Terms and Conditions of Sale
To be consulted and carefully examined before proceeding with the purchase.
It is recommended not to proceed with the purchase if, for any reason, you are even partially in disagreement with the conditions indicated in the listing above and/or with these terms and conditions of sale, or if you are acting as a Consumer.
The purchase request therefore implies your acceptance of the conditions indicated in the listing, these conditions, and any referenced documents, as well as the Vexatious Clauses indicated below.
It is understood that the submission of the purchase request does not in any way bind AB Service S.r.l. to accept such request, remaining free to adhere to it. All purchase requests are subject to the discretionary approval of AB Service S.r.l.

1. General Provisions
1.1 The submission of the purchase request does not in any way bind AB Service S.r.l. to accept such request, remaining free to adhere to it. All purchase requests are subject to the discretionary approval of AB Service S.r.l.

1.2 The conditions indicated in the listing, these terms and conditions of sale, and any referenced documents govern and regulate this sale of goods by AB Service S.r.l. concluded remotely through this website.

1.3 The conditions indicated in the listing, these terms and conditions of sale, and any referenced documents exclusively govern and regulate purchase transactions carried out and concluded between businesses, within the scope of their business activity: it is not permitted to complete purchase transactions for subjects operating outside their business activity and who are therefore classifiable, pursuant to applicable legal provisions, as “Consumers”.

1.4 By proceeding with the purchase, you declare that you have carefully examined the conditions indicated in the listing, these terms and conditions of sale, and any referenced documents, including expressly the privacy policy.

1.5 It is recommended not to proceed with the purchase if, for any reason, you are even partially in disagreement with the conditions indicated in the listing, with these terms and conditions of sale, or if you are acting as a Consumer.

1.6 The purchase request therefore implies your acceptance of the conditions indicated in the listing, these terms and conditions of sale, and any referenced documents, as well as the Vexatious Clauses indicated below.

2. Subject Matter
2.1 This sale exclusively concerns the good or goods as described in the listing and in any referenced documents.

2.3 Any activity other than the sale and delivery of the good or goods is expressly excluded.

3. Delivery
3.1 The delivery of the good or goods will take place, depending on your selection during the purchase request phase, exclusively:

a) in EXW - Ex Works (Incoterms 2020) mode at the AB Service S.r.l. warehouse in Via dell’Industria n. 2E, 26046, Romanengo (CR), Italy, with collection by you, at your care and expense, of the good or goods

or

b) in DAP – Delivery at Place (Incoterms 2020) mode to the address you provide during the purchase request phase.

3.2 The delivery and collection times (in the case referred to in point a) above) will be those indicated in the listing.

3.3. Ownership of the good or goods is transferred to you at the moment AB Service S.r.l. has received the full price.

3.4 All risks to which the good or goods are subject pass from AB Service S.r.l. to you at the moment delivery is completed in the alternative modes referred to in art. 3.1 above.

4. Failure to Deliver
4.1 If it is not possible to proceed under the terms of point a) of art. 3.1 above, the good or goods will be kept in storage at AB Service S.r.l. In this case, a new date for collection by you will be agreed upon.

4.2 In the case referred to in point b) of art. 3.2 above, if you are not present at the place of delivery at the time of delivery of the good or goods, a notice will be left with the necessary instructions to contact the courier or forwarder, to arrange a new delivery. In this case, all risks relating to the good or goods are your exclusive responsibility from the date of temporary storage of the good or goods due to failed delivery.

4.3 If delivery cannot take place for reasons not attributable to AB Service S.r.l., after 30 days from the date on which the good or goods are available for delivery as per the foregoing, the purchase contract will be automatically terminated without the need for any communication. As a consequence of the termination of the contract, AB Service S.r.l. will retain from the amounts paid by you the portion necessary to cover the expenses incurred by AB Service S.r.l. for managing your purchase request, including delivery costs. Any difference will be refunded, excluding VAT, according to the refund procedure that will be agreed upon.

4.4 The transport of the good or goods resulting from the termination of the contract may incur additional costs which will be your exclusive responsibility.

5. Price and Payment Terms
5.1 The price is always understood in EURO, excluding VAT.

5.2 The total sales price, excluding VAT, is composed of the cost of the good and, where applicable, the cost relating to the shipment and delivery of the good or goods as indicated in the listing and as resulting from the completion of the purchase on the website; the price does not include (i) any taxes (including any withholding taxes), customs duties, charges, and any other applicable taxes in the destination country indicated by you, according to the delivery method chosen by you in the purchase request; (ii) any component and/or activity not expressly included, even if necessary for the functioning of the good or goods.

5.3 Payment of the total price must be made immediately in full and by the methods provided in the listing, as a condition for delivery.

6. Warranty
6.1 Condition of the good. The good or goods are accepted by you in the factual state and conditions in which they are at the time of the listing and its description. AB Service S.r.l. is not obliged to carry out any type of repair and therefore you will bear all repair costs, supply of spare parts, qualified labor, among others.

