. of the Civil Code. During this period, the Client assumes the obligations and responsibilities of the custodian of the goods supplied and undertakes to guard and insure them against any cause of damage, destruction, loss, etc. Più39 srl has the right to have the privilege pursuant to art. 2762 of the Civil Code transcribed, as a precautionary measure and without prejudice to the retention of title and the transcription itself. The costs of registering the contract and its transcription at the registry of the Court, pursuant to art. 1525 and 2762 of the Civil Code, are borne by the Client. Until they are paid in full, the products supplied may be claimed by più39 srl wherever they are located, even if joined or incorporated into goods owned by the Client or third parties, the legal regime of appurtenances and accessions not being valid for them. The Client undertakes to immediately report to più39 srl any conservative and executive actions promoted by third parties, as well as any removal or relocation of the goods supplied. In the event of failure to pay even a single instalment of the agreed price, più39 srl reserves the right to request the termination of the contract and the return of the goods sold. Partial payments already made will remain acquired in favour of più39 srl as a penalty and use, without prejudice to further compensation for greater damages suffered.
  11. Miscellaneous. The assignment by the Client of the rights or duties arising from the contract, without the prior written consent of più39 srl, will be considered null and void. più39 srl will have the right to assign, at any time, to third parties the credits arising from the contract, after having notified the Client in writing. The total or partial invalidity of one or more clauses of these General Conditions will have no effect on the validity of the remaining clauses. It is understood that any tolerance of violations of these General Conditions may in no way be interpreted as a waiver to exercise the rights and/or powers connected to them or resulting therefrom.
  12. Privacy. Pursuant to art. 10 of law 196/2003, the Client is informed that his/her personal data are entered into the più39 srl database, as this is necessary for the correct performance of the contractual relationship and for the fulfillment of certain legal provisions, as well as for statistical, commercial, marketing, promotional, credit protection, management and transfer purposes. The Client’s personal data are processed through automated and paper-based tools by authorized parties, with the use of security measures designed to guarantee confidentiality. The Client’s personal data may be communicated to public bodies, group companies, debt collection companies or companies, consortia, or associations with commercial, market research, or marketing purposes. The data controller is più39 srl, to whom the Client may contact to exercise the rights under article 13 of the aforementioned law. To this end, the Client is informed that at any time he/she can have access to his/her personal data, requesting their updating, rectification or cancellation and/or oppose their processing.
  13. Jurisdiction and forum. The rights and obligations of the parties are governed by Italian law, which agree that the exclusive competent forum is that of Palermo, thus derogating the competence of any possible competing forum.

 

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