GENERAL CONDITIONS OF SALE AND USE
These general conditions of sale are applied in full to every order and to all our sales, except where otherwise stipulated, which must be expressly stated in writing by our Company. The sending or delivery of any purchase order by the Buyer to our Company implies full and unreserved acceptance by him of the general conditions of sale of our Company, even if not signed by him. These general conditions are shown on our website (https://www.cmclift.com) and in each Order Confirmation form it is indicated how to download them. They are therefore considered to be known by all Buyers.
1) ORDER PROPOSAL AND CONTRACT CONCLUSION (Specific signature)
The proposal, once received in the availability of CMC S.r.l., must be considered irrevocable for the proposing subscriber for the following 60 (sixty) days.
In any case, CMC reserves the right to accept it by confirming the order to the customer.
If the customer subscribing to the proposal does not receive formal acceptance of the same within the following 60 (sixty) days from the sending of the same, it must be considered rejected and for the effect completely ineffective between the parties.
The contract is valid only if completed in its entirety and signed by the legal representative of the customer or by a person with the power of representation resulting from a written deed dated prior to the conclusion of the contract.
Any changes occurring after the date of confirmation of the order must be agreed by the parties in writing.
2) PRICES AND PAYMENTS (specific subscription)
The price of the supply is understood to be agreed for materials, accessories and any services indicated in the order. Anything not expressly agreed will have a different and additional price.
The costs of registration, overhaul, testing as well as any tax and any other fulfilment related to the ownership or possession of equipment or vehicles approved for road circulation are also chargeable to the buyer.
The price must be paid by means of payment traceable and univocally attributable to the buyer through the specific methods indicated by the seller.
If the payment is deferred, the buyer will have to pay interest in an amount equal to the legal interest rate in effect at the time of signing the contract.
In case of late payment will be calculated in favor of the CMC S.r.l. the default interest parameters to the Italian Law and specifically according to Article 2 of Legislative Decree n. 231/2002 in implementation of Directive EU 2000/35/EC on combating against late payment in commercial transactions. Interest on late payments shall run from the day following the expiry of the period for payment without the need for a default.
Each payment, in any agreed form, is understood to be at the domicile of CMC S.r.l.
The bills of exchange endorsed by the client to CMC S.r.l. are accepted under reserve and the seller declines all responsibility for the non-presentation of the bills in time for the promissory note or for any formal irregularities.
The seller reserves the right to change the prices of the goods at any time in the event of increases in labor or raw material costs due to extraordinary and unpredictable causes. The buyer’s right of termination is reserved (pursuant to Article 1467 of the Italian Civil Code), except if the supervening cost falls within the normal scope of the contract.
The payment of the goods cannot be suspended or delayed by any compensations, disputes, claims, actions or exceptions promoted by the customer in relation to the goods supplied.
3) DELIVERIES (Specific subscription)
Delivery will take place depending on the production and / or delivery rate of CMC S.r.l. on the presumably indicated date. The delivery time, which is intended to be indicative and such not essential, is expressed in working days and starts from the payment of the sum as a security deposit agreed between the parties or from the receipt of the truck if provided by the customer or from acceptance written by the finance or leasing company in case of recourse to these sources of financing. In the latter cases, the delivery of the equipment will take place upon presentation of suitable documentation.
The delivery term is also understood to be postponed in the event of changes due to force majeure.
4) FORCE MAJEURE (specific subscription)
CMC S.r.l. will not be liable in the event of total or partial non-fulfilment as well as in case of a delay in the fulfilment itself, if such circumstances are caused by events such as, as an example, natural disasters, strikes, unlawful acts of a third party, order or prohibition by authorities, regulatory contingencies, delays of other manufacturers in the delivery of any equipment and / or raw material.
5) CHARACTERISTIC DATA AND DRAWINGS
The data, the dimensions, the weight, the functioning, the yield, the rotation overhang, etc. even those of the accessories shown in the catalogues and in the order proposals are without obligation and approximate. CMC S.r.l. reserves the right to make, without the need for prior notice, any modification of the same unquestionably deemed necessary and this also in consideration of new and possible INAIL regulations and the regulations of international tests. All drawings, illustrations and technical data prepared by CMC S.r.l. remain its exclusive property and cannot be reproduced or communicated to third parties without prior written authorization.
