These terms and conditions (Terms and Conditions) regulate the repair service of your product by VERTYSYSTEM Srl.
Article 1.
VERTYSYSTEM Srl will provide assistance for the product as described in the authorization to proceed, and at the rates indicated therein, in addition to any applicable taxes. If the intervention is covered by the VERTYSYSTEM Srl warranty, by a specific assistance contract or by consumer protection law, the terms of such contracts or laws apply.
The customer acknowledges that the device can be shipped via ordinary courier to an external service provider who takes care of assistance.
Article 2.
If the assistance intervention is due to the malfunction of non-original components or damage caused by improper use or other external causes, VERTYSYSTEM Srl reserves the right to return the product to the customer without carrying out the intervention, charging him any costs for the diagnostic investigations. VERTYSYSTEM Srl declines all responsibility for any damage that occurs to the product during the repair intervention as a result of unauthorized modifications or repairs/replacements not carried out by VERTYSYSTEM Srl or by an authorized VERTYSYSTEM Srl (AASP) service provider. If damage occurs, VERTYSYSTEM Srl will ask for the customer’s authorization to bear any additional costs to complete the intervention, even if the product is covered by warranty or a Vertys Care assistance contract >. In the event of refusal by the customer, VERTYSYSTEM Srl may, without any liability, return the product without carrying out the repair work and in a damaged condition.
Article 3.
If the repair requires work or spare parts not previously specified, VERTYSYSTEM Srl may ask you to approve a new estimate. If you do not agree that VERTYSYSTEM Srl can modify the repair costs, VERTYSYSTEM Srl may return the product to you without repairing it, and may charge you for any indicated diagnostic costs.
If the product is under warranty, VERTYSYSTEM Srl will bear the total cost of physical repair of the product (hardware and software).
N.B. Shipments are always at the customer’s expense.
Once the repair has been completed, the goods may leave the VERTYSYSTEM Srl warehouse only with prior authorization from the administration and after the invoices attributable to the repair have been paid.
Replacement Machines
In the event of breakdowns of machines covered by warranty, the “Replacement Machine” service is available for free use. This service is also guaranteed for members of the Vertys Care 12 > service. Only the return shipments of the replacement machine will be charged to the customer.
The “Replacement Machine” service is also available for customers who have machines out of warranty at a one-off cost of €80,00 plus return shipping costs.
Article 4.
VERTYSYSTEM Srl guarantees for a period of ninety (90) days from the date of the repair (1) that the repair will be carried out in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and functioning, unless otherwise specified by VERTYSYSTEM Srl or otherwise provided for by the legal guarantee regulations. This warranty is an express limited warranty, and in the event of default VERTYSYSTEM Srl will (i) carry out the repair again, (ii) repair or replace the part, or (iii) refund the cost of the repair carried out. To benefit from this guarantee, you must send or return, at your expense, your product to the following address: Via Retrone 14, Altavilla Vicentina 36077 (VI) Italy. THIS WARRANTY AND YOUR REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WRITTEN, ORAL, EXPRESS OR IMPLIED. A.GREE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF VERTYSYSTEM Srl CANNOT BY LAW DISCLAIM THE IMPLIED WARRANTIES, THE DURATION OF SAID WARRANTIES WILL BE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. THE FOREGOING WILL NOT LIMIT OR EXCLUDE IN ANY EVENT ANY RIGHTS THAT YOU MAY HAVE UNDER THE CONSUMER CODE, LEGISLATIVE DECREE N. 206/2005.
Article 5.
TO THE FULLEST EXTENT PROVIDED BY LAW, VERTYSYSTEM Srl WILL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE REPAIRS CARRIED OUT, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE; LOSS OF ACTUAL OR ESTIMATED PROFITS (INCLUDING LOSS OF PROFITS FROM CONTRACTS); LOSS OF USE OF MONEY; LOSS OF SAVINGS;
Article 6.
If you do not collect your product and do not pay any costs within sixty (60) days from notification by VERTYSYSTEM Srl that your product has been repaired, VERTYSYSTEM Srl may retain and dispose of it in accordance with the law.
Article 7.
These Terms and Conditions are governed by Italian law (without taking into account the rules of Italian private international law).
Article 8.
These Terms and Conditions are the only terms and conditions that regulate the repair of your product by VERTYSYSTEM Srl.
Article 9.
You agree and understand that it is necessary for VERTYSYSTEM Srl to collect, process and use your personal data to carry out the repair pursuant to these Terms and Conditions. VERTYSYSTEM Srl will protect your data in accordance with the Privacy Policy for VERTYSYSTEM Srl customers available at the URL https://www.vertysystem.com/portfolio/privacy-policy/
Sales Conditions
1. DEFINITIONS – SPHERE OF APPLICATION
1.1 These general conditions of sale (“Conditions”) regulate all current and future sales contracts (“Contracts”) for the products and services (“Products”) sold or supplied by VERTYSYSTEM S.r.l., with registered oce at Altavilla Vicentina 36077 (VI) – Italy, Via Retrone 14, VAT number IT03560810248 (“VERTYSYSTEM”) in the form of orders and order confirmations of which they constitute an integral and substantial part.
