1. ACCEPTANCE OF THE GENERAL SALES CONDITIONS
1.1 – The commercial relations between Amstra and the Customer are exclusively governed by the following general sales conditions, excluding any other agreement, unless agreed in writing. By placing an order, the Customer declares to have read all the information provided to him and to fully accept the general terms and conditions transcribed below without reservation of any kind.
1.2 – It is excluded any right of the Customer to compensation for damages, as well as any contractual or extra-contractual liability for direct or indirect damages to people and/or things, caused by improper use of the products sold by Amstra or by unauthorized interventions.
2. PURCHASE METHODS
2.1 – The Customer can only purchase products on Amstra’s electronic catalog, which can be downloaded from the company website, as described in the relevant information sheets. It is understood that the images accompanying the descriptions of a product may differ slightly in color, size and accessory products shown in the figure.
2.2 – Due to the continuous evolution of the electronic and mechanical components of the products, technical characteristics, performances and designs of the models marketed by Amstra can change without any notice.
2.3 – The Customer is required to verify the technical characteristics of the product purchased through the information provided directly on the Amstra website or requesting more information on the product itself.
2.4 – The purchase order is considered irrevocable by the Customer as soon as he has signed and sent the order confirmation to Amstra. Once confirmed, the purchase order cannot be canceled without a prior written consent of Amstra. In this case, Amstra is entitled to request a reasonable compensation for the costs and charges incurred due to the initiated execution of the order.
3.1 – The prices shown on our price lists are intended ex our warehouse and do not include V.A.T. and discounts.
3.2 – Amstra reserves the right to adjust its price lists according to market needs and without prior notice. No price adjustments will be applied to current orders.
4. DELIVERY METHODS AND COSTS
4.1 – The delivery terms, except for explicit different agreements between the parties, are merely indicative. In the event that the execution of the order is delayed by the lack of regular supplies of raw materials and/or components or by the occurrence of circumstances of force majeure, the terms of delivery will be considered extended according to methods established by mutual agreement between the parties.
4.2 – Unless otherwise agreed between the parties, transport costs are charged to the Customer and are calculated based on the weight and volume of the goods and the place of dispatch.
4.3 – Upon receipt of the goods, the Customer undertakes to verify the quantitative conformity and integrity of the packages/pallets received. In order to avoid unpleasant divergences between the parties, the Customer is advised to affix the following wording on the courier’s delivery note: “He withdraws with control reserve”. Any disputes must be received in writing within 5 (five) working days at our offices.
4.4 – Goods travel at Customer’s risk and danger. If requested, any insurance of the goods will be charged to the Customer.
5. COMMERCIAL WARRANTY
5.1 – The products offered for sale on this document, as well as on Amstra’s website, are accompanied by different types of commercial warranties depending on the item. Based on the legal warranty, Amstra undertakes to deliver an order in accordance with the concluded sales contract and to respond for any lack of conformity found.
5.2 – In the event of ascertained defect, the warranty covers the repair or replacement of the resulting damaged product within 5 (five) working days from the arrival of the goods at our warehouses, the sending of which is the only cost to the Customer.
5.3 – The legal guarantee may not apply or only partially apply in the following cases:
A) The product has suffered damages caused by external causes (shocks, lightning, power surges…) or by an assembly that does not comply with the specifications provided by Amstra.
B) The product was used in a manner different from that provided by Amstra.
C) The product has been modified by the Customer.
D) The product has been delivered to the customer after making changes on it requested by him.
6.1 – Payments must be made in the manner prescribed by Amstra. Failure to pay invoices, even partial, beyond the established deadline will result in the immediate effect of interest at the legal rate in force, in addition to debiting any bank charges and commissions. Failure to pay, for any reason, will authorize Amstra to suspend further supplies and the warranty terms.
7. INTELLECTUAL PROPERTY
7.1 – Trademarks, trade names or other distinctive signs affixed to the products and in this document are the exclusive property of Amstra and may not be altered, modified, removed or canceled in any way. Any different use of Amstra’s intellectual property by the Customer, unless expressly granted by Amstra in writing, will be understood as a violation of the previous exclusive rights, also in terms of contractual liability, and as such will be prosecuted.
8.1 – The contract between Amstra and the Customer, as well as everything not expressly provided for in these terms and conditions of sale, is governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of any sales contract between Amstra and the Customer, the territorial jurisdiction is exclusively that of Novara court, without possibility of any modification.
9. SAFEGUARD CLAUSE
9.1 – The conditions contained in this document may be modified without notice and will be valid from the date of publication of the new document on Amstra’s website. The PDF catalog uploaded on Amstra’s website always represents the most updated version to refer to.