Unless otherwise agreed in writing, the equipment and machinery travel at the sole risk and peril of the purchaser even if sold under retention of title clause or delivered duty unpaid (DDU).
Transport risk insurance is carried out only if requested by and at the expense of the purchaser.
7) AUTHORIZATION TO USE
The client authorizes CMC S.r.l. and its employees to use the vehicles (including equipment) both at the Italian and international road and motorway site and via the railway, sea and air network to deliver them to the recipient.
8) WARRANTY (Specific subscription)
The machines, built exclusively by CMC S.r.l., are guaranteed in accordance with the «Warranty Booklet and Maintenance Schedule», the content of which is hereby intended to be fully transcribed and reproduced for all legal purposes.
For the materials and equipment of the other manufacturers, the warranty is that provided by each of the aforementioned manufacturers.
The warranty relating to machinery built exclusively by CMC S.r.l. takes effect from delivery and is limited to the replacement or repair of those parts, covered by warranty, for which a construction defect recognized or accepted by CMC S.r.l. is ascertained.
The repair and / or replacement of parts recognized and ascertained to be defective will be carried out only at the workshops authorized by CMC S.r.l.. The repair or replacement is subject, at the discretion of CMC S.r.l., to the production of written and / or photographic documentation of faults or breaks. CMC S.r.l. will carry out the works indicated above depending on the production rate of CMC S.r.l. on the presumably indicated date.
The costs of packaging, transport, loading and unloading of the replaced or repaired parts as well as the cost of labor and any further and subsequent charges are chargeable to the buyer.
The prices of the parts and spare parts not recognized under warranty will be those of the price list in force at that time.
Repairs and replacements are in any case always carried out at the seller’s headquarters or at the workshops authorized by the same.
The warranty will operate, pursuant to art. 1495 cc, only if the defect is reported to the seller within eight days of discovery and in any case within the terms of validity of the warranty. The complaint must be sent by certified email to the address email@example.com or by any other suitable means to allow legal knowledge.
Any delays in carrying out the repairs do not entitle the purchaser to compensation for damages or to extend the warranty right.
The warranty expires automatically, in addition to the cases indicated in the «Warranty Booklet and maintenance schedule», even in case that the buyer has not complied with the contractual payment obligations as well as in the case of inadequate maintenance of the goods sold as specified in the use and maintenance manual and in the “Warranty and maintenance planning booklet” and in case of incorrect keeping of the control registers. Furthermore, the warranty automatically expires in case of interventions by the purchaser, not expressly authorized, in case of use of non-original spare parts, inadequate oils and / or fuels as well as in case of failure to wash and check the equipment thoroughly. The warranty automatically lapses if some works on the mechanical and electrical parts of the machine are carried out by an unauthorized workshop.
In case of revocation of the warranty, the machine object of the same must be immediately stopped by the owner and promptly subjected to inspection by a certified authority which must issue a certificate of suitability for use. CMC declines all responsibility for non-compliance with this obligation. Once in possession of the certificate of suitability for use by the certified authority, CMC may, at its sole discretion, reactivate the guarantee or not, or motivate an additional inspection by CMC personnel whose intervention costs must be fully anticipated by the buyer.
Regarding the new factory machine constituting the support of the equipment, the warranty is that provided by the manufacturer. In the case of a used vehicle, in the absence of a different written agreement, no guarantee is given and the vehicle and / or equipment itself is accepted by the buyer as “seen and liked in the conditions in which it is found”.
From the delivery of the machinery, the buyer assumes all the risks associated with the operation, possession, use and circulation of the goods sold.
The purchaser is solely responsible for any liability deriving from non-compliance with the accident prevention regulations, the instructions for using the goods, and from non-compliance with the control rules of the equipment indicated in the use and maintenance manual.
Furthermore, the purchaser undertakes to strictly observe all recommendations, indications and requests received by CMC regarding the use and maintenance of the machine. In case of non-compliance, CMC reserves the right to revoke the warranty on the machine.
The purchaser is obliged to allow the use of the machine only and exclusively to personnel who are adequately trained and educated and made aware of the obligations and duties arising from this sales contract and the use and maintenance manuals.
Likewise, CMC S.r.l. will not be held responsible for any damage caused to the purchaser or to third parties in the event that the goods sold have been entrusted by the purchaser to personnel who do not have the required authorizations and / or adequate technical preparation, certified by the competent Authorities.
