1. GENERAL PROVISIONS
2. OFFERS, ORDERS AND ORDER CONFIRMATIONS
3. PRICES AND TERMS OF PAYMENT – RETENTION OF TITLE
4. TERMS OF DELIVERY
6. INSPECTION AND ACCEPTANCE OF PRODUCTS
7. RIGHT OF INSPECTION
8. DOCUMENTATION AND CERTIFICATIONS
9. TERMS AND CONDITIONS OF WARRANTY
10. DISCLAMER OF LIABILITY
11. OBLIGATION OF CONFIDENTIALITY
12. APPLICABLE LAW
13. PRIVACY NOTICE FOR CUSTOMERS, SUPPLIERS AND CONSULTANTS ON DATA PROCESSING
- The terms and conditions set out below (the “General Terms and Conditions of Sale”) shall form part of all agreements entered between Gemmo Group S.r.l. and the Buyer for the supply of the products of Gemmo Group S.r.l. (the “Products”).
- The General Terms and Conditions of Sale shall apply to all transactions entered between Gemmo Group S.r.l. and the Buyer, without any need forspecific approval, since referring to the same, which are atatched to the offer and can be consulted on the website www.gemmogroup.it, is sufficient.
- Any different term or condition shall be applied only if previously and agreed in writing between the parts.
- Gemmo Group S.r.l. reserves the right to change or integrate these General Terms and Conditions of Sale by attaching them to the offers or to any other written communication sent to the Buyer.
OFFERS, ORDERS AND ORDER CONFIRMATIONS
- Offers issued by Gemmo Group S.r.l. are valid for 30 (thirty) days as regards quantities and prices stated in them. The delivery terms shall not be considered binding because they depend on the moment of receipt of the order and on the production loads. For example: if the offer is issued today and the order is received after 25 days, the date of delivery depends on the workload at that time and will be stated in the order confirmation (see “c”).
- Gemmo Group S.r.l. manufactures in compliance with its own operative instructions and drawings; therefore, Gemmo Group S.r.l. will not follow the technical specifications or production requirements of the Buyer. In the case of drawings provided by the Customer, they will be re-drawn by Gemmo Group S.r.l., therefore for the construction of these pieces Gemmo Group S.r.l. will follow its standard production process.
- Gemmo Group S.r.l. will not send back orders signed for acceptance to the Buyer. The orders of the Buyer will be followed (usually within 8 following days) by the order confirmation by Gemmo Group S.r.l. (complete with all the contractual elements agreed through the exchange of the offer referred to in letter a) that the Buyer shall return WITHIN 8 DAYS, via e-mail, stamped and signed FOR ACCEPTANCE. Gemmo Group S.r.l. will not accept modifications to its order confirmations under any circumstances; if mistakes are noticed on the order confirmation, the Buyer must contact the Sales Department to point out the mistake and, if acknowledged, a new order confirmation will be issued and sent to the Buyer to replace the incorrect one.
- THE CONTRACT WILL BE EXECUTED ONLY WITH THE ACCEPTANCE (as described in letter “c” above) OF THE ORDER CONFIRMATION. Gemmo Group S.r.l. will also be able to accept telephone orders, but only for spare parts and following the procedure and the conditions of letter “c” above.
Gemmo Group S.r.l. reserves the right to suspend the production or in any case the delivery of the products until the order confirmation signed by the Buyer has been received.
- Any modification of the contract shall be previously agreed in writing. Following the new agreement, the Buyer shall send the updated order followed by the order confirmation by Gemmo Group S.r.l. and its following acceptance, as envisaged in letter “d” above. Otherwise, Gemmo Group S.r.l. does not assume any responsibility for possible mistakes and/or misunderstandings.
- Anticipations or postponements of the delivery dates (to be made according to the provisions in letter “e” above) may be required with a notice of at least 8 working weeks. In any case, the goods must be collected within the year of the scheduled delivery.
- The agreed delivery date is indicative only and notbinding for Gemmo Group S.r.l., as it might be affected by delays of its suppliers.
