GENERAL CONDITIONS OF SALE OF Vi20 Srl

1) Generality

The Customer declares not to be a consumer in accordance with current legislation, acknowledges that the following general conditions of sale govern all purchases made by him at Vi20 S.r.l. (hereinafter briefly “VI20”). The Customer renounces to assert his own purchase conditions which do not become an element of the contract even as a result of the silence or supply by VI20. Any complementary agreements or agreements differing from these general conditions of sale require written confirmation from VI20 for their validity. The same applies to statements made by VI20 employees. If the supplies are not preceded by the order confirmation, the invoice or delivery note must be considered as an order confirmation with application of these general conditions of sale.

2) Prices

The agreed prices are always intended as the list prices applied by VI20 on the day of supply, unless a different written agreement has been reached on the formation of the price itself. Prices are intended except for errors or omissions. In the event of any indication of an incorrect price, VI20 reserves the right to cancel the order and refund the customer.

The prices indicated in our online store do not include shipping costs and the legal value added tax valid at the time of invoicing, unless explicitly indicated in the individual product sheet. From a value of the goods of 200, – € (plus VAT) the delivery is free of shipping costs in Italy. The price indicated refers to the payment methods present on the single product page. For different forms of payment, direct agreements with Vi20 Srl apply.

3) Invoicing and payment conditions

3.1 La fatturazione verrà effettuata in Euro.

3.2 Unless otherwise agreed, payment must be made in Euros by Paypal business account or bank transfer in advance.

3.3 In case of failure, partial, delayed payment, without prejudice to the further rights of VI20, on all unpaid sums, default interest will accrue to the extent established by Legislative Decree 231/02. And this automatically without the need for a warning or formal notice (let’s see how to fix this clause when we introduce any other forms of payment).

4) Offers and delivery terms

All offers are not binding for VI20 and are made subject to sales. Any modification to the agreement, subsequently requested by the Customer, will not be valid if not accepted in writing by VI20. No guarantee is assumed for the maintenance of certain delivery terms. If terms or a specific day for delivery are agreed in writing, these dates have a purely indicative value. VI20 will in any case do everything possible to observe these delivery terms. If the supply is delayed on the established deadline, the Customer has no right to indemnity, compensation for damages or cancellation of the order unless VI20 is liable for gross negligence. Partial deliveries are allowed. Upon the occurrence of cases of force majeure such as strikes, lockouts, traffic hindrances, lack of material, corporate unrest and other similar unforeseen events, occurring in the VI20 company or that of its parent company or that of its suppliers, the the effective date of the supply obligations is to be considered suspended and in such cases VI20 is authorized to withdraw from the contract in whole or in part. In the case of a temporary impediment, VI20 is authorized to defer or anticipate the supply to the extent that the event has consequences on the possibility of carrying out the same. VI20 reserves the right to modify its products at any time without the obligation to inform the customer, unless the value of the products offered is compromised to a significant extent by such changes (this clause seems to me to be terrorist, let’s see if we keep it!).

5) Object of the supply

Measurements, weights, illustrations, drawings and other similar material accompanying the supply does not bind VI20 in any way. Drawings and illustrations are never in any case included in the supply, they remain the property of VI20 and cannot be reproduced or transferred to third parties. The construction of the machinery or structure, object of the sale, may not correspond to the illustrations or drawings in whole or in part.

6) Shipping and transfer of risk

All shipments, including returns, travel at the Customer’s risk. The supply of the products to the Customer, in the usual packaging on the market, takes place, unless otherwise agreed, ex warehouse of VI20. If special packaging is requested, the related costs will be charged to the Customer. The choice of the form of shipment is up to the customer. The shipping risk is transferred to the Customer as soon as the goods leave the VI20 warehouse. VI20 assumes no responsibility for damage and loss occurring during transport. VI20, as a supplier, has no obligation to provide insurance for the goods. If the shipment is delayed at the request of the Customer, also for the purposes of the expiry of the payment terms, the provision of the goods is equivalent to delivery. The Customer will also be charged for the storage costs of the goods with third parties, costs that VI20 is from now on authorized to assume on behalf of the Customer.

7) Retention of title

The goods supplied remain the property of VI20 until full payment of its price and the extinction of all other credits of VI20 arising from the business relationship with the Customer, even if future or deriving from current account balance due to VI20. . The Customer, in the event of the above case, has the duty to keep the goods free of charge in the interest of VI20. In the event that the Customer resells the goods supplied by VI20, he transfers to VI20 from now on, until the full extinction of all his obligations towards it, all the credits arising from his purchaser, even if future. The assignment also extends to the buyer’s credits included in current accounts with its customers. For the purposes of the above, it does not matter whether the goods were sold individually or together with another. Despite the successful transfer, the Customer is authorized to collect the credits deriving from the resale of goods supplied by VI20. VI20 is authorized at its sole discretion to notify the transfer at any time. The Customer is prohibited from assigning to third parties or pledging the above credits. The Customer is required to store the goods encumbered by retention of title free of charge and correctly in favor of VI20 and to provide for adequate insurance coverage of the same with a primary insurer with a clause in favor of VI20 and for a sum that cannot be lower than the price still due plus any accessories. It is forbidden to pledge the goods. If the goods encumbered by retention of title in favor of VI20 are seized by third parties at the Customer, the distrained third party must be immediately informed of the existing retention of title. VI20 must be promptly informed of the attachment.

