Sales Terms

This is a courtesy translation. In the event of any discrepancy, the Italian version of these conditions of sale shall prevail.

Art. 1 – VALIDITY

These conditions of sale, delivery and payment apply to all sales of products by Ideal Clima System Srl (hereinafter Ideal Clima). They supersede all previous conditions and may be amended at the initiative of Ideal Clima, which issues them. These conditions are deemed to be accepted in full by the customer upon placing an order or collecting the products. Any reservation to the contrary is deemed accepted only if expressly and individually agreed.

Art. 2 – ORDER ACCEPTANCE, AMENDMENT AND CANCELLATION

Acceptance of an order, however received, is subject to approval by Ideal Clima. Orders may be amended up until they enter production, and such amendments may cause delays to delivery times. Orders may be cancelled only by prior agreement with Ideal Clima, and the associated costs will be invoiced.

Art. 3 – TRANSPORT

Transport is at the Customer's expense; any shipment carried out by Ideal Clima is made on the Customer's instructions and on their behalf. It is therefore for the Customer, in their own interest, to make a claim to the Carrier upon receipt in respect of delays, misdeliveries, breakages, theft or shortages arising from any cause. Goods tampered with, damaged or lost in transit are neither replaced nor credited. Any transport damage will be considered only if reported immediately in writing on the delivery note (DDT) at the time the goods are received. The "carriage paid" clause, where agreed in advance, covers only the cost of transport.

Art. 4 – DELIVERY

Goods always travel at the Customer's risk, even when sold carriage paid. Ideal Clima reserves the right to fulfil an order in more than one delivery.

Art. 5 – DELIVERY TIMES

Delivery or dispatch dates are indicative only and not binding; no liability or charge is therefore accepted for delays or for failure to deliver. Partial fulfilment of an order does not alter the payment terms of the corresponding invoices.

Art. 6 – PRICES

Prices may change over time; only those in force at the time the material is delivered are valid and applicable.

Art. 7 – PAYMENT

Payments made in cash at Ideal Clima's cash desk and through a bank by direct transfer or bank receipt are recognised as discharging the debt. Payments by banker's draft or cheque discharge the debt only once they have cleared. Payment terms are always strictly binding. Once the payment date shown on the invoice has passed, default interest will be charged at the current market rate. Ideal Clima reserves the right, including under the general defence of non-performance set out in article 1460 of the Italian Civil Code, to suspend or cancel supplies in the course of shipment and any other order already accepted, should payments not be made on the agreed terms. Disputes of any nature do not entitle the Customer to withhold payment.

Art. 8 – PACKAGING

The characteristics of the packaging are at Ideal Clima's sole discretion, and Ideal Clima reserves the right to charge the cost to the Customer.

Art. 9 – TECHNICAL SPECIFICATIONS

Ideal Clima reserves the right to alter product specifications at any time and at its own discretion, without notice. Models may be modified or discontinued at any time, without notice.

Art. 10 – COMPLAINTS

Every supply is deemed accepted once 5 days have passed from receipt of the goods without complaint. To be considered, complaints must be made by registered letter.

Art. 11 – PRODUCT CODE

Products must be ordered using their identification code number.

Art. 12 – IDENTITY

The Customer is responsible for all identification data and information supplied to Ideal Clima, such as name, company name, address, tax identification code and anything else specifically required by applicable legislation.

Art. 13 – CREDIT LIMIT

Ideal Clima reserves the right to modify any credit limit granted whenever it sees fit, at its sole discretion.

Art. 14 – TRADEMARK

All products bear trademarks registered for all legal purposes.

Art. 15 – WARRANTY CONDITIONS – EUROPEAN WARRANTY, Legislative Decree no. 24 of 2 February 2002

15.1 Commencement and duration: The warranty runs from the date the product is purchased and lasts two years. The purchase date is evidenced by the invoice or the delivery note (DDT). Work carried out under warranty does not alter the warranty period.

15.2 Form of warranty: Where the Customer is the Consumer, Ideal Clima undertakes to repair and/or replace free of charge any parts showing manufacturing defects such as to impair the conformity of the product. Where the Customer is the Seller, any discount applied to this price list is expressly deemed to include consideration for the Seller's waiver of the right of recourse under article 1519-quinquies of Legislative Decree no. 24 of 2 February 2002. By partial derogation from that waiver, Ideal Clima undertakes to replace, free at the Seller's warehouse, products with recognised manufacturing defects, bearing the cost of our materials only and excluding any cost of reinstating the item (labour, travel, etc.). In all cases, manufacturing defects must be recognised by Ideal Clima technicians.

15.3 Limitations and exclusions: The warranty does not cover defects attributable to: transport, handling of the product or poor storage (e.g. damp environments, direct exposure to sunlight, etc.); installation and/or maintenance not carried out by qualified personnel in accordance with the manufacturer's instructions and applicable standards; use not in keeping with the product's specifications; use of water, gas or electricity unsuitable for the product; improper use or maintenance of the product.

Art. 16 – PLACE OF JURISDICTION

For any dispute between Ideal Clima and the Customer, the Court of Brescia shall always have sole jurisdiction.

These conditions supersede and replace all previous ones.