1.2 General conditions drawn up by the Purchaser shall not, however, under any circumstances apply, even if not expressly rejected when received.
1.3 When placing an order with VERTYSYSTEM, the purchasing company (“Purchaser”) fully accepts these Conditions, to the exclusion of any other term, condition, warranty or declaration, unless it gives notice of revocation BY THE END OF THE WORKING DAY following the date on which the Order confirmation was received.
2. ORDERS
2.1 Orders represent an irrevocable oer to purchase on the part of the subject that places them, but are not binding on VERTYSYSTEM, which reserves the right to choose whether or not to accept them. A contract of sale is considered to have been concluded when the Order confirmation is sent by VERTYSYSTEM.
2.2 The Purchaser shall forward to VERTYSYSTEM an order for any individual request for delivery of the Products (“Order”). The Order confirmation shall indicate the type and quantity of Products requested, the delivery address, the detailed technical specifications requested by the Purchaser, and any other information required by VERTYSYSTEM, as each case arises. VERTYSYSTEM, in any event, reserves the right to make acceptance of the Order conditional upon specific payment methods and/or the issuing of an adequate guarantee.
2.3 Except for delivery delays by the Suppliers (not programmable by VERTYSYSTEM), orders will be processed within 7 working days from the date of the Order Confirmation.
2.4 The delivery times of the equipment will be indicated in the Order Confirmation.
2.5 VERTYSYSTEM Customer Service is available from Monday to Friday, from 8.30 to 13.00 and from 14.00 to 17.30.
3. DELIVERIES
3.1 The Products shall be delivered to the location specifically indicated in the Order confirmation. Transportation shall only be insured if expressly required by the Purchaser, at its expense.
3.2 Shipping and packaging costs are charged by the Purchaser.
3.3 Shipments are entrusted to the Purchaser’s courier, unless otherwise indicated by the Purchaser. If shipments are made by the Purchaser’s couriers, he will assume all responsibility for any damage caused by the couriers themselves.
3.4 A surcharge of €5,00 will be applied to shipments directed to the end customer.
3.5 The delivery terms are only approximate. Completion of the Order by VERTYSYSTEM beyond the agreed delivery date shall not entitle the Purchaser to demand that the contract be terminated, unless the delay in question constitutes a serious breach.
3.6 VERTYSYSTEM shall not be held in any way responsible for delays caused by trade strikes, lockout, trade union unrest or similar, extraordinary measures taken by a public administration, transport restrictions, transport problems, delayed or faulty delivery of materials ordered in due time, electricity blackout or similar impediments to production, shopfloor fire or accidents at its plants or those of sub-contractors, measures taken to adapt to legislative regulations, war or pandemic, acts of terrorism, uprising, riot, revolution, bans, embargo, industrial or commercial tension, adverse weather conditions, sickness, accident or breakdown of plants or machinery, or any other conditions over which VERTYSYSTEM does not reasonably have control (“Force Majeure”).
3.8 Risk and liability connected with the Products supplied are transferred to the Purchaser as soon as they are delivered.
4. COMPLAINTS
4.1 Complaints are not accepted after 8 days of receipt of the goods. Complaints regarding obvious damage or non- compliant deliveries (wrong product or incorrect quantities) must be communicated via email to the address: sales@vertysystem.com
4.2 Before returning defective products, the Purchaser must report the quantities and reference codes, describing the defect in detail by completing the appropriate form.
4.3 The Purchaser cannot alter/modify labels, names, addresses, reference codes and serial numbers of all products, which must remain intact and legible.
4.4 The communication of a complaint must contain an accurate and detailed description. Until proven otherwise, the shipment will be considered to have occurred on the date shown on the shipping note provided by VERTYSYSTEM or the courier.
4.5 Failure to make a timely complaint within the terms set out above will be considered complete acceptance of the quality and quantity of the products delivered, and the shipping note will justify the invoicing of the items.
4.6 Minimal differences in color and shape do not constitute a reason for complaint as long as they do not affect the functionality of the product or allow its normal use.
5. PRICES AND PAYMENT TERMS
5.1 The prices are those indicated in the Order confirmation or, if not indicated, that notified by VERTYSYSTEM or, if the price is neither indicated nor in any other way communicated, it shall be taken from the VERTYSYSTEM Price list applying when the Contract is concluded.
5.2 The payment terms are stated in the Order confirmation, unless otherwise agreed in writing by the parties.
5.3 VERTYSYSTEM reserves the right to modify the prices at any time, without prior notice.
5.4 In the event of delayed payment, default interest shall be applied on the amounts outstanding from the due date to the date of actual settlement.
5.5 The Purchaser acknowledges the fact that the Order confirmation and/or Contract may provide for the payment of penalties.
