GENERAL CONDITIONS OF SALE

GRMTRONICS

 

These conditions apply to the sale, supply or provision of goods or services by GRMTronics and are waived by various agreements contained in the contracts.

  • 1 – PURCHASE ORDER
  1. These conditions are considered tacitly accepted by the Customer upon submission of the purchase order.
  2. Acceptance of the order does not constitute a waiver by GRMTronics of its General Terms and Conditions.
  3. The conditions present in the purchase order are invalid if they conflict with these conditions.
  4. Failure to accept these conditions in writing allows GRMtronics to cancel the order, giving notice to the Customer before the start of the execution of the contract.
  5. The purchase order may not be transferred or entrusted to third parties for execution without the prior consent of GRMTronics.
  6. In case of acceptance by GRMTronics, the customer will be responsible for the activities and failures of the third party as if they had been carried out by the Customer.
  7. In the event of an order in favor of a third party, the ordering party undertakes to regulate the relationships and fulfill the obligations pursuant to art. 1381 of the Italian Civil Code.
  8. GRMTronics estimates are not binding until expressly accepted by GRMTronics.

 

  • 2 – ORDER PROCEDURE
  1. All orders must be placed in writing, via the website or official channels.
  2. Telephone or verbal orders are not accepted.
  3. Cancellation of the order is possible only before the start of the execution of the contract, by written communication.
  4. There GRMTronics reserves the right not to accept changes or cancellations to orders based on the progress of the order.
  5. Order changes and cancellations are not effective unless specifically accepted by GRMtronics.

 

  • 3 – PRICES AND CONDITIONS
  1. GRMTronics offers are valid for a maximum of 30 days from issue, after which they automatically expire unless otherwise specified.
  2. The prices shown on the price lists and published are not binding and cannot be considered an offer to the public.
  3. GRMTronics reserves the right to make changes to the published list prices without notice.
  4. The prices in effect are those at the time of acceptance of the order or those specified in the contract.
  5. In the case of orders requiring urgent delivery, meaning those with a delivery time of less than 60 days, a surcharge equal to 20% of the order will be applied to the final price.
  6. In the case of deferred payments, failure to pay even one due date will result in the payment of the remaining due dates becoming due pursuant to art. 1186 of the Italian Civil Code.
  7. Checks, bills of exchange, drafts or bank receipts are considered valid only upon their successful completion.
  8. In case of late payment, commercial interest pursuant to Law 231/2002 will apply.
  9. For delays in refunds or payments by GRMTronics, interest will be charged as per Article 1284, paragraph 1, of the Italian Civil Code, excluding paragraph 4 of the same article.

 

  • 4 – DELIVERY TERMS
  1. The delivery date indicated by GRMTronics is merely indicative and subject to availability of the goods or service.
  2. Delivery terms run from the date of acceptance of the offer or from the date of completion of the contract.
  3. The terms indicated in this article must be understood as working terms.
  4. GRMTronics reserves the right to terminate the relationship, by providing notice, if the goods or services are not obtained within 60 days of the date of acceptance of the proposal, estimate, or contract.
  5. Unless otherwise agreed, the goods are delivered ex-works of the seller.
  6. In the event of delivery of the goods to the Customer, GRMTronics is released upon delivery of the goods to the designated carrier, pursuant to art. 1510 of the Italian Civil Code.
  7. Shipping costs are the responsibility of the Customer.
  8. In the event of delivery of the goods to places or subjects other than those foreseen due to an act deriving from GRMTronics, an all-inclusive amount will be recognized as compensation for damages and a penalty, for each day of delay, equal to 0.20% of the cost of the goods or service.
  9. In the event of delivery of the goods to the carrier or availability for delivery at the headquarters within a period exceeding 120 days from the proposal, GRMTronics will recognize an all-inclusive amount as compensation for damages and penalty, for each day of delay in delivery, equal to 0.20% of the cost of the goods or service.
  10. The amounts referred to in points 7 and 8 must be considered inclusive of any damage suffered or to be suffered.
  11. The customer may not request, as compensation for damages, sums greater than those contractually provided for in points 7 and 8.
  12. GRMTronics' liability in the event of delayed or failed delivery of goods or services is predetermined and may not exceed 15% of the total amount of the order or, in the event of partial delivery, 15% of the undelivered goods.
  13. In the event of a delay in delivery exceeding 60 days, the Customer has the right to cancel the order by written communication.
  14. In the event of early delivery, the Customer is not entitled to refuse the goods.
  15. Unless otherwise communicated, Article 1510 of the Italian Civil Code applies to the place of delivery.

 

  • 5 – FAILURE TO FIND GOODS OR SERVICES
  1. In the event that a good or service is not available within the contractually agreed terms, GRMTronics may cancel the order in whole or in part.
  2. The Customer cannot charge GRMTronics for the costs of another supplier or for damages resulting from the failure to deliver the goods, where GRMTronics communicates the temporary unavailability of the goods or service.

 

  • 6 – ACCEPTANCE AND REPORTING OF DEFECTS
  1. The Customer guarantees GRMtronics free access to its facilities to verify the supply and correct functioning of goods or services.
  2. The conformity of materials, goods or services is verified by the Customer on the delivery date.
  3. The Customer has the right to refuse delivery of non-compliant goods only, requesting their replacement.
  4. Failure by the Customer to report the defect within 5 days of delivery constitutes final acceptance of the goods or services.