PRICES AND TERMS OF PAYMENT – RETENTION OF TITLE
- The prices of the products stated in the offer and in the order confirmation do not include any statutory VAT, which shall be payable according to the terms of payment stated on the order confirmation and on the invoice. All prices of the products of Gemmo Group S.r.l. indicated on the offer and on the order confirmation do not include packing and transport costs, unless otherwise agreed.
- All money on account paid before the delivery are considered as guarantee deposit. Therefore, Gemmo Group S.r.l. will issue a single invoice after the production of the goods.
- The methods of payment are those indicated on the order confirmation and on the invoice.
- The terms of payment have effect from the date of the notice stating that the goods are ready for shipment, as stated in point 4 letter “c”.
- The payment of the Net Price on the invoice shall be made without any reduction whatsoever.
- Interest on late payments will be payable starting from the due date, in compliance with the Italian Legislative Decree 231 dated 09.10.2002.
- In the event that the Buyer fails to make payments within the agreed time and manner or is subject to seizures, protests and/or bankruptcy proceedings, or disposes of all or part of its assets to its creditors or reaches an agreement with its creditors for a moratorium on debt, Gemmo Group S.r.l. will, at its sole discretion, have the right to modify the conditions of payment or to suspend or cancel further deliveries as well as declare all its claims arising from the business relationship as immediately due. Moreover, Gemmo Group S.r.l. may in such event request advanced payments or a guarantee deposit.
- The Buyer shall not be entitled to make any compensation, deduction or reduction, unless their claim to that effect has been definitively upheld in a court of law.
- Gemmo Group S.r.l. informs the Buyer that all the credit is insured and therefore, in case of failed payment, the recovery of such credit is made by the insurance company of Gemmo Group S.r.l. and the costs shall be charged to the Buyer.
- The goods sold remain the property of Gemmo Group S.r.l. until full payment of the price and any accrued interest has been received. All risks regarding loss of goods resulting from e.g. theft, fire, or accident, pass to the Buyer on the date of delivery to the carrier, or when a written request to collect the goods is made to the Buyer.
TERMS OF DELIVERY
- The terms of delivery shall be considered the date when the goods are ready at the shipping area of Gemmo Group S.r.l.
- The agreed date of delivery, as written in the order confirmation, is approximate and not binding, as specified at point 2, letter “h”. For this reason there is a delivery tolerance period of 90 days during which Gemmo Group S.r.l. shall not be liable for the payment of penalty charges or compensation for damages. Should there be any delays beyond said tolerance limit, the Buyer has the right to withdraw, subject to a formal written notice to be fulfilled in less than 30 days. In case of withdrawal, the Buyer will have the right to secure repayment of advances paid to Gemmo Group S.r.l., with the exclusion of any compensation or other claim.
- Unless otherwise agreed, the products will be delivered to the Gemmo Group S.r.l. factory (EXW Incoterms 2020). For this purpose, Gemmo Group S.r.l. will send a copy of the delivery note via e-mail, stating the date when the goods are ready. The cost and the organisation of the transport shall be borne by the Customer, unless otherwise agreed.
- Gemmo Group S.r.l. reserves the right to make partial deliveries, in a reasonable manner.
- Force majeure or other unforeseen incidents not attrivutable to Gemmo Group S.r.l. including, without limitation, strikes, lockouts, provisions by of public administration bodies, subsequent bans on export or import opportunities will, taking into account their duration and their impact, relieve Gemmo Group S.r.l. from the obligation to comply with any agreed delivery time and release it from any responsibility following a failed or delayed delivery.
- Gemmo Group S.r.l. does not accept returns of the products, unless otherwise agreed in writing. Any costs arising therefrom shall be borne by the Buyer.
- Gemmo Group S.r.l. packs, unless otherwise agreed, all its products with heat-reducing nylon and, in case of palletisable products, places them on pallets.
- The packing costs are written on the offers, order confirmations and invoices, and are always borne by the Buyer.
INSPECTION AND ACCEPTANCE OF PRODUCTS
- Upon taking possession of the products, the Buyer shall immediately: check the quantities of the delivered products, the integrity of their packaging and conformity of the Products and inform the Sales Department of Gemmo Group S.r.l. about any anomaly within 24 hours. Should such packaging defects not be communicated within said term, they will not be taken into consideration.
