GENERAL TERMS AND CONDITIONS OF SALE AND HIRE OF MACHINERY AND RELATED ACCESSORIES
1) Hell Profitechnik Srl reserves the right to accept or reject any order.
2) Goods held in stock shall be delivered within 8 days from the conclusion of the contract. For goods not held in stock, the delivery date indicated by the Seller shall be deemed indicative only and shall not be binding.
3) The goods supplied shall remain the property of the Seller until the purchase price has been paid in full by the Buyer. The Buyer expressly acknowledges the Seller's lawful right to demand the return of the goods upon simple request in the event of default in payment.
4) Payments shall only be deemed valid if made to the bank account of Hell Profitechnik Srl or to the account of a person expressly authorised in writing by the Company.
5) Where payment of the purchase price is to be financed by a third-party lender and the relevant financing is not approved, the agreed purchase price shall become immediately due and payable. In such event, statutory commercial default interest pursuant to Italian Legislative Decree No. 192/2012 shall accrue.
6) Any order placed by the Buyer shall be binding. Should the Buyer withdraw from the contract, a cancellation fee (caparra penitenziale) pursuant to Article 1386 of the Italian Civil Code equal to 20% of the sale price shall become payable.
In the event of a breach of contract by the Buyer (excluding mere delay), the Buyer shall pay a contractual penalty pursuant to Article 1382 of the Italian Civil Code equal to 25% of the total purchase price (excluding VAT), without prejudice to the Seller's right to claim compensation for any greater loss.
In the case of the hire of equipment, the agreed hire charges shall in any event remain payable, including where the Hirer takes delivery late or fails to take delivery altogether. The Hirer shall only be released from this obligation where the failure to deliver is attributable to the fault of the Lessor.
Any early termination by the Hirer, including termination prior to delivery of the hired equipment, must be made in writing and shall give rise, pursuant to Article 1386 of the Italian Civil Code, to the payment of a cancellation fee equal to four months' hire charges.
7) By signing the present order confirmation, the Customer confirms that the equipment has been thoroughly inspected, including for any defects, and has been found suitable for its intended use.
8) Solve et repete pursuant to Article 1462 of the Italian Civil Code: Any complaints or claims, including those relating to delivery times, shall not entitle the Buyer or Hirer to withhold or delay payment under the agreed payment terms.
Where, following delayed delivery, the Buyer nevertheless refuses or delays payment, the Buyer shall forfeit any agreed price reduction or discount.
9) The Seller or Lessor grants only such warranty as is provided by the manufacturer. The warranty shall apply only where the machinery has been properly operated by the Buyer or Hirer.
Where the conditions for warranty cover are fulfilled, defective parts shall, following inspection by the manufacturer, be replaced free of charge.
Warranty cover shall in any case be conditional upon all scheduled servicing and maintenance having been carried out by Hell Profitechnik Srl in accordance with the applicable warranty service schedule.
In all cases, travel costs relating to warranty service shall be charged to the Buyer or Hirer at the rate of €0.80 per kilometre, subject to a minimum charge of €25.00 per visit.
10) The Buyer undertakes to register the machinery without delay with UMA Bolzano and to have it registered in the Buyer's own name. All risks relating to the machinery shall pass to the Buyer upon delivery.
11) Where new goods are purchased in exchange for used machinery, the Buyer undertakes to disclose to Hell Profitechnik Srl all defects known to the Buyer affecting the traded-in equipment and to record such defects on the inspection form provided by the Company during inspection and assessment.
Any defects not disclosed shall be repaired at the Buyer's expense.
The Buyer acknowledges that Hell Profitechnik Srl is unable to verify immediately the accuracy of the Buyer's statements and further accepts that additional defects may become apparent after the initial inspection.
Accordingly, Hell Profitechnik Srl shall remain entitled, for a period of up to 30 days following delivery of the machinery or vehicle, to carry out a more detailed technical inspection and to notify the Buyer of any defects discovered.
The Buyer further undertakes to notify Hell Profitechnik Srl without delay of any defects or faults becoming apparent after signing the inspection form.
12) Where used machinery is purchased, the Buyer confirms that the condition of the machinery or equipment has been thoroughly inspected and that, in its verified condition, it is suitable for the Buyer's intended purposes.
Pursuant to Article 1490, paragraph 2, of the Italian Civil Code, the Buyer releases Hell Profitechnik Srl from any warranty liability relating to defects, faults, malfunctions or similar issues affecting used machinery.
In the case of new machinery, where a defect has not been fraudulently concealed, the Buyer shall not be entitled, pursuant to Article 1490, paragraph 2, of the Italian Civil Code, to rescind the contract or obtain a reduction in the purchase price. The Buyer shall, however, remain entitled to the free repair of the purchased machinery by replacement of all defective components with new parts.
13) In transactions involving trade-in machinery, the Buyer assumes full responsibility for compliance with all applicable legal provisions governing the transfer of funds.
14) The courts of Bolzano, Italy, shall have exclusive jurisdiction over any disputes arising out of or in connection with this contract.
Pursuant to Article 1341 of the Italian Civil Code, the Buyer expressly declares that the above terms and conditions have been read, understood and accepted, in particular Clauses 3 (Retention of Title), 6 (Cancellation Fee and Contractual Penalty), 7 (Inspection Obligation), 8 (Solve et Repete Clause), 11 (Reservation of Inspection Rights in respect of Traded-in Used Machinery), 12 (Exclusion of Warranty pursuant to Article 1490, paragraph 2, Italian Civil Code) and 14 (Exclusive Jurisdiction).