Art. 1. Scope of application.
These General Conditions govern all supply relationships between the parties. The supply is considered valid and confirmed only after the signature of the order confirmation of Piron S.r.l. which specifies, among other things, the price, shipping according to the Incoterms regulations in force, the method of payment and any further notes; the content of the same will prevail over all the documentation exchanged previously (offers, e-mails, etc.). The Manufacturer reserves the right to make changes to the Products which, without altering the essential characteristics of the products, should be necessary or appropriate. Even in the case of exceptions agreed upon in writing, the following conditions will continue to apply unless expressly stated otherwise.
Piron S.r.l. reserves the right to modify, integrate or vary the General Conditions of Sale without prior notice.
Art. 2. Retention of title.
The transfer of ownership of the products will take place only upon receipt by Piron Sr.l. of the full payment of the price and ancillary costs.
Art. 3. Fitness for purpose.
The Buyer assumes responsibility for the suitability of the purchased product to fulfil the use for which it is intended, and to diligently follow all instructions of the Manufacturer.
Art. 4. Resolution.
Without this constituting a waiver of rights or remedies that are due to it under the law, Piron S.r.l. reserves the right to terminate the contract with immediate effect without any liability in the event of one of the following circumstances: a) violation of the rules referred to in this contract; b) bankruptcy of the Buyer or involvement of the same in bankruptcy proceedings or activation of the liquidation procedures by the Buyer, extraordinary administration. Upon the occurrence of one of the above events, the Buyer will be deemed to have forfeited the benefit of the term and all payments to be made by the Buyer pursuant to the agreement become immediately due and payable.
Art. 5. Seller guarantee.
Piron S.r.l. guarantees that the products supplied are free from manufacturing defects and comply with the product specifications at the time of delivery and for a period of twenty-four (24) months from the date of the invoice (or for a different period agreed in writing by the parties) and in the presence of the ‘Testing and Installation’ Report, if requested according to the instructions in the product user manual. This report must be sent to Piron S.r.l. (at email@example.com) within 10 days of installation under penalty of nullity and validity of the Guarantee itself. This guarantee is conditional on the timely fulfilment of the Buyer’s payment obligations. This guarantee is also operational provided that: a) the products have been installed and used in accordance with the instructions in the instruction manual and in the technical data sheets, b) that any repairs, modifications or alterations have been previously authorised in writing by Piron S.r.l., c) the products have been properly stored, d) the defects are not caused by the use of non-original spare parts. The guarantee also does not cover defects due to normal wear and tear of products or spare parts (for example, but not limited to, door glass, gaskets, light bulbs, stickers, fuses, knobs), changes to technical operating parameters, out-of-date software. The Buyer is required to check the conformity of the products and the absence of defects before any use of the same. The Buyer must report any obvious flaws or defects in writing no later than 10 days from the delivery of the products. Any hidden and/or functional defects (that is, detectable only after using the product) must be reported within 48 hours of the discovery of the defect and in any case not beyond the period of the guarantee.
Art. 6. Procedures for settling complaints and terms of the guarantee.
Complaints must be submitted in writing to Piron S.r.l. on the basis of the instructions and in the manner provided by the same (for example e-mail to firstname.lastname@example.org, filling in the form in the ‘services’ area of the website www.piron.it), detailing the defects or non-conformities found. The Buyer loses the right to guarantee if he does not allow all reasonable checks requested by Piron S.r.l. or if he does not return the defective products within 10 days of the relative request by Piron Sr.l. which, at its discretion, may: a) repair the products b) provide free products of the same type and quantity as those found to be defective (the costs of the on-site assistance service are charged to the Buyer) c) reimburse the Buyer for a sum equal to the value indicated on the invoice of the returned products. In the event that the defects found on the products are not attributable to Piron S.r.l., the costs of repairing and replacing the products will be borne by the Buyer. The guarantee specified above must be considered for the exclusive benefit of the Buyer and not of the latter’s customers.
Art. 7. Limitation of indemnifiable damage.
The liability of the parties, whether arising from the execution or breach of contract, guarantee or strict liability, cannot in any case exceed the value of the product concerned. In no case shall Piron S.r.l. be liable for loss of profit or for the lack of use or technical downtime of the product or any machinery associated with it.
Art. 8. Confidentiality.
The Buyer acknowledges that all data of a technical, commercial and financial nature sent and/or learned by Piron S.r.l. are to be considered as confidential information and/or documents. The Buyer undertakes to limit the use of such information and/or documents and the relative access to the sole purposes relating to the execution of the contract and will not share them with third parties. Upon termination of this contract (or earlier, if requested by Piron), the Buyer will cease to use all confidential information and will promptly return to Piron (or destroy, if requested) all documents in its possession or under its control which constitute confidential information. During the term of the contract and thereafter, neither the Buyer, nor its employees, independent contractors or other agents must a) reverse engineer or disassemble Piron Products through the product itself or from any other document/information related to them, or b) use in any other way the confidential information that Piron has provided to support, maintain or otherwise provide assistance for third party products or services.
Art. 9. Force Majeure.
Piron S.r.l. cannot be held responsible in the event of non-fulfilment where such non-fulfilment is due to circumstances that are beyond its control. This type of circumstances includes, but not exclusively, natural disasters, government actions, factum principis, accidents, strikes, pandemics, as well as the inability to obtain materials, machinery or means of transport.
Art. 10 Assignment of the contract.
The assignment by the Buyer of the rights or obligations deriving from the contract, without the prior written consent of Piron, will be considered void. Piron reserves the right to assign claims arising from the contract to third parties at any time.
Art. 11 Waivers.
The total or partial invalidity of one or more clauses contained herein shall have no effect on the validity of the remaining provisions.
Art. 12 Jurisdiction, applicable law and competent court.
All disputes arising for any reason from the application of these General Conditions will be subject to Italian jurisdiction and will be referred to the Court of Padua. Without prejudice to the foregoing, Piron S.r.l. reserves the right to appeal, at its discretion, to the jurisdiction of the place where the Buyer has its registered office. Validity, execution and all possible aspects relating to the interpretation of these General Conditions of Sale will be evaluated according to Italian law, which the parties declare they want to apply to the relationship.
Art. 1. Scope of application.