- In case of complaints regarding Product defects, the Buyer shall comply with the following procedures and deadlines:
- the notification shall be made no later than eight working days from the delivery. In the event that the claim concerns a hidden defect, the complaint must be made within eight days from its discovery;
- the detailed complaint regarding the defects shall be sent to Gemmo Group S.r.l. within the abovementioned deadlines via e-mail or they will be considered null and void. Notifications made by telephone are not accepted;
- the notice must clearly specify the type of alleged defects and photos must be enclosed, when possible;
- the Buyer, when Gemmo Group S.r.l. requires them to do so, must agree to make the products available for inspection; such inspection shall be carried out by Gemmo Group S.r.l. or by any expert nominated by Gemmo Group S.r.l.
- Any Product for which a dispute has not been raised in accordance with the procedures and deadlines set out above will be regarded as approved and accepted by the Buyer.
RIGHT OF INSPECTION
- Gemmo Group S.r.l. gives the Buyer, upon notice, the possibility of inspecting the goods while they are being manufactured at its facilities.
DOCUMENTATION AND CERTIFICATIONS
- Gemmo Group S.r.l. gives the Buyer the possibility to require a copy of the operating instructions (mentioned on the drawings starting from 18.07.2007), which describe the standard production process of Gemmo Group S.r.l. :
- Operating instructions for painting (7/5.3-IO1)
- Operating instructions for the fusion welding of metallic products, tanks, manifolds, hydraulic cylinders/jacks (7/5.3-IO2)
- Operating instructions for heat treatment (7/5.3-IO3)
- Operating Instructions for the Precision Grade of dimensions, forms, pairing, threads and spot-facing of jacks(7/5.3-IO4)
- For the end products (CE marked) destined for end users Gemmo Group S.r.l. will supply, and pack together with the product, a paper copy of the User and Maintenance Manual and of the CE Certificate. An electronic copy of the manual will be available in the Reserved Area of the website www.gemmogroup.it .
- For partly completed machinery (machine parts such as tracked undercarriages or motorised undercarriages) for incorporation on complex machines, Gemmo Group S.r.l. will make the User and Maintenance Manual and the CE Certificate available which must be downloaded from the Reserved Area of the website, . www.gemmogroup.it .
- Inside the User and Maintenance Manual, a Warranty and CE Conformity Certificate is also available.
- The Reserved Area is protected by a password. The Username and Password will be given to the Buyer with the delivery note (see 4.c.).
TERMS AND CONDITIONS OF WARRANTY
- Gemmo Group S.r.l. warrants that the Products are free from defects and comply with the technical specifications stated in the offers and in the order confirmations.
- Gemmo Group S.r.l. ensures the proper operation and the good quality of all the parts of its machines for the period indicated in the Warranty and CE Conformity Certificate (12 months unless otherwise agreed). If the machine is used more than 48 hours a week, the Manufacturer reserves the right to reduce the warranty coverage in due proportion. The warranty is limited to manufacturing defects and does not include normal wear and tear, the tools and other equipment supplied with the machine.
- In the event of defects or non-conformity recognised by Gemmo Group S.r.l. the latter, may, at their own choice, repair or replace the goods or reimburse part of the price paid by the Buyer. Under no circumstances will monetary compensation exceed the price paid for the defective goods. Returned goods will not be accepted unless authorised in advance.
- Parts that are obviously defective shall be returned to Gemmo Group S.r.l., with prior written consent, at the Buyer’s expense. They must be returned together with a delivery note for repair, in which the problem regarding the part must be specified. The part will be made available to the Buyer, repaired or replaced in the shortest possible time. Shipment and transport costs are always borne by the Buyer.
- Breakages, defects and incorrect functioning caused by the following are excluded from the warranty and result in the termination of any obligations on behalf of Gemmo Group S.r.l.:
- Wrong positioning or tampering of the machine.
- Inexperience, incorrect use, overloads.
- Lack of or insufficient maintenance.
- Delayed report of the detected defects.
- Different use from the established one.
- Any modification or change made on the machine and on the attachments included in the delivery without the Manufacturer’s authorisation.
