Terms of service
1 Validity
1.1 The following General Terms and Conditions apply to all contracts between the contractor and the client and are binding for the client from the time the client places an order with FRUCOTEC SRL.
1.2 They also apply to all future contracts concluded between the contractor (FRUCOTEC SRL) and the client (CUSTOMER).
1.3 The General Terms and Conditions do not apply, or only partially, if the parties have made a written agreement to the contrary in individual cases or for individual contractual clauses.
2. General Terms and Conditions of the Client
2.1 The client's general terms and conditions shall not become part of the contract, even if the contractor does not expressly object to these terms and conditions.
3 Retention of Title and Terms of Payment / Penalties, Invoices, Advance Payments and Payments
3.1 Vehicles and objects manufactured or delivered by the Contractor shall remain the property of the Contractor until the agreed remuneration has been paid in full, provided that payment in installments has been agreed in writing and, if they are already in the possession or in any case at the disposal of the Client, they may be removed by the Contractor at any time, wherever they may be, at the Client's expense and to the exclusion of any objection on its part.
3.2 The buyer may under no circumstances delay or refuse payment of the purchase price, to the exclusion of any objection.
3.3 Delays in payment of more than 8 days from the date of delivery of the invoice shall entitle the Client to claim the outstanding amounts in court without further notice and to delay its own contractual performance until payment has been made.
3.4 After thirty days of delay in acceptance, the contract between the Client and the Contractor shall be dissolved by operation of law, entitling the Contractor to definitively retain the vehicle or object (and the right to dispose of the object) and the advance payments made, subject to the Contractor's right to claim higher damages.
3.5 The Client may withdraw from the contract up to the time of the start of production of the vehicle or object at the latest by means of written notification, which must be sent to the Contractor exclusively by fax or PEC. However, in the event of withdrawal, the Contractor shall be entitled to retain or demand payment for the withdrawal notified by the Client in writing (by fax or PEC) prior to the start of production and the advance payments that have fallen due by then in accordance with Art. 3.3 of these GTCs.
4 Delivery Dates and Delivery Periods
4.1 Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be specified in writing. Delivery periods shall commence upon conclusion of the contract. The Buyer may request the Seller to deliver ten days after a non-binding delivery date or a non-binding delivery period has been exceeded, but the Contractor shall not be obliged to pay any compensation whatsoever for late delivery or failure to meet a delivery deadline.
5 Warranty
5.1 If a service provided by the Contractor is defective, the Client may demand subsequent performance by means of FAX or PEC. If the defect is not remedied by the Contractor's subsequent performance, the Client may reduce the Contractor's remuneration. Subject to the following provision on liability, the Client shall not be entitled to any further warranty rights.
5.2 An obvious defect must be reported by fax or PEC within two weeks of the start of the warranty period. An obvious defect is a defect that is noticeable to a non-expert client without closer examination of the services provided.
5.3 The notification of a defect shall only be effective if it is made in writing by fax or PEC. After notification, the vehicle or item must be made available to the Contractor for inspection without delay, otherwise the warranty shall lapse.
6 Liability or Exclusion of Liability
6.1 The Contractor's liability for damage shall be excluded if the damage is attributable to a merely negligent breach of an obligation on the part of the Contractor and the breached obligation is not one of the Contractor's material contractual obligations.
6.2 When the vehicle or object is handed over, a precise briefing is provided, which is confirmed in writing by the Client. From this point onwards, the Contractor shall be released from its responsibility and shall not be liable for negligent or incorrect actions.
6.3 In addition, the Contractor does not guarantee any claim for damages of any kind due to incorrect operation or handling of the vehicles and objects produced.
7. Further Provisions
7.1 By signing the contract/order, the customer confirms that he has read and understood the contract and in any case also the present GTCs and that he unconditionally agrees to the points listed.
7.2 The contract shall be governed by Italian law.
7.3 The Provincial Court of Bolzano shall have jurisdiction over any matters or possible disputes relating to the validity and execution of this contract, and the Merano Court of Justice shall have jurisdiction over matters that fall within the competence of the Court of Peace.
7.4 Verbal collateral agreements to the contract are invalid. Amendments and supplements as well as the termination of the contract must be made in writing to be effective. This shall also apply to the revocation of this written form clause.
7.5 Should individual provisions of the contract including the above General Terms and Conditions or parts thereof be or become invalid or should the contract contain loopholes, this shall not affect the validity of the remaining provisions.
Within the meaning of Art. 1341 para. 2 and 1342 ZGB, the contracting parties specifically adopt the following clauses: Art. 3.1 and 3.2 (Limitation of the power to raise objections), Art. 3.3 (Power to suspend the contract), Art. 3.6, 5.2 and 5.3 (Forfeiture to the detriment of the customer), Art. 6 (Limitations of liability)