6.2 Hidden defects. Only in the event that the proven existence of defects not detectable at the time of the purchase request (“Defects”) manifests within 30 days following delivery, provided that such Defects are communicated by you to AB Service S.r.l. within eight days of discovery (“Defect Notification”), the following applies:

i. following the submission of the Defect Notification, you will, at your own care and expense, deliver the good or goods to AB Service S.r.l. so that the latter can inspect the good or goods to identify the Defects and, if recognized at the discretion of AB Service S.r.l., AB Service S.r.l. will (a) eliminate the Defects through repair, or (b) provide a replacement and/or alternative component to the defective one. In the latter case, the costs of necessary labor and any other cost for the replacement of the component are excluded;

ii. the following do not constitute Defects: (a) normal wear and tear of components (b) careless or negligent use (c) damage caused by a Force Majeure Event or by third parties.

6.3 Conformity. With reference to CE marking, AB Service S.r.l. declares that the good or goods comply with the requirements of European laws in force at the time of listing; it is your responsibility to verify their conformity with any specific public authority requirements for your activities.

6.4 Exclusive remedy. The provisions of this article are to be understood as the sole and exclusive remedy in case one or more Defects or any other defect should occur, and therefore further warranties are excluded.

7. Liability
7.1 The liability of AB Service S.r.l. for any reason is governed as follows:

i. in cases of willful misconduct or gross negligence, it is without any limit;

ii. in all cases not included in the preceding list, it is limited to a maximum amount equal to 10% (ten percent) of the price.

7.2 To the fullest extent permitted by applicable law, in all cases of liability for damages of AB Service S.r.l., the compensability of damages, even if foreseeable, that are classifiable as punitive, special, incidental, indirect and/or consequential, as well as all damages classifiable as loss of profit (whether direct or indirect), is expressly excluded.

8. Returns
8.1 Any returns may only occur if expressly provided for.

9. Force Majeure
9.1 The non-fulfillment by one of the Parties of its assumed obligations may be justified and therefore will not give rise to liability if caused by the occurrence of an event that is simultaneously (i) unforeseeable; and (ii) beyond the control of the parties; and (iii) the direct cause of the non-fulfillment (“Force Majeure Event”). Possible Force Majeure Events wherever they occur include: acts of terrorism, sabotage, vandalism, theft, riots and civil unrest, wars (even if undeclared), general national and local strikes and category strikes, difficulties in sourcing raw materials and/or components, closure of ports, roads and airports, any measure (regardless of its legal nature and even if invalid) issued by entities, companies, authorities or other bodies (both public and private), serious accidents on roads, means of transport and/or during handling operations, adverse weather conditions (including persistent rain, snowfall and/or hail, lightning strikes, low or high temperatures, etc.), atmospheric events and natural disasters (including volcanic eruptions, earthquakes, landslides, floods, inundations, tsunamis, etc.) fires, epidemics and pandemics; etc.

9.2 The party that believes it has suffered a Force Majeure Event must notify the other in writing within 45 days.

9.3 In the event that a Force Majeure event lasts for more than 180 consecutive days, each party may terminate this sale by registered letter with acknowledgment of receipt or by certified email (P.E.C.). In such a case, AB Service S.r.l. will be entitled to retain the portion of the price received up to that point and, if this amount is not sufficient, to request compensation to cover the documented costs incurred until the termination occurs.

10. Applicable Law and Jurisdiction
10.1 This sale is governed and interpreted according to Italian law, with the exclusion of the application of the “Convention on Contracts for the International Sale of Goods”, UN, Vienna 1980.

10.2 For any dispute, the Court of Brescia shall have exclusive jurisdiction.

11. Miscellaneous
11.1 Organizational Model and Ethical Code. AB Service S.r.l., in order to comply with the provisions of Legislative Decree 231/2001 regarding the liability of companies for administrative offenses arising from crimes, has adopted an Organization, Management and Control Model and an Ethical Code, which can be consulted at the following link: https://www.gruppoab.com/it/modello-231-e-codice-etico/. You are specifically obliged to act in ways that do not constitute violations of the Ethical Code and the provisions of Legislative Decree 231/2001.

11.2 Privacy. You declare that you have read the information pursuant to art. 13 of Regulation (EU) 2016/679, which can be consulted at the following link: https://www.gruppoab.com/it/informativa-clienti/. Furthermore, you undertake to process any personal data you may become aware of exclusively for purposes strictly connected to the execution of this sale and in accordance with current community and national legislation as well as the provisions issued by the Data Protection Authority.

11.3 Export. Upon request, you will provide a declaration guaranteeing that the good or goods and each of their material and/or immaterial components will not be transferred to third parties in violation of export regulations issued by the European Union, the United States of America and/or the United Nations, as well as any other applicable national and international legislation. Furthermore, you will in any case indemnify and hold harmless AB Service S.r.l. and the companies of the AB Group from any claim, proceeding, legal action, fine, cost, expense, and damage arising from or relating to any non-compliance by you with export regulations.

11.4 Prohibition of Nuclear Application. The good or goods sold are not intended for application (and will not be used by you) in connection with any nuclear facility or activity, and you will indemnify AB Service S.r.l. from any such liability or claim arising from such use.

Vexatious Clauses
Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, you declare that you have read and specifically approve the following articles: §4.3 – Termination for failure to deliver; §6.1 – Condition of the Good; §6.2 – Hidden defects and related notification, remedies, exclusions; §6.4 – Exclusive remedy for Defects; §7 – (limitation of) Liability; §9 – Force Majeure; §10 – Applicable law and jurisdiction; §11.3 – Indemnity for export; 11.4 – Indemnity for nuclear application.