- Use of non-original spare parts and/or non compliance with the instructions given in the User and Maintenance Manual.
- If, following repairs performed by Gemmo Group s.r.l during the warranty period it is found that failures were not attributable to Gemmo Group s.r.l., and therefore not covered by the warranty, all expenses, the cost of the replaced parts and labour will be charged to the Buyer. Any assistance and repairs to the products are always carried out at Gemmo Group s.r.l. premises which reserves the right of retention in compliance with art. 2756 civil code.
- In case of machine downtime due to faults, even if covered by the warranty, Gemmo Group s.r.l. is entitled to a reasonable time in which to carry out the necessary repairs and to eliminate the reported faults. No compensation for the damages due to machine downtime and no extension of the warranty period will be granted. No extensions for outstanding payments or requests for the cancellation of current agreements will be accepted.
- In case of failures of a component during the warranty period, it is necessary to proceed as follows:
- Communicate promptly to Gemmo Group s.r.l. the type of damaged component.
- Gemmo Group s.r.l. will supply the Customer with a new component on consignment (transport is at the Customer’s expense) as soon as possible.
- The Buyer shall send the damaged component back, with a delivery note for repair, in which the problem with the part is specified subject to written authorisation, within a maximum of 10 days from receipt of the new piece. If the damaged component is not received by Gemmo Group s.r.l. within this deadline, it will no longer be covered by warranty.
- As soon as Gemmo Group s.r.l. receives the damaged wither they or their supplier will examine it. Subsequently, a report regarding the cause of failure will be sent to the Buyer.
- If the failure is recognised as being covered by the warranty, the Buyer will be refunded as follows:
- Gemmo Group s.r.l. will authorise the Buyer to issue a sales invoice for the damaged component for the same value of the new previously supplied component invoiced by Gemmo Group S.r.l.;
- the damaged component will remain the property of Gemmo Group s.r.l.
- If the failure is not recognised as being covered by the warranty, the Buyer will pay the sales invoice for the new component and shall notify Gemmo Group s.r.l. in writing, choosing among the following possibilities:
- ask for the return of the non-repaired part;
- ask for the repair of the part paying the relevant costs;
- authorise Gemmo Group s.r.l. to scrap the part.
DISCLAMER OF LIABILITY
- Catalogues or other advertising materials of Gemmo Group s.r.l. are only an indication of the type of Products and the information contained herein shall not be binding. Gemmo Group s.r.l. assumes no responsibility for errors or omissions contained in its catalogues or promotional materials.
- Gemmo Group s.r.l. will do everything in its power to deliver the products within the time agreed (if any) but under no circumstances will it be liable for any loss or damage whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the Products.
- The remedies provided for in these general conditions of sale are only the Buyer’s rights in the cases of justified objection raised in accordance with the provisions in paragraphs 6 and 9. In particular Gemmo Group s.r.l. shall not be responsible for any direct or indirect damage or loss of profit due to the use, the inability to use, or the incorporation of the products in other products, unless in the case of wilful misconduct or gross negligence on the part of Gemmo Group.
- Gemmo Group s.r.l. will accept complaints only directly from the Buyer.
OBLIGATION OF CONFIDENTIALITY
- During negotiations and after the signing of the contract, the parties agree to keep secret the “confidential information” which they learn from the contract.
- “Confidential information “ refers to all tangible and/or intangible information, data, and paper and electronic documents, including all orally transmitted information concerning technical, sales and organisation aspects, that every party shall make known to the other party in connection with the agreement; information and data concerning the strategies of both companies, the development plans of new projects and new products, the production and organisational methods, the data and information regarding customers and markets and generally the documents (drawings, information files, specifications, etc.) and the knowledge, which represent the significant property of experiences and know-how which are confidential and possessed by both parties as well as vital information about the strategic plans, which every part would like to study and eventually to develop on the occasion of the agreement. Models, samples and prototypes are also “confidential information”.
- The following information shall not be considered as “confidential information”:
- information which was already public domain before the date of the beginning of the contractual negotiations;
- information which the parties are able to prove that they were already aware of it before the start of contractual negotiations;
- information which is possible to demonstrate that it has been created and developed independently, without using information provided by the other party.