 

  • 7 – QUALITY AND GUARANTEE
  1. The guarantee on goods and services, unless otherwise agreed, is that required by law.
  2. The warranty does not apply in the event of opening, tampering, modification or use of the goods in a manner that does not comply with the technical specifications.
  3. The guarantee is suspended in the event of insolvency or late payments.
  4. In case of defects, the Customer can request the repair or replacement of the defective and/or non-compliant products.
  5. Non-conformity and defects in the goods must be reported within 8 days of delivery.
  6. In the event of hidden defects, the term referred to in point 3 starts from the discovery.
  7. No warranty is provided after one year from delivery.
  8. The warranty for consumer, consumable or deteriorating goods is three months from delivery of the goods.
  9. The complaint regarding non-conformity or defects of the item must contain: order number, delivery note and invoice.
  10. If, following inspection or testing by GRMTronics, the goods are found to be defective and the repair excessively expensive, they may terminate the contract by giving written notice to the Customer.
  11. The repair may be refused due to excessive cost and entails the obligation to compensate for the discounted value of the good or service increased by 10%.
  12. The refusal to repair the goods due to excessive cost may be invoked by GRMTronics when the value of the repairs, overall or individually, is equal to or greater than 30% of the purchase value of the goods.
  13. GRMTronics and the Customer explicitly acknowledge the total value of the goods or services as the maximum limit to GRMTronics' financial liability.
  14. For the purposes of calculating the compensation referred to in point 9, reference is made to the purchase value of the good from which 20% of the value is deducted for each year or fraction of a year of use of the good or service.

 

  • 8 – EQUIPMENT
  1. For the correct use of goods or services, the Customer must use only prints, models, tools, equipment or other devices supplied or authorised by GRMtronics.
  2. The Customer is required to use the goods following the procedures authorised and indicated by GRMtronics or the manufacturer.

 

 

  • 9 – SPARE PARTS AND REGENERATION
  1. GRMTronics is committed to providing regeneration services for faulty spare parts, restoring their proper functioning through the regeneration process, or by replacing the parts.
  2. The assembly or installation of spare parts and replaced goods is the responsibility of the Customer, who assumes responsibility for their assembly or use.
  3. The Customer, as the final installer, is exclusively responsible for any damage or malfunctions resulting from incorrect installation, improper use or other causes not attributable to GRMTronics.
  4. Any Customer who has made modifications to the original product, spare part, or remanufactured product is considered the manufacturer and is responsible for any future defects or damages arising from the use of the product.

 

  • 10 – TERM, WITHDRAWAL AND TERMINATION
  1. The Customer may cancel orders for goods or services within 7 days of the purchase date, unless the execution of the relationship has already started.
  2. In the event of order cancellation, the Customer is required to compensate GRMTronics for the costs incurred to initiate the contract.
  3. In case of order cancellation, €100.00 is always due as administrative costs.
  4. GRMTronics may terminate the contract at any time, without notice and withholding any monies received, should the Customer default or should their financial circumstances prove insufficient to cover the outstanding balance.

 

  • 11 – INTELLECTUAL PROPERTY
  1. Use of GRMTronics products is governed by the relevant general terms and conditions of contract and is subject to the intellectual property of GRMTronics.
  2. Customer may not use or reproduce GRMtronics goods or services.
  3. Under no circumstances will the license to use imply the right of the Customer to recreate or modify the GRMTronics products.
  4. The license to use is granted for the time strictly necessary for the execution of the contract.
  5. Communications between GRMTronics and the Customer during the execution of the contract and specifically designated as confidential are to be considered non-public, non-disclosure and the exclusive property of GRMTronics.
  6. Confidential information also includes: drawings, formulas, processes and procedures, technical specifications, product photographs, documents relating to products and sales methods, samples, models, demonstrations, notes and memos.

 

  • 12 – PENALTY CLAUSE
  1. For the violation of individual parts of this contract, which are not susceptible to economic evaluation or proof, a minimum amount equal to 25% of the relationship between the parties is established, unless otherwise and/or specifically provided, as a penalty.
  2. This penalty is due for each individual violation.
  3. This Article shall not affect the right to compensation for damages in the ordinary forms.

 

  • 13 – GENERAL AND FINAL PROVISIONS
  1. The Customer declares that he has taken out or will take out, after delivery of the goods, an adequate insurance policy to cover any liability that may arise in relation to the use of the goods or the materials of the goods.
  2. The Court of Rome has exclusive jurisdiction over disputes regarding the interpretation, execution, or compensation for damages arising from this contract.
  3. These conditions may be unilaterally modified by GRMTronics by publication on the website or, in the case of an existing relationship, by notification to the interested parties.
  4. Failure to accept the changes to this contract does not entitle you to a refund of any sums already paid to GRMTronics.

 

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, I further declare that I accept all the conditions and agreements contained therein and that I have carefully considered the provisions and agreements set forth in the relevant clauses. In particular, I declare that I specifically approve the clauses and conditions listed in points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12.