Terms of Sale
Terms of Sale
To be carefully consulted and examined before proceeding with the purchase.
is recommended not to proceed with the purchase if, for any reason, you disagree even partially with the conditions stated in the above listing and/or with these terms 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 terms and conditions, and any referenced documents, as well as the Unfair Terms indicated below.
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 comply with 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 approve 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 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 of sale, and any referenced documents exclusively govern and regulate purchase transactions carried out and concluded between businesses, within the scope of their entrepreneurial activity: it is not permitted to complete purchase transactions with parties operating outside their entrepreneurial activity and who are therefore qualified, pursuant to applicable legal provisions, as "Consumers".
1.4 By proceeding with the purchase, you declare that you have carefully reviewed the conditions stated in the listing, these terms 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 disagree even partially with the conditions stated in the listing, with these terms 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 of sale, and any referenced documents, as well as the Unfair Terms indicated below.
2. Subject
2.1 This sale exclusively concerns the item or items described in the listing and 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 mode - Ex Works (Incoterms 2020) at the warehouse of AB Service S.r.l. located at Via dell’Industria n. 2E, 26046, Romanengo (CR), Italy with pickup by you, at your care and expense, of the good or goods
or
b) in DAP mode – Delivery at Place (Incoterms 2020) to the address you will provide at the time of purchase request.
3.2 The delivery and pickup times (in the case referred to in the previous point a)) will be those indicated in the listing.
3.3. Ownership of the good or goods is transferred to you once AB Service S.r.l. has received full payment.
3.4 All risks to which the good or goods are subject pass from AB Service S.r.l. to You at the moment the delivery is completed in the alternative ways referred to in art. 3.1 above.
4. Non-delivery
4.1 If it is not possible to proceed within the terms referred to in 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 delivery location at the time of delivery of the good or goods, a notice will be left with the necessary information to contact the courier or shipper to arrange the terms of a new delivery. In such case, all risk related to the good or goods shall be borne exclusively by you from the date of the temporary storage of the good or goods due to the 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 goods are available for delivery as per the above, the purchase contract shall be automatically terminated without the need for any communication. As a result of the contract termination, 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 remaining balance will be refunded, excluding VAT, according to the refund procedure to be agreed upon.
4.4 The transportation of the good or goods resulting from the termination of the contract may incur additional costs, which will be solely at your expense.
5. Price and payment terms
5.1 The price is always understood to be in EURO, VAT included.
5.2 The total sale price, including VAT, consists of the cost of the goods and, where applicable, the cost related to the shipping and delivery of the goods as indicated in the listing and as resulting from the completion of the purchase on the site; the price does not include (i) any taxes (including any withholding taxes), customs duties, charges, and any other tax applicable 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 goods.
5.3 The payment of the total price must be made immediately in full and according to the methods specified in the listing, as a condition for delivery.
6. Warranty
6.1 Condition and state of the goods. The goods are accepted by you in the actual state and condition in which they are found at the time of listing and the related description. AB Service S.r.l. is not obliged to carry out any type of repair and therefore all costs for repairs, supply of spare parts, qualified labor, among others, will be borne by you.
6.2 Hidden defects. Only in the event that the proven existence of defects not detectable at the time of purchase request ("Defects") manifests within 30 days following delivery, provided that such Defects are reported by you to AB Service S.r.l. within eight days of discovery ("Defect Report"), the following applies:
i. following the submission of the Defect Report, 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 labor required and any other costs for the replacement of the component are excluded;
ii. 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 Compliance. With reference to the CE marking, AB Service S.r.l. declares that the good or goods comply with the provisions of European laws in force at the time of listing; it is your responsibility to verify compliance with any specific public authority requirements for your activities.
6.4 Exclusive remedy. The provisions of this article shall be understood as the sole and exclusive remedy in the event that one or more Defects or any other defect occur, and no further warranties are provided.
7. Liability
7.1 The liability of AB Service S.r.l. under any title 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 previous 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 compensation for damages, even if foreseeable, that can be classified as punitive, special, incidental, indirect and/or consequential, as well as all damages classified 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 failure of one of the Parties to fulfill the assumed obligations may be justified and therefore will not give rise to liability if it is 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 failure ("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 and sectoral national and local 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 (whether public or private), serious accidents on roads, means of transport and/or during handling operations, adverse weather conditions (including persistent rain, snow 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 experienced a Force Majeure Event must provide written notice to the other party within 45 days.
9.3 In the event that a Force Majeure event lasts for more than 180 consecutive days, either party may terminate this sale by registered letter with return receipt or via certified email (P.E.C.). In such case, AB Service S.r.l. shall have the right to retain the portion of the price received up to that point and, if such amount is insufficient, to request compensation to cover the costs incurred and documented up to the occurrence of the termination.
10. Applicable Law and Jurisdiction
10.1 This sale is governed and interpreted according to Italian law, excluding the application of the "United Nations 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 Code of Ethics. 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 related to crimes, has adopted an Organization, Management and Control Model and a Code of Ethics, which can be consulted at the following link:
https://www.gruppoab.com/en/model-231-and-code-of-ethics/
On your part, in particular, you commit to engaging in behaviors that do not constitute violations of the Code of Ethics and the provisions of Legislative Decree 231/2001.
11.2 Privacy. You declare that you have read the information pursuant to Article 13 of Regulation (EU) 2016/679, available at the following link:https://www.gruppoab.com/en/customer-information/. Furthermore, YOU are obliged to process the personal data that you may become aware of exclusively for purposes strictly related to the execution of this sale and in accordance with the provisions of the current EU and national legislation as well as the measures issued by the Data Protection Authority regarding the protection of personal data.
11.3 Export. Upon request, you will provide a declaration guaranteeing that the 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 regulations. Furthermore, you will in any case hold AB Service S.r.l. and the companies of the AB Group harmless and indemnified from any claim, proceeding, legal action, fine, cost, expense, and damage arising from or related to any non-compliance by you with export regulations.
11.4 Prohibition of Nuclear Application. The goods sold are not intended for use (and will not be used by You) in connection with any nuclear facility or activity, and You shall hold AB Service S.r.l. harmless from any liability or claim of this kind arising from such use.
Unfair Terms
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 non-delivery; §6.1 – Condition and state of the Goods; §6.2 – Latent 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.