The buyer is obliged to always make himself available and reachable by CMC by providing exact contact details at the time of purchase and undertaking to promptly communicate any changes.
In the event of sale and / or transfer of the machine for any reason whatsoever, the new owner and his identification data must be promptly communicated to the CMC by means of a specific form prepared. Failure to comply with this obligation determines the declination of any responsibility of CMC towards the new owner.
10) CONTRACT TERMINATION (specific subscription)
In case of termination of the contract due to the fact and fault of the Buyer, the seller will be entitled to compensation for damage in the amount of 30% of the price of the overall supply if the contract is terminated before the execution of the works.
If the termination occurs during the execution of the contract, the Buyer must pay the full compensation for the works and for works carried out up to that moment as well as an amount equal to 30% of the price of the residual supply commissioned.
In the event of termination of the contract due to the seller’s fault and fault, the customer must promptly pay for the work and supplies carried out up to that moment.
The seller remains expressly authorized to charge what has already been received, both as an advance and subsequent agreements, to the compensation provided in the event of termination or to interest.
If the order proposal terminates after 24 hours of signing, for the materials or equipment of which CMC S.r.l. is the concessionaire, the buyer is required to pay 20% of the purchased good.
After 30 days from the cancellation of the order or from the deadline set for collection, the goods subject to cancelled or uncollected orders may be sold by CMC S.r.l. to third-party buyers without any obligation or liability of the seller towards the customer.
11) REGISTRATION, INSURANCE AND CIRCULATION LIABILITY (Specific subscription)
In the case of delivery of equipment or vehicles approved for use on public roads, the client is obliged, at his own expense and expense, to register the goods in the terms of law, excluding any liability of the seller.
The buyer must have stipulated the civil liability policies required by current legislation, releasing the seller from any liability deriving from the circulation of such vehicles or equipment.
In the case of payment by instalments of the good sold, the buyer undertakes at his own expense to insure the good against the risks of fire, theft and robbery for the entire duration of the instalment and in any case until the date of the last payment, by communicating to the insurance company, upon signing the insurance contract, the existence of the retention of title in favor of CMC S.r.l.
Insurance charges and premiums are the sole responsibility of the buyer.
12) RETENTION OF TITLE AND PAYMENT BY INSTALMENTS (specific subscription)
Where payment is made in installments, the sale of any good is understood to be entered into with reservation of ownership in favor of CMC S.r.l. and the machinery or material sold will remain the exclusive property of the latter pursuant to Italian law and specifically according to Article n. 1523 and of the Italian Civil Code, until full payment of the price and incidental costs.
With regard to the vehicle on which the operating machine is installed, the buyer, where requested by CMC S.r.l., will be required to complete all the formalities necessary for the registration of the retention of title with the competent Public Register as well as for the registration of any real right of guarantee in favor of CMC S.r.l. if expressly requested by the seller, bearing the relative costs and charges.
With regards to the operating machine object of the contract, CMC S.r.l. reserves the right to transcribe the retention of title in the appropriate Register. Any tax burden of authentication of signature, registration and transcription will be chargeable to the buyer, who also undertakes the obligations of filing and communicating to CMC S.r.l. of any executive / conservation act that may affect the machinery.
Failure to pay within the terms established even in a single instalment that exceeds the eighth part of the sale price, or failure to pay two instalments within the established terms, will give CMC S.r.l. the right to consider this contract terminated by law.
In this case, CMC S.r.l will have the right to obtain the immediate return of the goods sold at the expense of the purchaser and to withhold, by way of compensation for the use of the goods covered by the contract, the instalments collected.
In case of non-payment of the instalments, if it does not intend to make use of the express termination clause, CMC S.r.l. may exclude the buyer from the benefit of the term with the consequence that the latter will have to pay the agreed price immediately and in a single solution.
In the event of non-payment of two instalments, even if not consecutive, symptomatic of a decrease in the buyer’s assets or more generally in case of a significant change in the share capital which endangers the achievement of the consideration, CMC S.r.l. may suspend the execution of the service due by the same unless the buyer provides a suitable guarantee at his own expense.
13) PERSONAL DATA PROCESSING Regulation (EU) 679/2016
With this information, pursuant to art. 13 of Italian Legislative Decree n. 196/2003 and subsequent amendments and pursuant to art. 13 of EU Regulation 679/2016 (GDPR) concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data, we intend to provide you with the necessary information regarding the type, purpose, method and duration of the processing of personal data, together with the rights of the interested party.
