GENERAL TERMS AND CONDITIONS OF SALE
1. FIELD OF APPLICATION
The present General Terms and Conditions of Sale (hereinafter ToS) apply between DTM Ricambi S.r.l. (hereinafter D.T.M.) and its customers. The ToS must be intended as applied between the Parties even when they are not specifically agreed upon or recalled.
Any exceptions to the ToS will be valid only if underwritten by the parties.
The ToS shall form integral part of any and all contracts for the sale of materials and products made with by D.T.M., even in case of orders placed by phone, verbally, through fax, e-mail or through the website. D.T.M. reserves the right to update and modify the ToS if requested by regulatory updates, changes in the services provided or changes in the company’s policy.
The applicable ToS are those from time to time available on the company’s website, at the following link: https://www.stardiesel.com/en/general-conditions
In these ToS, the terms listed below – whenever starting with a capital letter - shall have the following meaning:
a.Buyer: refers to the natural or legal person whom in relation to the contracts or orders regulated by the ToS, acts for purposes related to its business activities;
b.Seller: D.T.M. Ricambi S.r.l., VAT No. IT02243530371, with registered office in Via della Cooperazione, 5 – 40129 Bologna (BO) Italy;
c.Sale: a contract that has as its object the transfer of the property of a good upon the payment of a price;
d.Products: the goods and products, subject-matter of the contract and/or sale agreement;
e.Parties: the Buyer and the Seller jointly.
3.DRAWINGS AND TECHNICAL DOCUMENTATION
All drawings, technical documentation, codes, illustrations, indications of weights and dimensions drawn up by the Seller are meant to be used for information purposes only and are purely indicative.
The drawings, information and technical documentation relating to the Products, delivered in any form, paper or electronic, from one side to the other before or after the formation of the Contract, are the property of DTM Ricambi s.r.l. and are made available to the Buyer in a strictly confidential manner for the sole purpose of the sales contract concluded.
Therefore, the Buyer shall not reproduce, disclose, or copy them to third parties.
These drawings, information and documentation may never be used for any purpose other than that for which they were delivered.
4.ENTERING INTO THE CONTRACT
The Buyer can place orders directly to the Seller. The Sale will be considered executed solely after the issue of the Seller’s order confirmation.
The Buyer shall in any case be bound to the order it has placed, which shall not be modified or revoked without the written approval of the Seller.
The place of conclusion of the contract will always be the Seller's registered office, also for contracts made by e-mail.
The acceptance by order confirmation by D.T.M. implies the application of the ToS to the sales contract, and this also when acceptance occurs with the performance of the contract by D.T.M..
5. DELIVERY TERMS
The delivery will take place following the terms and modalities indicated in the order confirmation.
The delivery terms shall be EXW LOADED (Incoterms 2020) packaging excluded. If requested, the Seller will take care of the delivery of the goods; the risk, costs and expenses to be borne by the Buyer.
The goods travel exclusively at the Buyer’s risk, costs and expensed and possible complaints shall be filed directly with the carrier, which has taken charge of the goods.
Delivery terms are indicative and are not essential terms.
In the event of a shipment delay of more than 90 (ninety) days, the Buyer will have the right to withdraw from the Contract, upon written communication (also by email or fax) to the Seller.
D.T.M. shall not be held responsible for any delays or non-delivery attributable to circumstances beyond its control (force majeure events), such as by way of example and not limited to:
a.strikes, natural disasters, etc.;
b.shipment delays caused by the carrier;
c.difficulties in the acquisition of raw materials.
If any of the above conditions occurs, the Buyer will not be entitled to withdraw from the contract neither to request damages or compensation of any kind, except in the case of wilful misconduct or gross negligence of the Seller. In this event the delivery date will be extended for the time necessary to overcome the events.
In case of delay in taking delivery of the goods by the Buyer and/or the carrier appointed by the Buyer, in the event that they remain in stock with the Seller, the Buyer, in addition to the value of the supplied goods shall pay, for each day of storage after the communication of ready goods, against deposit and administrative costs, an amount equal to 5% (five per cent) of the total value of the undelivered goods, in addition to any expenses charged by the carrier for the same issue.
Following the communication to the Buyer that the Products are at its disposal, the Seller is exempt from any liability for the perishing, damage, or loss of value of the Products.
After 15 days from the ready goods notice, if the Buyer does not take delivery of the goods, the contract is considered definitively terminated due to the essential breach of the Buyer and the Seller will be able to terminate the contract, retain the advance payments already received, demand full payment of the balance of the agreed amount and be free to sell the goods to other customers.
6. PAYMENT TERMS AND CONDITIONS
Prices and payment conditions are agreed with the Buyer at Order Confirmation and, if not specified differently, prices are to be intended in EURO, net of VAT and ancillary costs.
Shipping and transport costs are always excluded and will be borne by the Buyer.