- All “Confidential Information” both of Gemmo Group S.r.l. and of the Buyer:
- shall be used by both parties exclusively for the purposes of the contract, unless in case of derogations clearly granted in writing by each party;
- shall be kept confidential by each party within their own organisation, which shall be bound to the same obligations of confidentiality and which cannot be transferred or disclosed to a third party without the written permission of each underwriter of the agreement.
- the parties shall be directly responsible for the behaviour of their employees and collaborators in order to protect the confidentiality of Information.
- shall remain the exclusive property of the party which supplies it;
- the obligation of confidentiality will be valid for five years from the signing of the contract. All documents of each party possessed by the other party at the date of the termination of the obligation of confidentiality shall be returned to the subject who supplied them. Under written authorisation of the interested party, these documents can be destroyed under the responsibility of whoever possesses them.
- unless otherwise agreed, the receiving party cannot claim patents on “innovations” developed on the basis of of information supplied by the other party.
- each party must adopt all necessary measures in order to prevent the disclosure of “confidential information” and in particular, without limitations to all the aforesaid, to allow access only to employees and/or trustworthy collaborators, who are bound in advance to the same obligations of secrecy and confidentiality.
All the agreements between the Buyer and Gemmo Group s.r.l. are governed by the Italian substantive laws. In the event of international sale, the 1980 Vienna Convention regarding International Sales will apply.
PRIVACY NOTICE FOR CUSTOMERS, SUPPLIERS AND CONSULTANTS ON DATA PROCESSING
PURSUANT TO ARTICLES 13 AND 14 OF THE EU REGULATION EU 2016/679 (GDPR)
The European Data Protection Regulation no. 679/16 aims at ensuring that the processing of personal data of natural persons complies with the rights of fundamental freedoms and the dignity of people, with special reference to confidentiality and personal identity.
GEMMO GROUP S.r.l. acknowledges that the contractual relationship with its Business Partners (e.g. suppliers, customers, consultants, resellers) entails processing of personal data of their directors, employees and collaborators (hereinafter “personnel”). In such regard, the Controller and shall collect and process their personal data in compliance with the obligations of correctness, lawfulness, transparency and protection of confidentiality and integrity in compliance with the principles and requirements of the legislation on the protection of personal data and as provided for in this notice.
- Data Controller
The Data Controller is the company Gemmo Group Srl, VAT: 02963740242, based in via Della Tecnica 34, 36025 Noventa Vicentina (VI) Italy Tel: +39.0444.887141, E-mail: email@example.com, PEC: firstname.lastname@example.org.
- Type of data and potential need for processing of some categories of personal data
Personal Data are processed for the purposes indicated in paragraph 3 and in particular for the management of the business relationship with the Business Partner.
The Controller processes the following data categories:
- Contact details: name, contacts (email, phone, mobile phone), company name, address,
- Activities: function, skills, experience, reference team.
- Correspondence: any information contained in correspondence that relates to the relationship with the Business Partner,
- Circumstances relating to the execution of the contract: on-site interventions, quantity and quality of the work done, complaints.
Data are usually provided directly by the data subject or by the Business Partner that can be a company, an individual firm or a natural person. Data can also be collected by a different source.The provision of personal data is optional insofar as it is possible to manage the relationship with the Business Partner and comply with the provisions of the law without processing personal data.
Customers that are natural persons must communicate their personal data necessary for the billing and shipping of materials.
Purposes of processing of personal data
- Finalità del trattamento dei dati personali
- Pre-contractual needs (e.g. preparation of our offers or orders, solvency checks, negotiations);
- Fulfillment of contractual obligations of which the interested party is a part towards their employer or principal (supply or purchase of goods and/or services, including the management of delivery obligations and functional logistics and transport , contacts with subjects in charge of providing a service) and legal obligations (e.g. bookkeeping; tax formalities, administrative and accounting management, etc.);
- Customer and supplier management (internal organisation of activities functional to the active and passive supplies of products and/or services, e.g. credit and risk management (fraud, insolvency, etc.), litigation and credit transfer management; management of financial and insurance services instrumental to the management of suppliers and management of electronic payment instruments; production management, telephone directory management, statistical processing)
- Fulfilment of all obligations under the law, regulations and European legislation.