The Data Controller is CMC SRL, VIA BITRITTO, 19, 70124 BARI. As part of its activity and for the purposes indicated below, it may make use of services rendered by third parties who operate on its behalf and according to its instructions, as Data Processors. These are subjects who provide the Data Controller with administrative, processing, technical-instrumental consultancy services (e.g., legal services, accounting services, IT services, technical services, etc.). It is possible to request a complete list of the persons appointed as Data Processors at the following e-mail address: firstname.lastname@example.org. In any case, the processing is carried out guaranteeing the security and confidentiality of the data, through the adoption of the measures provided for by Article 32 of Regulation (EU) 679/2016 in order to preserve the integrity of the data and prohibit access to unauthorised parties. Furthermore, your personal data may be disclosed to public or judicial authorities, where required by law or to prevent or suppress the commission of a crime.
In accordance with legal obligations, the data collected or already held are of a common and / or personal nature of the subscribers, i.e. information through which a subject can be identified as a natural person (e.g. name, surname, date of birth), data contact details such as residential address, telephone number and e-mail address, and details of an identity document (passport or identity card) to be transmitted to the judicial authority in accordance with the regulations in force for public safety.
The personal data provided, or already held, will be processed for the following purposes:
Fulfilment of service performance;
Assistance to the commercial services requested;
Invoicing with the conditions defined by the purchase contract;
Fulfilment of regulatory obligations including accounting, administrative and tax obligations;
Fraud prevention and management of delays or missed payments;
Credit protection and possible recovery, directly or through third parties (agencies / credit recovery companies).
The data will be processed in full compliance with the principles of confidentiality, correctness, necessity, relevance, lawfulness and transparency imposed by Regulation (EU) 679/2016 for the time necessary to achieve the purposes and, in any case, no later than 2 years from the last provision of services carried out, and 10 years for the purposes related to the legal obligations imposed for tax matters. The data will be processed with both manual and electronic tools, such as the use of dedicated management software.
We remind you that you are entitled to the rights referred to in articles 15 and following of Regulation (EU) 679/2016. At any time, you can ask the Data Controller, by sending an e-mail to the following certified e-mail box email@example.com for:
receiving confirmation of the existence of your personal data, knowing the purposes of the processing or their scope of circulation and accessing their content;
updating, modifying and / or correcting your personal data;
requesting, in the cases provided for by law, the cancellation, blocking of data processed in violation of the law or the limitation of processing;
opposing the processing for legitimate reasons;
revoking the authorization, where given, for the single and specific purposes requested;
receiving a copy of the data provided by you, taking into account the methods and duration of the processing, and requesting that such data must be transmitted to another data controller.
If you find a violation of your rights, you can contact the competent supervisory authority pursuant to art. 77 of the GDPR, without prejudice to the possibility of contacting the judicial authority directly.
14) REVIEWS AND DAILY INSPECTIONS
The purchaser undertakes and commits to provide at his own expense the periodic checks and inspections provided for by the relevant legislation, by the application regulations, by the circulars of the manufacturer.
In case of a specific request, the purchaser also undertakes to provide CMC with the data relating to machine inspections.
The buyer is also obliged to carefully inspect the machine before using it and to report to CMC any anomaly that could compromise its use. In the event of an anomaly, the purchaser will not be able to use the machine until it has been checked by CMC.
In any case, CMC S.r.l. will not be held responsible for any non-fulfilment and reserves the right to revoke the guarantee if the buyer fails to comply with the obligations set out in this article.
15) JURISDICTION (Specific signature)
Any dispute concerning or consequential to this contract remains subject to Italian law, and will be devolved to the exclusive territorial jurisdiction of the Court of Bari.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the buyer declares to have examined and expressly approved the following clauses contained in the general contract conditions: 1 (order proposal and contract conclusion), 2 (prices and payments), 3 (deliveries), 4 (force majeure), 5 (characteristic data and drawings), 6 (risks), 7 (authorization to use) , 8 (warranty), 9 (responsibility ) , 10 (contract termination), 11 (registration, insurance and circulation liability), 12 (retention of title and payment by instalments), 13 (personal data processing) , 14 (reviews and daily inspections) and 15 (jurisdiction) .