General Sales Terms
1. General aspects
1.1 Sales and delivery of CARLIEUKLIMA products take place only under the following conditions. Derogations or modifications applied on the present General Sales Terms will be effective only if they are confirmed in written form by CARLIEUKLIMA Sales Manager and they will be valid only for the specific sales involved. Therefore, each objection to these General Sales Terms made by the client, in the orders or in any other document sent to CARLIEUKLIMA, will be considered invalid and without effects unless this objection will be expressly accepted in written form by CARLIEUKLIMA.
2. Validity of offers
2.1 Offers made by CARLIEUKLIMA are not binding and they have a validity of 30 days. Orders can be accepted only if CARLIEUKLIMA has all client’s data. Orders not rejected in 10 days from their receipt are considered approved. Specifications present in any documentation are only indicative and may be modified by CARLIEUKLIMA. CARLIEUKLIMA reserves the right to apply economical and/or technical modifications to the products, as well as to update the technical documentation. All technical documentation remains intellectual property of CARLIEUKLIMA.
3. Prices
3.1 Unless otherwise agreed, prices are calculated in EURO currency. If between the contract stipulation and/or order by the client and the supply of the material or services should occur, for any reason, increases of material costs or of man power, agreed prices will increase accordingly, except if this period is shorter than 30 days.
4. Time of delivery
4.1 Unless otherwise agreed (written on the CARLIEUKLIMA order confirmation) delivery terms are indicative and not imperative and, in any case, automatically extended in case of Force-majeure (see par. 6). In case of late supply of goods/services or interruption of services, for reasons imputable to CARLIEUKLIMA, it will be CARLIEUKLIMA duty to take charge of all the relating additional charges. The client, immediately on receipt/collection of the goods, must verify the integrity of the material. After 8 days from receipt/collection of the goods, no complaint on the supply or service is accepted.
4.2 Unless otherwise agreed, whatever is the delivery term of the goods, this refers to the ICC Incoterms® 2020. In case of Incoterms® EX WORKS (EXW) or FCA Budoia-PN Italy delivery term, the client can collect the goods within 8 days from the goods ready notice. After this limit of 8 days, CARLIEUKLIMA can be considered free to use the material as it deems appropriate.
5. Payment conditions
5.1 Payments must be received at the seller's domicile, according to the terms agreed in phase of order. Payments to people not authorized by CARLIEUKLIMA will not be considered valid. Bills of exchange and current accounts cheques will be accepted unless they are received with recourse. In case of delay of payments, interests according to the art. 5 of the Italian Law D.Lgs n. 231/2002 in addition to relating legal costs. If the client does not make payments or suspends them, or in the case the seller discovers situations of the client that put in danger the debt collection, the client is considered immediately payable even if the bills expire later.
5.2 Unless otherwise agreed in written form, the client is not authorized to suspend payments or deduct/reduce/compensate them for any reason, neither in case of reclaims or complaints.
6. Force majeure
6.1 CARLIEUKLIMA will be not considered defaulting in case of force majeure. In this case, terms stated in the present general sales terms for the execution of that agreements will be postponed for a reasonable period according to the related consequences.
6.2 Cases of force majeure are all the events not chargeable to CARLIEUKLIMA and/or not foreseeable at the date of order acceptance and events that make the fulfillment of each contractual obligations impossible or unduly burdensome. Including but not limited to events of force majeure are: fires, delay times on border crossing, machinery breakdowns, unavailability of transport services / fuel/ energy resources/ manpower, delivery delay of CARLIEUKLIMA suppliers, who produce raw materials or semi-finished products for the seller, natural calamities, earthquake, flooding, Governments acts, strikes, embargo, lockouts, mobilizations, workers’ claims, revolutions, riots, wars, coup d’etat, terrorist acts, invasions and other events not under the control of CARLIEUKLIMA.
7. Guarantees
7.1 CARLIEUKLIMA supplies a warranty of 1 year from the delivery date according to the relating transport document. The warranty covers only the good construction and quality of the supply, excluding any damage caused by not proper use, impacts, bad installations or maintenance services, electrical power variations and other similar accidental causes.
7.2 CARLIEUKLIMA commits itself to solve any conformity defect on the construction of products appeared within the warranty terms of the material, provided that the client informs CARLIEUKLIMA about the defect in maximum 8 days from the receipt of the goods. In that case, CARLIEUKLIMA will chose whether to replace or to repair the defect products or part of them. For products of third parties, the warranty provided by CARLIEUKLIMA is limited to the suppliers’ one.
8. Costs of transport and installation of the material under warranty
8.1 In case of replacement or repair of a product, for which the application of the warranty terms is justified, CARLIEUKLIMA undertakes to bear all the relative transport costs, which must in any case be approved in advance with a written agreement between Customer and CARLIEUKLIMA.
8.2 All product/component replacement operations recognized under warranty are considered free of any charges necessary to CARLIEUKLIMA or its operator to reach the system. All costs relating to the rental of vehicles or equipment for even temporary access to the facilities are always to be considered excluded from what is recognized by CARLIEUKLIMA.
9. Installation and service
9.1 Concerning the installation, in case it is included in the contract, CARLIEUKLIMA will apply a standard cost according to the approved technical drawings and to the work site inspections. For works that are not included in estimates or service interventions, when required by the client, hourly rates applied at the moment of of the request will be applied. Transfer costs and accommodation will be on client’s charge. These rates will be sent to the client before the work execution; the client commits himself to accept them.
10. Packaging
10.1 Any claim related to the packaging, quantities or appearance characteristics of the products must be notified to CARLIEUKLIMA in written form in maximum 8 days from the receipt of the goods, otherwise it will be considered invalid. Moreover, the client, in case of damages to the packaging or other external faults, must notify the appropriate notes to the transport company.
11. Jurisdiction / Arbitration
11.1 For each disagreement related to the present general sales terms the Italian jurisdiction is applied and will be settled exclusively in the Pordenone court (Italy).
12. Communications
12.1 All communications relating to complaints, returns, requests for assistance, interventions covered or not by warranty and all related communications must be made in writing, and will be considered valid if sent via email to one of the following addresses: assistenza@carlieuklima.it, amministrazione@carlieuklima.it, commerciale@carlieuklima.it. Any other communication sent to one of the other e-mail addresses attributable to other offices or to individual company collaborators is not to be considered acceptable.
13. Privacy Protection Regulation (EU) 2016/679
13.1 All information on the client’s activity that will be supplied to CARLIEUKLIMA staff or collaborators, will be considered confidential and applicable according to the limits and for the purposes of the assignment. Personal data collected and/or collectable for the purpose of the general sales terms will be treated in conformity to the General Data Protection Regulation (EU) 2016/679 ("GDPR"). The complete policy is present on CARLIEUKLIMA website at the following link: https://carlieuklima.it/en/privacy-policy/.
According to the 1341 and 1342 articles of the Italian Civil Code, the client declares to have read, understood and to accept specifically the following unfair terms present in this document: 2. Validity of offers, 3. Prices, 4. Time of delivery, 5. Payment conditions, 6. Force majeure, 7. Guarantees, 8. Costs of transport and installation of the material under warranty, 9. Installation and service, 10. Packaging, 11. Jurisdiction / Arbitration, 12. Communications.
