General Conditions of Sale
PREAMBLE
Beghelli products are constructed in accordance with the highest safety and quality standards, and no compromise is made with regard to foreseeable overload conditions or to the safety of persons, domestic animals or property, provided that all devices are installed and used for the purpose for which they are intended, under the environmental conditions provided, and are fitted correctly and maintained properly by qualified personnel.
Where applicable, products are manufactured in compliance with the requirements of Community directives 2014/35/EU, 2014/30/EU, 2014/53/EU, 2014/30/EU, 2009/125/EC and 2001/65/EC.
The CE marking affixed to the product and/or packaging and/or any instructions for use which accompany the product certify compliance with the above Directives. Beghelli keeps its own Technical Archive containing the documentation which demonstrates that the product in question has been examined to assess compliance with these Directives. The documentation in the Technical Archive is available for inspection by the competent authorities.
Products that do not fall within the scope of the EC Directives referred to above nonetheless comply with the quality standards set out in the various regulations currently in force, as well as those contained in Directive 2001/95/EC ("the General Product Safety Directive"), implemented by Legislative Decree no. 172/2004.
The information contained in the Beghelli catalogues may be subject to change without notice.
All instructions, measurements, drawings and photographs of products and components are provided for information purposes only, and are subject to change without prior notice. This information should not be considered to be pre-contractual information. All products that are to be connected to mains power must be fitted in accordance with the electrical installation rules in force in the country of destination, and with the information contained in the product catalogues and/or the instructions included with the product itself.
The product catalogues are available on the Beghelli website at www.beghelli.it at the following link, or can be requested from :
Beghelli S.p.A. Sales Management - Via Mozzeghine, 13/15 Loc. Monteveglio - 40053 Valsamoggia, Bologna
1. ORDERS - COMPLETION OF AGREEMENTS
Product purchase orders must be provided in writing. The placing of an order is final
All collaboration schemes, orders, commissions and agreements are considered to be completed when verbal or written confirmation is received from the Seller or once the billing and/or delivery of the ordered products has taken place.
2. CHANGES AND VARIATIONS
Once the order has been completed, any change or addition to the contents and conditions thereof will only be considered valid (and therefore become effective) once the Seller has sent the Buyer confirmation of this change. The text of the confirmation or the confirmation of change received from the Seller will prevail over any other document.
Where the Buyer does not wish to accept the updated terms regarding their order, they must declare this within 20 (twenty) days from the date of confirmation. Failure to do so will result in the confirmation of change being deemed to be accepted in full.
3. ACCEPTANCE
The Seller may not be held liable for any non-acceptance of an order, or for failure or delay in the delivery of goods that constitute the order in question. The acceptance and completion of the order are specifically subject to the availability of the products ordered, and to the absence of any circumstance that could have an impact on the availability of these products, and on the prompt delivery thereof.
4. TERMS OF DELIVERY
The delivery terms communicated by the Seller are purely indicative.
Delivery dates expressed in days usually refer to working days.
Any changes in the terms of delivery requested by the Buyer must be accepted in writing by the Seller. Delay, disruption and/or total or partial suspension of the delivery, even if not as a result of force majeure and/or unforeseeable circumstances, does not entitle the Buyer to compensation for damages and/or reimbursement of any kind or to repayment of any interest due. In such situations, the Buyer may only cancel the order, having provided the Seller with formal notice of this at least thirty days from the day of receipt of the registered letter sent by the Buyer.
5. FORCE MAJEURE
For indicative and illustrative purposes only, the following are considered to be cases of force majeure:
strikes, lockouts, riots, labour disputes, fire, natural disasters, inability to supply products, interruptions or difficulties in shipping, transport delays, lack of raw materials, government acts, measures introduced by the authorities, any supplier failings or shortcomings and, more generally, any other unpredictable event that is outside of the reasonable control of the Seller (this list is not exhaustive). In all such cases, as well as in the event of other unforeseeable circumstances, the Seller reserves the right to suspend and/or delay the delivery of products and also to cancel orders (including those already confirmed), without this entitling the Buyer to demand compensation for damages and/or reimbursement of any kind from the Seller. This includes direct, indirect and consequential damages.
6. DELIVERY - TRANSPORTATION
Goods always travel at the Buyer's risk, even if sent via prepaid freight and/or in a vehicle owned by the Seller, and accordingly, the Seller will not accept any claims relating to breakages and/or tampering with products.
Products are delivered to the Seller premises in Monteveglio - Valsamoggia (Bologna) or to depositories that belong to third parties, with whom the Seller has entered into agreements relating to this matter ("Ex works" condition - Incoterms 2010).
The transport costs are borne by the Buyer. The Seller does not accept return packages.
