SALES CONDITIONS


1 . ACCEPTANCE OF TERMS

1.1 These general conditions of sale govern all relations between Swisstech Srl and the Customer , unless expressly waived in special conditions agreed in writing.
1.2 These terms and conditions , as well as any special conditions , are accepted by the customer even if it differs from general or special conditions of purchase by the customer. The latter will commit Swisstech Srl only if expressly accepted with written acceptance .
1.3 Any person acting on behalf of the Client will represent and strive towards Swisstech Ltd.
 
2 . PRICES

2.1 Without prejudice to any other contractual , bids , offers and price lists are those published Swisstech Srl , however they may be amended from Swisstech Srl without notice.
2.2 Orders , even if confirmed , shall be deemed accepted subject to any rise in the prices charged by suppliers or arising from circumstances beyond the control of Swisstech Srl , in which case he is entitled to raise selling prices to the customer in proportion to the increase that it undergoes .
2.3 In the event of a price increase of more than 10% between the date of confirmation of the order and the actual delivery , the customer will be informed and may terminate the contract by communicating in writing within 5 days .
2.4 The prices charged are ex warehouse , expenses, packaging , cost of delivery, VAT and taxes , and all shipping costs and any additional services ( minimum order fee , overhead, etc. . ) are charged to the customer .
2.5. For orders less than € 100.00 (excluding VAT ) will be charged Euro 10.00 + VAT which competition expenses .
 
3 . CONCLUSION OF CONTRACT, SHIPPING AND RETURN PRODUCTS

3.1 The contract is concluded with the confirmation by Swisstech Srl order issued by the customer or by the beginning of execution. In both cases , the products shall be deemed received and accepted at the warehouse Swisstech Srl by the customer, and from that moment he became responsible , subject to the reservation of ownership in art. 10 .
3.2 In the event that the sale follows the transport of the products in a different place , the goods travel at the risk and peril of the recipient, even in case of sale or delivery made " free port " . All exceptions or reservations about the status of the goods carried must be made to the carrier by registered mail to be sent within 48 hours of receiving the goods.
 
4 . TERMS OF DELIVERY AND RULES 'OF EXECUTION ORDER

4.1 The delivery times are indicative and not essential .
4.2 Each order or delivery will be considered autonomous and independent of any other order or delivery.
4.3 Swisstech reserves the right to process the order through partial deliveries . If the customer wishes to reject any partial delivery of the goods, must declare in advance in writing .
4.4 Swisstech reserves the right not to accept a customer's order contained a demand for unique and complete avoidance of the goods ordered . In this case , the acceptance of the order by Swisstech Srl will be considered binding only if made in writing .
4.5 In the event that the delivery of the ordered goods becomes impossible or more costly in every way from causes beyond his control , Swisstech Srl may resolve , by means of a simple written notice to the customer , the contract concluded by written confirmation by Swisstech Srl .
4.6 Unless otherwise expressly agreed in writing , order fulfillment by Swisstech Srl beyond the time of expected delivery will not entitle the Customer to request the termination of the contract, except in the case of such a delay that take the form of a serious breach contract .
4.7 If the Customer wishes to terminate the contract due to a delay in delivery, shall invite in writing Swisstech Srl to process your order, or part of the order is not processed within a reasonable period of not less than 15 days . The contract will be terminated if Swisstech Srl has failed to deliver within the time allotted .
4.8 Unless the Customer has not notified in advance , in accordance with Art . 4.3, only that it intends to accept the complete fulfillment of the order, in any case, the customer may refuse or delay payment for the goods given to him on the basis of an order even partially executed.
4.9 Swisstech Srl is not obliged to accept returns of products supplied . Except with the prior written permission of Swisstech Srl , no return will be accepted if it is not intact , in their original packaging , intact, and without abrasive or labels other than the original . A return number (RMA) number obtained from Customer Service will be valid for 15 days from the date of issue and must be clearly mentioned on the packaging upon return . After that time the number (RMA ) will automatically cease to have effect and the return will not be accepted. The shipping costs are always paid by the customer . Swisstech reserves the sole right to reject all or part of the products made in the following cases : Packing missing or tampered with, incomplete sending the goods, goods that had been altered with respect to its original state.
 
5 . WARRANTY AND THE MANUFACTURER / OWNER OF THE PRODUCT

5.1 The parties acknowledge that Swisstech Srl is only a trader of products manufactured by third parties , therefore , the warranty on the proper functioning of the products delivered by Swisstech Srl is limited to that granted by the manufacturer and / or owner of the product.
5.2 If and only to the extent that this is required by the manufacturer's warranty and / or the owner of the software product marketed by Swisstech Srl , established in the case of material defects in the product Swisstech Srl will replace defective components. The validity of this guarantee is, however, strictly subject to the proper use of the product delivered as specified in the catalogs , warnings and instruction booklets made available to the user.
5.3 Complaints relating to products delivered to the customer by Swisstech Srl must be received by fax, e -mail or registered mail to the Customer Service within 8 days of receipt of goods , attaching a copy of the bill , invoice or accompanying document , exposing clearly the reasons for the complaint . After this deadline , the claim will not be accepted.
5.4 In no event Swisstech Srl guarantees that the products supplied are suitable for the specific needs of the user.
5.5 Swisstech Srl be liable for any damage to persons or property other than goods covered by the contract only if such damages arising from its willful misconduct or gross negligence and up to a maximum of € 500.00. In no event Swisstech Srl is required to indemnify the user or third party for the consequences arising from the use of the product, for direct or indirect damage , personal injury, damage to property other than the material , loss of benefit or profit, damage caused or alleged to be caused by deterioration or loss of data recorded by the user .
 
