LegalsGENERAL CONDITIONS OF SALE
1. SETTLEMENT
The present general conditions of sale make integrant part of all the agreements
signed by Camerson S.r.l. (hereinafter called "Camerson") also for orders
received by telephone, email and fax.
Camerson Sales Agents (hereinafter “Agents”), unless different authorisation,
should respect the present conditions of sale.
2. SIGNATURE OF THE AGREEMENT
The enquiries sent to Camerson doesn’t represent any proposal of agreement or
sale order.
For such enquires Camerson should supply the requested information and this
communication will be, according to and for the effects of the Italian art. 1326
c.c., as proposal of agreement that will be valid within 30 days.
After such term, without receiving acceptance, the proposal will decline and
become ineffective.
If the purchaser would like to bring modifications or prepare new enquires, these
will be estimated according to the enquiry and therefore Camerson will send a
new proposal referring to the conditions herewith described.
Once the agreement has been signed, the purchasers couldn’t unilaterally
withdraw from the same one.
Each single order or delivery should be considered autonomous and independent
from each other.
If the customer doesn’t pay an expired invoice, Camerson according to the art.
1460 and 1565 c.c., reserves itself the right to interrupt eventual further
deliveries. For slight and not paid expired debits, Camerson should interrupt the
agreement, upon right warning of 20 days.
Camerson according to its unobjectionable judgment, could refuse to supply
further products, if the Customer was previously defaulting, booked in the
protests registry or subject of executive procedures, if it has petition or
concorsual procedures in quality of company’s holder or managing director of
the society, for technical-organizing reasons or for every other reason for which
Camerson should consider unprofitable to settle the agreement.
3. TECHNICAL CHARACTERISTICS OF PRODUCT
All the products are in the observance to the technical characteristics mentioned
in the catalogues and in the technical documentation of Camerson. Weights,
dimensions and illustrations are for indicative and not binding aim.
All products, marked according to the obtained homologations, are tested by
Camerson before the delivery, following the requested modalities by IEC.
Camerson is not responsible for defects or for the non-working of products
and/or supplied materials, coming from an unsuitable use of the same by the
Purchaser, or due to the non-observation from them of the eventual detailed lists
in the use of the same products.
4. RESPONSIBILITY
Camerson doesn’t assure anyway that products purchased by Customer compare
to the devices and services supplied by different companies, except by other
agreement.
5. DELIVERY OF PRODUCTS
Delivery time agreed by each part, where not expressly indicated as essential
according to and for the effects of the Italian art. 1457 c.c., will be respected
with the professional and utmost care, as possible as for the production
capability.
Products will be delivered Ex-works Camerson with the exception due to
different agreement.
In case of delay in delivery or in the loading of goods from part of the
Purchaser, Camerson or its Agents, upon written communication that the goods
is ready for the collection, should be considered uninjured from every
prejudicial consequence, included the charging of eventual fitting and storage
costs.
Likewise, from this moment, the storage of the goods will be charged at under
the responsibility and risk of the Purchaser.
6. COMPLAINTS
Eventual complaints or differences of delivered products (included also those
regarding the condition of packing) should be peremptorily declared to
Camerson (or to the Agent who sent the order confirmation) by registered letter
or fax, to send within eight days from receipt or from discovery of defects.
7. REPLACEMENT AND REPAIR OF PRODUCTS
In case of serious non-working goods, if they cannot be repaired, the same one
should be rendered in the original packing previous expressed authorisation of
Camerson.
The material should arrive to Camerson plants ex-works.
The seller, previous verification by a technician responsible, in case the repair
can be made and this is not included between those expect under the guaranty,
will send to the purchaser an estimate with costs and times of delivery for the
repaired materials that need to be approved by the buyer ex Italian art. 1326 c.c.
8. EXPRESS RESOLUTIVE CLAUSE
Expect by the right to obtain the payment of what due with arrears interest ex
Italian D. Lgs. 231/02 and the refund of the demage, the shortage or the delay in
payment of all or just in part of one only invoice by the Purchaser, gives the
right to Camerson to be in force to conclude the agreement, according to the
effects of art. 1456 c.c, without any expenses to own charged.
9. PENAL CLAUSE
If the Client after accepted the offer, refuses before the delivery of goods, to
give complete or partial execution to the contract, Camerson will have the right,
except the refund of further demage, to a penal payment fixed until now as:
- 30% of the total order amount if the refuse or delay of order is within 4
working weeks from the delivery according date.
-80% of the total order amount if the refuse or delay of order is within a period
lower than 4 working weeks from the delivery according date.
Camerson reserves itself the faculty to solve the sale contract, keeping back the
goods, except the major demages.
10. PERSONAL DATA
The Client confirms that information and personal data communicated to
Camerson are filled of fully respect of the in force Law for the treatment of
personal data and of any other applied Law. In Camerson will be taken and
booked personal data and commercial reports concerning the current contract in
order to fulfilled the fiscal duties. Data will be inserted in a list, where personal
data of parties are collected. The bestowal has an obligatory nature to consent
the fulfilment of legal duties deriving from the execution of duties consequent
upon the contract. In case of refuse to give personal and fiscal data Camerson
won’t be able to furnish any services. After the accord of personal data
treatment the client have right to what estimated in the Italian Art. 7 D. Lgs.
196/03, afterward reported:
“The customer has right to obtain the confirmation of the existence of personal
data regarding it, also if not still registered, and their communication in
intelligible form (comma 1);
The client is entitled to obtain the indication: origin-point of personal data;
finality and modality of the treatment; logic applicated in case of treatment
made with electronic instruments; references of the owner, of the responsible
and of the managing director according to the art 5, comma 2; of the subjects or
class of subjects that personal data can be communicated or that can be
acquainted by self-knowledge in quality of designated director in the country, of
responsible or entrusted (comma 2);.
The client has right to obtain: up-date , rectify or, when there is an interest, data
integration; annulment, the trasformation in anonym form or the block of data
treated in violation of law, including these that is not necessary the conservation,
dealing the aims through data have been taking or subsequently treated;
attestation that the operations of letters a) and b) have been taken in knowledge,
also for the content of those which data have been communicated or diffused,
excepted the case that the fulfilment is impossible or involve an use of means
disproportionate respect towards right of tutelage (comma 3);
The client has the right to oppose, for all or just in part: for reason lawful to the
treatment of personal data regarding it, relevant to the collecting purpose;
the treatment of personal data concerning it for advertising materials or direct
sale or for the completion of market research or commercial communication
(last comma).
11. COMPETENT FORUM
For any dispute rising or deriving from the application of the present agreement,
is adequate in exclusive way the Foro of Turin.