7. COMPLAINTS - REPLACEMENT OF GOODS
With regard to replacements and complaints, the safeguards stipulated by the laws and regulations regarding the specific type of customer, consumer or professional operator shall apply. On receipt of the goods, the Buyer must check the condition of these, as well as ensuring that the amount of products supplied corresponds with the delivery note. Any complaints regarding the quality, quantity or type of product must be made in writing within 8 (eight) days from the date of receipt of goods. After that date, and subject to the various warranty conditions laid down for individual products, no claim can be submitted regarding either the substance, quality or general condition of the goods. The Buyer may not return the goods under any circumstances without the prior written consent of the Seller, and similarly, may not delay and/or suspend payment of invoices in full or in part, even in cases where the product in question is the subject of a complaint. Should the complaint be deemed to be founded in the opinion of the Seller, and has been brought within the warranty terms contained in the illustrative booklets that accompany each product, the obligation of the Seller is limited to the simple substitution of the non-compliant product, which shall be delivered in the same way as the original product supplied. As such, the Buyer does not have the right to cancel the order or to obtain any form of compensation for expenses and/or damages related thereto. The right to replacement of the product that is the subject of a complaint no longer applies in all cases in which the product is not carefully stored, rendered available to the Seller, and immediately returned to the place specified by the latter.
8. APPLICATION OF THE WARRANTY
The warranty only applies to product defects and/or non-conformity where this falls under the terms and conditions indicated in the technical specifications stated and/or agreed, or following the premature breakage of a component of the product.
The period of validity of the above-mentioned warranty is 4 years for products marked 4G (on all parts, including batteries), 3 years for products market 3G (on all parts, except bulbs) and, in general, for the number of years indicated alongside the letter G (e.g. 10 years for products marked 10G).
For products not marked 4G or 3G, the normal legal requirements apply.
The warranty does not apply to products which have been tampered with, or to defects caused by accidental damage of any kind, including during transport and installation, or to damage caused by improper use or by failure to comply with the product specifications. Similarly, the warranty does not apply to defects caused by negligent use and maintenance, by incorrect installation or connection, or by installation of a product by someone other than a qualified professional, or not carried out in accordance with the highest professional standards.
Unless otherwise required by applicable law, the warranty is limited to the replacement/repair of the non-compliant product or parts thereof. The new or repaired product shall be delivered in the same way as the original product supplied.
Warranty operations carried out by the Seller are subject to compliance with the terms of payment by the Buyer.
9. PRICES
The prices indicated in the Seller's price lists are not binding, and as such, the Seller reserves the right to modify these up to the time of delivery of the products.
The prices are net of VAT and any other taxes.
10. PAYMENTS
All payments must be made in accordance with the terms and in the manner indicated by the Seller at the headquarters of the latter located at Monteveglio - Valsamoggia (Bologna), or to the person specified by the Seller, who is in possession of written authorisation from the latter. In case of delayed payment, the Buyer shall pay the Seller default interest, running from the expiry of the contractual period until final payment. This default interest will be charged in accordance with the rates stipulated by Legislative Decree 231/2002, except in the case of reimbursement for major damages suffered. Any failure to meet the terms of payment by the Buyer will entitle the Seller to terminate the supply contract with immediate effect, as well as granting the latter the right to suspend delivery of all products on order, with no obligation to communicate this to the Buyer. Furthermore, the Seller reserves the right to demand immediate payment of the entire outstanding balance, and to take steps to recover any damages.
In case of non-payment and/or the worsening of the financial conditions of the Buyer that could negatively affect the collection of the balance due by the Seller, and/or in the case of long delays in payment and/or high total outstanding debts (which may relate to amounts owed for previous purchases) by the Buyer, the Seller reserves the right to apply the provisions of Article 1460 and 1461 of the Italian Civil Code, to take appropriate precautionary measures, and to resort to all other permitted forms of self-preservation; It is further agreed that in such cases, the Seller may suspend any and all future deliveries of products to the Buyer.
11. LIEN AGREEMENT
A lien agreement applies to all products sold; as such, products shall remain the property of the Seller until payment for these is made in full.
Accordingly, the Buyer agrees to inform third parties of the existence and validity of this lien agreement, and to safeguard the rights of the Seller arising therefrom.
12. PROTECTION AND SAFEGUARDING - DISPUTES AND COURT OF JURISDICTION
The invalidity or unenforceability of any provision contained within these General Terms and Conditions shall not prejudice or detract from the validity and enforceability of the other provisions; both the Seller and the Buyer hereby undertake to replace any clause declared ineffective and/or null and void or impracticable with another provision with similar effect.
Any controversy or dispute relating to the interpretation, validity and completion of an order, or to the agreements covered by these Terms and conditions, will be governed by Italian law.
The sole court of jurisdiction is the Court of Bologna.