1 . ORDER:
The order is binding and irrevocable for 90 days. If you proceed with a leasing company the order of this company must arrive before supply’s delivery date, after 90 days from this order’s date if the leasing company’s order hasn’t yet arrived HPE S.r.l. c an terminate the contract holding the deposit.
2 . PURCHASE AGREEMENT:
The purchase agreement is understood to be concluded only when the customer
sends to HPE S.r.l. the order confirmation, represented by this document. Sending this order confirmation, the customer declares he has read the User Manual and he accepts its contents. The silence by the customer or by HPE S.r.l. regarding previous communications can never be considered as order’s approval. Every purchase agreement is understood to be always s igned and perfected at HPE S.r.l. headquarters, whatever is the place when the order is given, even though given to the sales office, subsidiaries, agents or representatives.
3 . DELIVERY:
Delivery term should be considered indicative. Any delay in deliv ery shall not entitle the customer to cancel the agreement or to defer payments or to demand any compensation for damages. Goods are, unless otherwise agreed, sold ex works (HPE S.r.l. factory).
4 . TRANSPORT:
Goods are delivered ex our plant (EXW Incote rms® 2020). The consignee is responsible for any transports risks, even though transport is included in the price, his responsibility starts when goods leave HPE S.r.l. factory.
5 . INSTALLATION:
The customer looks after the installation; for a correct i nstallation and
use please see the User Manual. The premises where goods are installed
should comply with the requirements of current regulations, especially with occupational safety rules.
6 . PAYMENT:
Payments, net of any expenses, should be made direc tly at HPE S.r.l. headquarter according to terms and conditions defined in the agreement or invoice. In case of late payment default interests rate will be applied in accordance with current legislation. In case of disputes the customer isn’t entitled to s uspend payments. The advance paid by the customer will be refunded without interests only if HPE S.r.l. doesn’t confirm the current order. HPE S.r.l. will hold the advanced payment as compensation in case the order would be terminated by the customer. HPE S.r.l. shall be entitled to suspend any delivery or technical support in case of customer’s default for any of the current supplies.
7 . WARRANTY::
To exercise the warranty right the customer shall send malfunctioning goods, he’s complaining about, to HPE S.r.l. headquarter. During warranty period parts will be substituted free if defectiveness will be recognized at HPE S.r.l. discretion as well as labor costs to eliminate such defects will be free. Warranty ends if equipment’s use will not comply with HPE S.r.l. instructions and if they will be modified, repaired or tampered with by unauthorized personnel. In any case the customer will not be entitled to any and reimbursement or warranty extension as a result of the failure or malfunctioning equipment representing this order’s object.
All return shipping costs for products sent to HPE S.r.l. due to a complaint as well as all shipping costs to deliver products to Customers after a repair under warranty has been made shall be borne solely by the Customer and not by HPE S.r.l, even if the product malfunction is covered under warranty.
8 . PRODUCTION DATA:
Information and data regarding potential productive capacity of the equipment supplied by HPE S.r.l. are approximate and not binding.
9 . TEST:
All sold machines have been tested at HPE S.r.l. and therefore provided with a test certificate. The customer during goods collection is required to check their proper operation before the installation or, in case of sale to a third party, before following resale.
10 . RETENTION OF THE TITLE:
Equipment and its accessories may not be transported, removed or transferred to third parties without prior written authorization from HPE S.r.l. The ownership of supplied equipment remain property of HPE S.r.l. in accordance with the Article 1523 Civ. Code until the full payment of the agreed price. The failure to pay also one single instalment by the expiry date will entitle HPE S.r.l. to close the sale and to get back the equipment without reimbursin g or compensating the customer. As per title retention the customer is the simple depositary of the supply until the full payment therefore he commits himself to preserve sold goods in perfect conditions and not to use them. It’s expressly prohibited: alie nation, rental, pledge, the common use with third parties. The customer recognizes and agrees that the agreement registration will be at his own expense but by HPE S.r.l. The title retention agreed with this document has to be transcribed in the register a lways by HPE S.r.l. and at the expense of the customer, which is hold by the registry of the competent court in accordance with the art. 1524 CC and art. 84 Disp. Att. Cod. Civ.
11 . EXPORT:
Machines supplied by HPE S.r.l. may not be exported, without pr ior seller’s written authorization, outside the European Community or sold to persons or companies which the customer may think they would export the goods. Even though HPE S.r.l. releases his written authorization to export the goods, the customer assumes possible risks and declares now that he’s aware of technical standards and warranties in force in the country of destination refusing HPE S.r.l. any responsibility not defined by Community legislation.
12 . RESPONSIBILITY FOR INJURIES AND DAMAGES:
The u ndersigned customer of this agreement will not demand HPE S.r.l. claims, requests, action, obligation for property damages or injuries to his employees, to his staff assigned to the training and to any other person assigned for any purpose or allowed to th e premises where HPE S.r.l. equipment is or to any person therein and in general to any person other than HPE S.r.l. employees for whichever damage related to the use of HPE S.r.l. equipment, including the test and also if the accident is due to faulty des ign or material. HPE S.r.l. isn’t responsible for direct or indirect damages of any nature and type suffered by the customer or by third parties in relation to this supply or to services accomplished by HPE S.r.l. including damages deriving from equipment use or from the non use of the same.
13 . SOFTWARE:
HPE S.r.l. keeps supplied software property which cannot be sold even partly to third parties without prior written authorization. The customer acquires only a license to use the program. The customer w ill observe strict the confidentiality of program’s information and data, he will especially not make known or available to third parties the program. The program license doesn’t allow to get the source format, the logic documentation or the project. The customer will be responsible for all direct or indirect damages which HPE S.r.l. may suffer for behaviors violating the rules concerning user licenses which haven’t been recalled, but which are intended to be referenced in full.
14 . COMPLAINTS AND DISPUTES:
Complaints shall be sent to HPE S.r.l. headquarters within sixty days from goods receipt. For any legal intents is meant the domicile in Via Scagnello 26 Calco (LC).
15 . GOVERNING LAW AND JURISDICTION:
This agreement is governed by Italian law. The Court of Lecco will be exclusively competent to resolve any dispute that may arise from the execution and interpretation of this agreement. In compliance with the articles 1341 and 1342 and the Italian Civil Code we expressly approve the clauses: nn. 1 Order; 2 Purchase agreement; 3 Delivery; 7 Warranty; 8 Production data; 9 Test; 10 Retention of the title; 11 Export 12 Responsibility for injuries and damages; 13 Software; 14 Complaints and disputes; 15 Governing law and jurisdiction.