All costs caused by the attachment are charged to the Customer. If the Customer defaults in the fulfillment of its obligations towards VI20 or circumstances become known, such as unfavorable information from Banks or agencies, protests of bills or checks and other similar events, which make VI20’s credit appear in danger , the latter has the right to regain possession of its goods and for this purpose to access the buyer’s business premises. All costs arising due to the return to possession of the goods, even those of a possible new supply, are exclusively charged to the Customer. In this case, the Customer must compensate VI20 for the damage resulting from any decrease in the value of the returned goods. The right of VI20 to request compensation for greater damage remains unaffected. VI20 has the right to check at any time the existence and consistency of the goods encumbered by retention of title in its favor and to access the relative premises of the purchaser for this purpose.

8) Warranty, liability and defects

8.1 VI20 warrants all its new products against manufacturing defects and material defects for the duration of:

– 6 months from the delivery date;

These terms are valid for the maximum use of the vehicle for an 8-hour daily shift. For used products, unless otherwise agreed in writing between the Parties, the sale will be considered made without any guarantee.

8.2 The guarantee consists exclusively in the free replacement of those parts that will be recognized as defective by VI20, with the exclusion of the fixed right of call which is borne by the Customer.

8.3 The guarantee excludes all parts subject to wear due to the use of products and accessories not produced by VI20, for which the conditions of the respective manufacturers apply. Other claims, such as compensation for damage or compensation for loss of earnings, are excluded.

8.4 The warranty automatically lapses in the following cases:

– failure to carry out scheduled maintenance or non-compliance of the same as per the instructions in the VI20 use and maintenance manual

– improper use of the equipment, machine or structure;

– repair of faults by personnel not authorized by VI20

– modification of parts or installations of the asset

– failure to report the defect upon its discovery and in any case within the following 8 days

– failure to comply with the contractually agreed payment terms.

8.5 VI20 also reserves the right to interrupt the maintenance service where agreed in the event of failure, partial and / or delay in payment of the amount due, even if the goods are covered by warranty, accepting, as of now, the Customer as agreed herein, waiving any dispute.

8.6 No responsibility can be placed on VI20 in relation to particular regulations or particular constraints and provisions of an administrative nature connected to the area of ​​delivery, installation or use of the goods and to the need to adapt the goods themselves in relation to said regulations, constraints or provisions. These adjustments must eventually be subject to a specific written agreement and in the absence of the same it will be understood that the buyer has taken on the responsibility of adapting or modifying the goods making them suitable for use and avoiding any risk of improper use.

9) Taxes

Taxes, duties and all fiscal charges, present or future, inherent or consequent to the sale are the sole responsibility of the Customer.

10) Final rules

10.1 Any derogation from the provisions of these general conditions of sale must be agreed between the parties in writing: therefore any behavior, even repeated, of the parties that does not correspond to these conditions will not prejudice the right of VI20 to request the application of the conditions themselves.

10.2 Any invalidity of individual clauses does not affect the validity of the remaining ones. In this case the invalid clause is replaced by a valid one that is as close as possible to the economic content of the first.

11) Jurisdiction

Any dispute in relation to the interpretation, application and termination of the contract and of these general conditions of sale will be devolved to the exclusive competence of the Court of Perugia.

12) Code of Ethics and Organization, Management and Control Model of Vi20 S.r.l. (I highlight it because the system is still being implemented, so the consultants have to tell me if the clauses are right. In any case, let’s insert them in the meantime)

12.1 The Customer declares to be aware of the current legislation on the administrative liability of companies and of the provisions of Legislative Decree 231/2001.

12.2 The Customer acknowledges that VI20 has adopted a Code of Ethics in compliance with the provisions of Legislative Decree 231/2001. The Customer also declares to know the text, published on the website www.vi20.it.

12.3 The Customer undertakes not to put in place and to ensure that even its directors, employees and / or collaborators do not engage in acts or behaviors such as to violate the Code of Ethics of VI20 and, more generally, the commission of offenses referred to in Legislative Decree 231/2001.

12.4 The Customer also warrants that it has provided suitable measures to ensure the performance of the activity covered by this contract, in accordance with the provisions of the VI20 Code of Ethics.

12.5 In case of non-compliance by the Customer with Legislative Decree 231/01 and the Code of Ethics, VI20 will be able to terminate the contract for non-fulfillment pursuant to art. 1456 of the Civil Code, by giving simple written notice to the Customer by registered letter with return receipt.

13) Data processing

Pursuant to and for the purposes of the applicable national and community legislation on data protection, the Parties mutually agree to adhere to the fundamental principles for the protection and protection of personal data and declare that the personal data of which they will become aware, necessary for the fulfillment of the contractual service, will be treated and kept with adequate guarantees of security and confidentiality, designed to avoid illicit treatments.