6 . CLAIMS RELATING TO BILLS

6.1 Any complaints relating to the invoices issued by Swisstech Srl must be brought to the attention of Swisstech Srl via letter sent within 10 days of receipt of the invoice. Failing that, the bills are accepted without reservation.
6.2 No claim may, in any case , justify the non-payment or the return of a payment.
 
7 . LIMITATION OF LIABILITY '

7.1 If Swisstech Srl is found liable for the total or part of their obligations under the contract , the total compensation due to the customer shall in no case exceed 10 % of the price of the goods that caused the injury .
 
8 . DEPOSIT

8.1 Advances paid by the customer are to be considered as an advance and does not constitute a deposit . Nevertheless, in the event of breach of contract by the customer , Swisstech Srl reserves the right to withhold payments on account , subject to greater damage .
 
9 . RIGHTS IN THE SOFTWARE

9.1 The rights to the software marketed by Swisstech Srl remain the property of the manufacturers and / or owners of the rights to the software , you agree that only a license to use . All rights to the software are reserved and strictly forbidden to sell the customer to a third party , license , pledge , or otherwise dispose , in return for payment or free of charge , the rights to the software.
9.2 The Customer agrees not to remove or alter the rights notices contained on the material supports the programs and the user manual , not to modify in any way the products and make them only legitimate uses and / or permitted .
9.3 The Customer undertakes , furthermore, to keep with the due diligence products by strictly enforcing all the indications of the manufacturer or retailer , in particular , the customer can not fake computer products , nor permit or encourage in any way their counterfeiting .
9.4 The Customer intermediaries between Swisstech Srl and end-users of the software must include in their terms of sale section reported in Section 9.1 or a text having the same meaning .
 
10 . RESERVATION OF OWNERSHIP '

10.1 The products remain the full property of Swisstech Srl until full payment of the price , expenses and taxes .
10.2 The Customer agrees to immediately notify Swisstech Srl , under penalty of compensation for any damages, of any seizure or confiscation by a third party of products that the customer has purchased from Swisstech Srl and which have not yet been fully paid.
10.3 If insolvency proceedings are brought , the Customer agrees to allow Swisstech Srl to take possession of its products without advance notice , the expenses related to the withdrawal of products will be borne by the customer.
10.4 In the event of non-payment , in whole or in part , at maturity, Swisstech Srl may , without the need for a preventive judicial order , take possession of such products and their accessories, Client agrees to consent to such exceptions without a fight .
 
10 . TERMS OF PAYMENT

10.1 The payment methods are:
- Bank transfer in advance
- Paypal and / or credit cards at the end of the ordering process
 
11 . LOST PAYMENTS

11.1 Failure to pay the due date of the invoice or debit note , any request for postponement of payment or any other event that results in the failure of the Customer, due to the loss of the agreed terms for the payment of products , making each credit towards Swisstech Srl the customer immediately payable , in which case also Swisstech Srl has the right to suspend the delivery of products not yet delivered .
11.2 The non-payment at maturity of even a single bill also gives power to Swisstech Srl to decrease the value of the credit line offered to the customer.
11.3 In addition, in the event of non-payment or delay in payment by the customer is entitled to Swisstech Srl immediately terminate any existing contract, without any compensation to the customer or other formality which the simple notice by registered letter or fax.
11.4 Each order or delivery is to be considered autonomous and independent of any other order or delivery, any dispute between the Customer and Swisstech Srl can not , under any circumstances , give rise to suspension of payment of bills or other non-controversial part of the bill.
11.5 The incomplete delivery of an order shall not entitle the customer to refuse the payment of the goods.
11.6 Except as provided by art. 4.3, Swisstech Srl is entitled to issue partial invoices second deliveries .
11.7 Even if the customer requests to Swisstech Srl to carry out ancillary to the sale , such as the installation and / or commissioning of the products, the payment of invoices relating to the price of the products shall not in any case depend on the completion of the services installation or commissioning of equipment .
11.8 Unless expressly written agreement to the contrary, the lack of full or partial payment at the due date involves the application of interest at the prime rate plus 2 points , plus bank charges , subject to greater damage .
 
12 . SOLIDARITY '

12.1 If the Customer requests the invoice or debit note is issued on behalf of a third party , whether the customer is on the third are jointly and severally liable for the payment of the invoice and the failure of any commitment resulting from the general and special conditions of the contract.
 
13 . JURISDICTION AND APPLICABIL

13.1 Any dispute will be settled exclusively by the court of Pordenone.
13.2 The contract between the customer and Swisstech Srl , and so everything as expressly provided in these terms and conditions of sale shall be governed by Italian law.
 
  


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