5.6 All payments shall be made in EUROs. VERTYSYSTEM reserves the right to adapt the prices accepted or quoted for the Products to reflect currency exchange rate fluctuations, variations in the costs of raw materials or in similar circumstances over which VERTYSYSTEM has no control or only limited control.
5.7 The agreed prices are net of VAT and any other tax or duty, which are borne by the Purchaser.
6. WARRANTIES
6.1 VERTYSYSTEM warrants solely the conformity of the Products to the specifications set out in the Order confirmation for a period of twelve (12) months from the date of delivery to the Purchaser. The warranty expressly excludes any
manufacturing defects in the Products supplied or their fitness for use. VERTYSYSTEM shall not be held liable for damage resulting from the improper use of the Products by the Purchaser or by third parties, failure to follow instructions given by VERTYSYSTEM, incorrect use or modification or repairs without the seller’s consent.
6.2 In the event that the Purchaser makes a complaint, VERTYSYSTEM, at its absolute discretion, may request that the conformity of the Products be verified and decide on the measures to be taken accordingly.
6.3 VERTYSYSTEM shall not, under any circumstances, be held liable for damage to property or injury to persons, consequential loss, loss of earnings, loss of production, loss of goods in stock or similar that should arise from the breach of the warranty, regardless of the cause (including manufacturing defects, unlawful acts or delays).
6.4 Subject to the foregoing, liability on the part of VERTYSYSTEM for any claims and warranties (including indemnities or liability, breach of agreements, damage, loss, etc.) under these conditions shall be limited, as a whole, to the purchase price applying to the specific consignment of the Product to which the claims or warranties refer.
6.5 The obligations assumed by VERTYSYSTEM under this article exclude any further warranty or liability and constitute the only remedies available to the Purchaser.
7. PROCESSING OF DATA
7.1 Within the meaning and for the purposes envisaged in European Regulation no. 679/2016, it is pointed out that VERTYSYSTEM shall collect, record, reorganise, store and use personal data, using both electronic and paper-based media, for purposes connected with VERTYSYSTEM’s corporate activities and also to perform legal obligations connected with the management of the contract.
8. NON-DISCLOSURE and INTELLECTUAL PROPERTY
8.1 Vertysystem® is a registered trademark of VERTYSYSTEM.
8.2 The Trademark must be used in keeping with instructions given by VERTYSYSTEM, which must not restrict the Purchaser’s promotional and sales activities.
The Trademark constitutes industrial property owned exclusively by VERTYSYSTEM and any right stemming from its use and/or registration is and will be vested in VERTYSYSTEM. The Purchaser therefore undertakes not to file, nor to have filed VERTYSYSTEM’s trademarks, names or other distinctive marks, nor to file, or have filed, any trademarks, names or other distinctive marks that could be confused with those of VERTYSYSTEM. The Purchaser also undertakes not to incorporate the aforementioned trademarks, names or other distinctive marks in its company or business name.
8.3 With regard to any information, data or knowledge, of a technical, scientific, commercial or any other nature, including, for example, but not limited to: any document, drawing, table, technical specification, product, process or prototype supplied by VERTYSYSTEM to the Purchaser for the performance of the obligations referred to in the Contract/Order confirmation (“Confidential information”), the Purchaser undertakes, throughout the term of the Contract and for the next 3 (three) years: (i) not to disclose the Confidential information or in any way make it available to third parties, but to use it solely for the purpose of performing its obligations under the Contract/Order confirmation; (ii) to copy, reproduce or duplicate the Confidential information solely to the extent necessary to perform its obligations under the Contract/Order confirmation; (iii) to return or destroy any document or material that contains or makes reference to the Confidential information immediately, at VERTYSYSTEM’s request.
9. TERMINATION – WITHDRAWAL – FORCE MAJEURE
9.1 Cases of withdrawal from and/or termination of the contract are regulated in the Orders and/or the Order confirmation.
9.2 Neither party shall be held liable for the non-performance of obligations laid down in the Orders, if the failure to perform is the result of unforeseeable and/or inevitable that prevent the performance of its contractual obligations (“Force majeure”), provided that the Party affected by the incident of Force Majeure gives the other party notification within 48 hours from the event, informing it of the possible consequences and the likely delay in the processing of the supply Order.
10. APPLICABLE LAW AND JURISDICTION
10.1 The Contract regulated by these Conditions is governed by Italian law. The parties exclude the application of the Vienna Convention on the international sale of goods.
10.2 Any dispute relating to the execution of the Contract regulated by these Conditions shall be referred to the exclusive jurisdiction of the Court of Vicenza.
10.3 VERTYSYSTEM, in any event, has the right to bring an action against the Purchaser before any other competent court or judicial authority to handle the dispute, following the procedures laid down by the law
11. VARIOUS PROVISIONS
11.1 The total or partial unenforceability of any provision contained in these conditions shall not affect the validity of the other provisions.
11.2 The offcial language to be used by the Parties is the Italian language.
11.3 The Purchaser shall not in any way be considered, nor may it present itself, as a distributor of VERTYSYSTEM.