- Sending of commercial and promotional communications to the Business Partners, including direct offers of goods and services, via email, text messages, phone calls, social networks, market research.
- Legal basis for the processing of personal data
The legal basis for the processing of personal data consists of:
- execution of pre-contractual measures at the request of the interested party;
- contractual relationship between the Controller and Business Partner;
- fulfilment of legal obligations to which Controller is subject;
- legitimate interests of the Controller, such as the protection of their rights (e.g. recovery of debts), improvement of the company’s know-how and professional performance, training of apprentices, data processing of customer employees, article writing, improvement of the company organisation and its IT system, transmission of offers of additional services compared to the assignment, sending of newsletters, invitations to seminars and events organised by the company, provided that the interests and rights of the customer do not prevail according to a balancing assessment performed before each treatment and without prejudice to the customer’s right to object for certain treatments based on the legitimate interest of the Controller.
- Communication of personal data to third parties
The Data Controller is not allowed to disclose personal data to third parties for purposes other than those described in point 3 and, in this case, the adequate guarantees provided by law shall be adopted should the fulfillment of the contract between the Parties require the transfer of data to third countries. The above-mentioned personal data may be disclosed by the Controller to the data subject’s employer, business partners, consultants, insurance companies (injury or damage), tax authorities (in case of audit inspections).
- Duration of processing of data
The personal data of the business partners are retained for the whole duration of the contractual relationship and for ten years after its termination or even for a longer period, if this is required by the circumstances (e.g. in the event of a dispute).
- Means of processing of data
Processing can be performed with or without the aid of electronic or automated tools. Data processing is carried out by the Data Controller also through data processors and/or external data processors and their representatives, in compliance with current legislation.
The data are stored in systems, computer media and servers located in Italy. Paper-based data, if collected, are kept in locked archives only accessible to authorised personnel.
The Controller has taken the necessary technical and organisational data protection measures to guarantee the confidentiality, integrity and availability of personal data and in particular to prevent unauthorised access, alteration, diffusion, loss or destruction.
- 8. Rights of the Data Subject
The Data Subject has the right to obtain free information on each processing of its personal data, including the origin of personal data, the purposes and methods of processing, the logic applied in case of processing carried out with the aid of electronic tools, the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it as authorised representatives, processors or third parties with whom the Controller has contractual relationships.
The interested party also has the right to obtain:
- updating, rectification or, when interested, integration of data;
- cancellation, conversion into anonymous form or blocking of data processed in violation of the law and those that do not need to be kept for the purposes for which the data were collected and subsequently processed;
- attestation that the operations referred to in letters a) and b) have been brought to the attention, also as far as their content is concerned, of those to whom the data have been communicated, except in the case where this fulfilment proves impossible or involves the use of means manifestly disproportionate to the protected right.
The data subject has the right to object, in whole or in part:
- on legitimate grounds, to the processing of personal data concerning them, even though they are relevant to the purpose of collection;
- to the processing of data concerning them for the purpose of invitations to events, sending of newsletters and communications not strictly related to the fulfilment of the contract concerning them.
At the request of the interested party, the Data Controller will limit the processing or allow the portability of personal data provided by the data subject.
Requests for deletion of data will betaken into consideration within the limits allowed, taking into account the legal and contractual obligations related to data retention.
The subject may at any time exercise their rights by sending a registered letter, or a certified e-mail to the Controller email@example.com
In any case, any request received by the Controller will be taken into consideration upon verification of the identity of the entitled person.
For any complaints, the interested party may write to the Data Controller by directly addressing the request by registered mail or certified e-mail to the Controller firstname.lastname@example.org; without prejudice to their right to contact the Authority responsible for the protection of personal data www.garanteprivacy.it or the authority of the different European country in which they live or work.
- Other information on the processing of data
For any further information and clarification, the business partner can send an e-mail to: email@example.com
Noventa Vicentina, 01/01/2020
GEMMO GROUP S.r.l.
Chairman and Sales Director
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