GENERAL CONDITIONS OF SALE
The following General Terms and Conditions of Sale govern the business relationship between SAP TECNICA Srl a socio unico (abbreviated SAP TECNICA) and the Customer. The sending or delivery of any purchase order by the Customer to SAP TECNICA implies the acknowledgement and full and unreserved acceptance by the Customer of our Company’s General Terms and Conditions of Sale.
Sales Quote (abbrev. PRV)
Item prices are quoted at taxable value (excluding taxes) and do not include any packaging, shipping, or incidental charges (e.g., collection fees, insurance, etc.).
Sale prices of items are Ex Works at SAP TECNICA’s headquarters (Ex Works – Incoterms in effect). Therefore, shipping/transportation costs are not understood to be included in the sale price of the items and, unless otherwise agreed, are always borne by the Customer.
SAP TECNICA reserves the right to charge on the invoice any packaging, shipping or incidental expenses inherent in the sale of the items.
Order fulfillment
For items in stock 1 business day.
For items not in stock, order fulfillment times, always indicative, and in any case not essential and never binding for SAP TECNICA, are from 5 to 15 working days, unless otherwise indicated in our. PRV.
In case of delay in the delivery of the items with respect to the terms indicated, SAP TECNICA must be considered exonerated from all liability for compensation for any damages, where it is not proven by the Customer that such delay was due to malice and/or gross negligence.
SAP TECNICA shall not be held responsible for delayed/ failed delivery due to force majeure or other exceptional and/or unforeseeable circumstances occurring against SAP TECNICA or our suppliers during the production process or during loading and/or shipment of the goods.
At the time of order confirmation, the Customer is required to communicate how the order will be processed, namely:
-to balance (ship available items)
-to summary (order missing items and ship all items at once)
-apply any notes to the order (e.g., ship available items and order missing items)
-indicate the mode of shipment by freight collect or freight collect with infill charge.
Packaging
Goods sold are packed by SAP TECNICA with standard packaging unless otherwise instructed in writing by the Customer.
Any special packaging (e.g., wooden crates) requested by the Customer will be charged to the Customer.
SAP TECNICA cannot be held responsible in any way for any damage during shipment/transportation of goods.
Payments
Payment for purchased goods must always be made within the terms agreed upon and stated in the Order Confirmation (abbreviated OVC) issued by SAP TECNICA.
Any delays of more than 15 days and/or irregularities in the payment of sums due to SAP TECNICA give SAP TECNICA the right to suspend the execution of contracts in progress, or to withdraw from them if they have not yet been executed, or to terminate pursuant to art.1456 of the Italian Civil Code, contracts with respect to which the Customer has not fulfilled its obligation, without prejudice to SAP TECNICA’s rights to compensation for damages.
Goods warranty
The purchase of goods from SAP TECNICA implies full acceptance of the warranty conditions provided by the manufacturer of the part, machinery and/or equipment. Therefore, the Customer is aware that the purchased goods will be guaranteed by the manufacturer under the conditions provided by the manufacturer. The duration of the warranty period starts from the date of our. invoice of sale of the goods and is 6 (six) months unless otherwise specified by the manufacturer.
The warranty is limited to defects/faults in materials of construction that occur within the warranty period.
Excluded from the warranty are defects/flaws/faults in the items determined by inaccurate and/or inappropriate assembly/use.
The Customer is obliged to report in writing, under penalty of forfeiture, obvious defects/defects in the items within 8 (eight) days of their receipt, or within 8 (eight) days of their discovery, in the case of defects/faults that can be considered concealed. The Customer is also required to send photos and/or videos proving the defects/defects found.
In case of acceptance of warranty by the manufacturer, SAP TECNICA will replace the item ex ours. warehouse – Ex Works Muggia-Trieste (Ex Works – Incoterms in effect), any shipping and/or incidental expenses due to the handling of the item warranty will be borne by the Customer.
Complaint and return goods
Any complaints regarding the quantity and/or type of the items must, under penalty of forfeiture, be submitted by the Customer in writing to SAP TECNICA no later than 8 (eight) days from the date of receipt of the goods.
The return of the goods, if not in accordance with the order, must be requested by the Customer to SAP TECNICA in writing no later than 8 (eight) days from the date of receipt of the goods.
The return of goods must be authorized in advance in writing by SAP TECNICA, which will issue the authorization for the return of nonconforming goods. Only after receiving the authorization can the Customer proceed with the return of the nonconforming goods, which must be accompanied by regular transport document, indicating the reason for return.
We do not accept returned goods without our. authorization as well as without proper transport documents.
SAP TECNICA reserves the right not to accept returned goods if the items are without the original packaging and/or SAP TECNICA packaging or tampered with or are items not handled by our. warehouse.
If the returned goods are generated due to causes to be attributed to the Customer (e.g., incorrect orders), SAP TECNICA reserves the right to apply a penalty equal to 30% of the price of the returned item as a reimbursement of expenses incurred in handling the same.
The merchandise to be returned must be in perfect condition, in the original packaging and/or SAP TECNICA packaging and shipped Freight prepaid to the warehouse indicated in the merchandise return authorization issued by SAP TECNICA. We do not accept returned goods for electrical parts unless explicitly authorized in writing by SAP TECNICA.
Jurisdiction
All disputes, including those related to the interpretation, execution and termination of the contract, will be under the exclusive jurisdiction of the Judicial Authorities of the Court of Trieste, including for any warranty actions.
Privacy GDPR EU 2016/679
SAP TECNICA, as the Data Controller, uses the data of the purchasing party to execute the business relationship between the parties and to fulfill the obligations required by Italian and EU regulations. At any time the purchasing party may exercise, in accordance with EU Regulation No. 2016/679, in the manner and within the limits provided by the current legislation, the right to: the right of access to one’s personal data, obtain information about the purposes and methods of processing, obtain the updating, modification, integration and deletion, the blocking of data processed in violation of the law, including data no longer necessary for the purposes for which they were collected, the right to restrict and/or oppose the processing of one’s data, the right to revocation, the right to portability of one’s data to another Data Controller, the right to lodge a complaint with the Supervisory Authority.
The ‘full disclosure is available on our. Web site https://b2b.saptecnica.com.