Clutches overhaul – Ima company provides clutches revision both standard and customized – Made in Italy
1. Subject of delivery and acceptance – Supplies include only as expressly specified in the offer of the IMA Srl and they are governed by these terms and conditions. Orders are considered accepted upon presentation of the order confirmation by IMA Srl or acceptance of the offer. The placing of an order by the customer implies acceptance of these general conditions of sale; The receipt by the customer of products delivered by IMA Srl receipt that the customer delegates to any of its employees to perform and attest to his account and / or partial payment by the customer of products, constitute acceptance of the same of these general conditions of sale. The execution of the supply will be suspended in case of change in the financial circumstances of the customer pursuant to art. 1461of D.C.
2. Prices and terms of payment – Prices are established separately for each individual order / delivery, unless otherwise agreed in writing; they do not include the costs of packaging, transport and install and any other fee or charge to be paid to any title to public and / or private. The customer can not in any way and for any reason, suspend or delay payments at the due date and therefore; the due date of invoices elapsed, interest for late payment calculated based on the current cost of money during the period of late payment. Invoices which are not disputed by registered letter within eight days of receipt are accepted: the delay in the payment of the same, or installments of the agreed price, also referring to current orders partially or split deliveries gives IMA Srl the right to believe reversed the order and to suspend further deliveries, except for the right to compensation for damages. If the terms of payment has been agreed the payment of an advance when ordering, it is on the faculty of IMA Srl not to start the execution of the contract until the receipt of the advance. Similarly it is right to IMA srl suspend the execution of other supplies that he may be in progress. And ‘expressly it agreed that the products covered by the supply / contract remain the property of IMA Srl until total payment by the customer of the agreed price .
3. Delivery – The delivery is rough and the period of preparation, starting from the day the agreement on every detail of the supply contract, and does not begin before receipt of the installment payment order, when it is agreed. It means law appropriately prolonged if the customer does not fulfill its contractual obligations on time and in particular:
- If the customer fails to comply on time payments;
- If the customer does not provide in due time all the data necessary to effect the supply or the tolling and not readily approve the designs of the executive schemes where it is required and the type of friction material;
- If the customer requires changes during the execution of the order;
- If the customer does not provide in due time any materials of its delivery;
- If you develop a cause beyond good will and diligence of IMA Srl including proven delays of subcontractors;
- If the delay in delivery is due to force majeure (including strikes of national and corporate, occupation of factories etc.) And removed from any other cause control of IMA S.r.l Delivery is the defendant in the stock of IMA Srl and performed at the time of translation of the material to the customer or the carrier. Where provisions requiring the customer to postpone the delivery, compared to the agreed time, will be borne by all related charges.
4. Testing – The testing consists in checking the consistency of supply (existence of all parties in the list materials, the testing should take place within a maximum of 20 days after delivery expected); If this is not possible within that time, because of difficulties for the buyer (for staff problems, production or other), the product will be considered tested, from that date shall commence the warranty start.
5. Packaging, shipping, transport – IMA srl It provides the most accurate execution of the package depending on the type of product and according to their own experience: however remains expressly disclaimed all responsibility for any damage which for unpredictable conditions fortuitous or failures, or IMA unknow, the products may suffer during transport. The products even if sold ex work paid, always travel on behalf of the customer and, even in the case of return to his. The Customer must give the IMA srl the necessary shipping instructions; failing this, to IMA srl own risk will ship with the means it believes most convenient; but always without liability. Any transport insurance will have to be explicitly requested by the customer and will be made at his expense. Obbligation is given to each client to make, upon receipt of the products, the necessary checks and, in case of damage or missing items, the necessary relatively in comparison to any carrier before the junction. Although the agreed price includes the cost of transport, will be charged to the customer any extra expenses due to disruption of transport services, stop for space station, increases in freight rates than those provided, use of means or lowest onerous, etc.
6. Return of materials – Materials that for any reason should be returned to IMA Srl : Guarantees, repairs, rejected, etc. They can be sent only at the specific authorization of the IMA Srl – To this end, the IMA srl inform the Customer, with the fastest means, the identification code that must accompany the return. The materials sent to the IMA srl They must be properly packed, and references for the return authorization clearly identifiable on the outside of the same. In the case of returned goods for repair under warranty or not, the Buyer shall attach a brief note with details of the fault; failing which the IMA srl We reserve the right to charge € 1,000 = (one thousand) as a contribution fixed for troubleshooting.
7. Warranty – On good quality and good construction products IMA Srl – Assumes the warranty of 6 months from delivery undertaking to provide, free of charge, as soon as possible defective parts provided that this does not depend on a natural attrition, failures caused by inexperience or negligence of the customer, fortuitous events or force majeure, from excessive consumption, beyond the standard limits, overheating, abrasions or grooves due to rubbing of counterparts (drum, disc, metal rings) damaged, ovalized or not perfectly smooth. The parts subject to rubbing must be free of any deformation. (Ovalization), or the presence of substances: grease, flammable, acids, resins in general. etc .. The returned parts are owned by IMA Srl and will be returned at the expense of the customer. In case of repair, in cosideration of the aformentioned, IMA srl will not provide its staff. All expenses required for repair or replacement under warranty, including travel expenses, technical studies and labor, will be charged to the customer. The warranty of the IMA srl ceases to have effect if the customer brings, without written permission of IMA Srl changes in the product, if it shall carry out incorect repairs or fixtures, if he doesen’t make the payments within the agreed time, whether the products are installed so as to be overloaded or when you exceed impego temperatures, beyond the limits set out in data sheet attached to the supply contract, if the parties pertaining to the customer are not performed in a workmanlike manner, if the plant does not have the equipment or the protections necessary for the proper operation and control of products according to current regulations. No compensation will be due to the Customer to the time when the system can not work due to the repair or replacement to be made. The Warranty period shall end at the end of the period even when the products have not been put into service for any reason. Upon expiry of the warranty period set in this article, the IMA Srl will be exempt from any obligation or liability under the contract and the customer can no longer propose actions provided for in Articles 1490-1495-1497 CC The warranty parts which by their nature and manner of use are subject to continuous wear and / or rapid.
8. Compensation for damages – are not permitted requests for damages by the customer against IMA Srl for delays, violations and breaches of contract, negligence and errors in performing activities of preparation, delivery, installation, tuning etc.,. Excluding still compensation for damages such as loss of production or consequential damages in kind that may be due to the reasons mentioned above.
9. Industrial – The supply of products manufactured on the design, drawings, technology or specification provided by the customer, as well as the publication of any information or technical data relating to the same, does not allege that IMA Srl the assumption of responsibility for the violation of industrial property rights of third parties. The Customer shall assume the obligation to ensure that their use are not violating industrial property rights of third parties and shall be solely borne any expenses arising from possible violations. Therefore, the customer will indemnify IMA srl and suppliers of the same from any third party claims.
10. Disputes – Any dispute which could result in the contract, even with foreign nationals or goods supplied abroad, shall be governed by current Italian law and must be brought before the Court of Florence, this also being affected by Articles 31, 32 and 33 of the CC, the customer not being able to appeal to any authority other place, even by way of guarantee or connection of cause. And ‘however it reserved the IMA srl the right, exerting action as an actress, to experience it in the place of residence, in Italy or abroad, the customer and acting before the Judge of Civil Procedure.
11. Exceptions – Any stipulation in total or partial derogation to these general conditions of supply, must be understood as an explicit written agreement without any effect, against IMA Srl for any verbal agreement agreed with the agents or officials of the same that hasn’t been confirmed in writing. In no case can be agreed the cancellation of all or generalized validity of these general conditions of sale.