GENERAL CONDITIONS OF SALE
These General Conditions of Sale govern the contractual relationship between the parties after the acceptance by Energy to Motion of E.S. (hereinafter "E2M") of the Customer Purchase Proposal/Order. Sending the order by email implies acceptance of these general sales conditions. These General Conditions of Sale replace the versions contained in previous offers or price lists presented on the E2M previous website, as well as any other agreement reached between the parties, except for what is possibly agreed in writing and with direct Reference to these General Conditions of Sale by derogating from the content, on E2M headed paper duly signed by E2M legal representative. All the descriptions and illustrations contained on the E2M website, or in another E2M commercial documentation have the sole purpose of providing the customer a general idea of the products and will not constitute part of the contract between E2M and the customer. These General Conditions of Sale do not apply to the exports of products outside the Italian territory for which different contractual conditions are provided. Moreover, in the event that the products provided to the Customer in Italy are subsequently exported by them, it will be the customer's responsibility to obtain, at their own expense, all the necessary licenses and authorizations, also compliant with the rules relating to the export between Italy and the country of destination, with particular reference to the rules for the export of high -tech products.
PRICES
The prices are to be understood VAT tax excluded, which will be applied to the rate in force on the date of billing. Prices may undergo variations due to the cost of raw materials. In the event that the price of the ordered product is different from that indicated by the Customer in its order form, E2M will promptly contact the Customer who will have the right to confirm the order or not. Where prices are not expressly indicated, they must be specifically agreed and confirmed in writing by E2M before the shipment of the product.
CUSTOMER'S PURCHASE ORDERS
Orders can be submitted by the Customer by sending via email the documentations (ordinary email or certificated email) and will be considered as a contractual proposal that the E2M will confirm with specific communication, (order confirmation).
PAYMENT AND EXPRESS TERMINATION CLAUSE
Payments can be made according to the following methods:
- by bank transfer;
- through the PayPal mode on account sales@energytomotion.com;
However E2M reserves the right to ask a cash payment, within the limits allowed by the laws, or to propose other different ways of payment. Any payment condition different from the above must be agreed in writing with E2M, before to send the purchase order. All the payments will be done for E2M, without any compensation, deduction or demands from the client. In the event of non -payment of the price due by the Customer, the sales contract will be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. ("Payments and Express Termination Clause", as reported below ). In the event that payments are not made within agreed times, E2M reserves, however, the right to charge interest on arrears at the rate of interest in Article 5, Legislative Decree no. 231 of 9 October 2002, without prejudice to E2M right to claim compensation for any loss or damage suffered by it, and the reimbursement of any costs or expenses incurred for the recovery of their claims, including legal. In this case, all the sums at that moment due by the customer to E2M, also in relation to other supplies, will be collectable in full and every extension granted by E2M will be revoked.
PAYMENT AND EXPRESS TERMINATION CLAUSE
In the event of non-payment, E2M may have the right at any time to apply the Express Termination Clause or to seek provisional remedies provided by law, including temporary restraining orders and preliminary injunctions, or buy-back pursuant to article 1519 of the civil code. If it is necessary to give the permission to E2M to exercise and preserve its own rights, the client can accept this and Technology BSA, with its employees and agents, can enter in its own rooms just to collect the non-paying products. E2M will have in any cases the right to ask the whole compensation for damage sustained for the client default of payment.
LIMITATIONS
These General Conditions outline the entire area of responsibility of E2M regarding the products, with the exclusion of any other guarantee, condition and term, expressed or implicit, established by law, also with reference to the quality or suitability of products for specific uses, and except the guarantees that, by law, can be derogated with a particular reference to the Article 1229 of the Civil Code and concerning about the responsibility of damage caused by defective products belonging to the consumer. E2M is not the responsible for the lack of profit or for any other indirect damage sustained by the client for a fact, or an imputable omission against E2M according to these present general conditions or in relation with their sale. The applications described into the data sheets published on the E2M website and the combination of components, do not represent the only possible technical solution. E2M has no responsibility for the correct functioning of these applications, nor on their effects to the specific aims they could be involved in. E2M products weren't tested for medical applications or medical-surgery applications in gender and nature. E2M products must therefore not be used in these areas, therefore E2M doesn’t assume any responsibilities for this and for any malfunctioning and/or damage to things and people.
CURRENCY
Payments will be made in Euro; other currencies can be decided in writing between the parts.
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