Prices do not include in any case customs duties, duties, tariffs, taxes or fees for export and the like and anything which is not expressly stated in the offer.
The possible delay with respect to the agreed payment terms will result in the Buyer being charged interests as of D.Lgs. (Italian Legislative Decree) No. 231/2002 and subsequent amendments, without the need for formal notice.
The Buyer has the right to return the goods purchased within 2 (two) months from the date of purchase providing a proof of purchase (i.e. invoice, or consignment), without any penalty but with the only charge of transport expenses to return the goods.
The return request form (RMA), duly filled in, must be mailed to [email protected] a copy of the RMA form can be downloaded directly from our website at the following address: www.stardiesel.com.
D.T.M. will then authorize the shipment of the goods by assigning a return authorization number (RMA)
The goods will be checked within 10 (ten) working days from receipt by the Seller, who reserves the right not to accept the return. DTM will not accept returns of tampered goods (i.e. actuators with cut wires), nor of
D.T.M. reserves the right to authorise returns beyond 2 (two months) from the date of purchase, applying a 15% (fifteen per cent) penalty of the total sum to be refunded.
No returns will be in any case accepted after 12 (twelve) months from the delivery date of the goods.
Any and all complaints concerning defects shall be notified to the Seller within 8 (eight) days from the receipt of the goods.
Any and all complaints concerning undetectable defects (hidden defects) must be communicated to the Seller, under penalty of forfeiture, within 8 (eight) days from the date of discovery of such defect and in any case no later than 12 (twelve) months from delivery date.
The notification of defects must be made in writing to the e-mail [email protected] , specifying with precision the defective product, the product code and serial number, the relative batch number, the delivery date and the nature of the defect (as per the return procedure foreseen in Enclosure “Allegato A”).
The Seller shall have the right to examine or have examined the Products that the Buyer has declared to be non-conforming or defective, in which case the defective goods must be returned to D.T.M.
In the absence of a written authorisation by the Seller, the Buyer shall not return the goods it deems to be faulty and/or defective.
In case D.T.M. has ascertained that the Products are actually non-conforming or defective, the Buyer will have the right to obtain, at the sole discretion of D.T.M., the repair, or alternatively, the replacement of the non- conforming and/or defective product or part/component at no additional cost.
It is understood that any complaints or disputes shall not entitle the Buyer to suspend or in any case delay the payment/s of the Products being disputed, nor of any other supplies.
9. TERMS OF WARRANTY
The Seller guarantees that the Products will comply with the quantity and the description contained in the order confirmation, as well as free from factory defects.
The warranty period lasts 12 (twelve) months starting from the date of delivery of the goods.
The Seller commits to remedy any lack of conformity or defect of the Products attributable to it, which occurred within 12 (twelve) months from the date of delivery of the Products to the Buyer, provided that this lack of conformity has been timely notified to the Seller in compliance with the rules and procedure described in the previous article.
The following are expressly excluded from the Warranty:
a.Products are stored or used in a non-compliant way;
b.Failure to comply with instructions for use and safety regulations;
c.Defects or malfunctions deriving from accidental damage or incorrect assembly;
d.Defects or malfunctions deriving from external causes, such as, by way of example but not limited to water, impurities in the fuel, use of non-compliant fuels and/or additives, lack of cleaning of the system, bad maintenance of the fuel injection circuit;
e.Any installation or repair performed by unauthorized or unqualified personnel.
f.Any use of the product different from its standard use;
g.Tampering or direct attempts to repair or modify the product
h.Non regular maintenance.
Suitability for a particular purpose or the promise of a return are valid only if contractually guaranteed. Except in the case of wilful misconduct or gross negligence of the Seller, the liability of D.T.M. is limited to the repair/replacement of the faulty/defective product.
Therefore, any further liability of the Seller, whether contractual or non-contractual, which may derive from, or in relation to, the supply of non-conforming or defective Products, including, by way of example and not limited to, liability for any direct, indirect or consequential damage, or for lack of profit, for recall campaigns, etc. is expressly excluded.
The warranty period will not be extended, neither renewed because of the repair or the replacement of the part.
10. GOVERNING LAW AND JURISDICTION COURT
Any and all disputes deriving from this Contract or however connected to it shall be deferred to the exclusive jurisdiction of the competent Court of the city of Bologna (Italy).
This Contract is subject to the 1980 Vienna Convention and for the aspects not covered by it to the Italian legislation.
11. PERSONAL DATA PROTECTION
All rights are reserved. Reproduction is forbidden even if partial or transfer in whatsoever form without the authorization of D.T.M. Ricambi s.r.l.
The STAR® logo is a registered trademark and property of D.T.M. Ricambi s.r.l.
These General Terms of Sale are drafted in both Italian and English. In case of doubt of
interpretation, the Italian version shall prevail.