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GENERAL CONDITIONS OF SALE OF DINAMEC ITALIA S.r.l.
These General Conditions of Sale, if not repealed by a specific written agreement between the
parties, shall be applied to and form an integral part of every order received and accepted by
Dinamec Italia S.r.l. (hereinafter referred to as the “Supplier”).
1. PRODUCTS
The buyer, when placing the purchase order, acknowledges to have carefully examined and
evaluated all the technical, functional and aesthetic features of the ordered products
(hereinafter referred to as the “Products”) and to consider them suitable for their intended
direct or indirect use.
Moreover, the buyer shall not make any change to Products and shall respect, declaring it
is perfectly acquainted with them, their correct procedures for the use, and it
acknowledges that the Supplier will not take any responsibility if any modification is
performed on them.
2. ORDERS AND ORDER CONFIRMATIONS
The orders confirmation signed by the Buyer shall indicate the order number, the exact
mention of the Products with reference to their product code, their quantity, the unit and
the total price, the payment terms, the place of destination and eventual other instructions
for delivery.
The contract of sale shall be concluded when the Supplier receives the order confirmation
signed by the Buyer.
Unless otherwise specified, the offer shall remain valid for thirty days.
3. PRICES
The Product prices are provided in the order confirmation and, unless otherwise specified,
are in Euro, excluding VAT.
Shipping and packaging costs, unless otherwise specified, are excluded and charged to the
Buyer.
Prices do not include in any case customs charges, duties, fees or export tax and so on.
4. PAYMENTS
The Buyer shall pay the Product price on the bank account provided in each case by the
Supplier and within the terms mentioned in the order confirmations, or, unless otherwise
specified, within 30 days end of month.
If the Buyer does not respect the payment terms indicated in the invoice, it will be charged
with the default interests at current rate required by D.Lgs. n. 321/2002, without any need
for a specific formal notice of payment.
The Supplier could interrupt a processing order up to the complete payment of the arrears
invoices without being required to give any forfeit and any compensation for the Buyer in
default.
5. DELIVERY
Unless otherwise specified, delivery is Ex Works Supplier’s factory.
Delivery terms are always indicative.
In case of failure to collect or impossibility to deliver the Products, if these remain
unclaimed at the Supplier’s facility, the Buyer shall pay, beside the supply’s value, a 0,5% of
the total value of the undelivered goods for every week of stock, in view of storage and
administrative costs, in addition to possible expenses charged by the carrier.
6. COMPLAINTS
Possible claims on quantity and/or conditions of packaging and/or Products shall be
submitted directly to the carrier at the time of delivery, by reporting on the delivery
document the indication “goods delivery unchecked”.
Possible defects on delivered Products shall be anyway reported to the Supplier, in a
written form sent in any case through registered mail RRR or certified mail, within 8 days
after delivery.
In case of possible shortage in quantity as compared to the order, the contract shall not
terminate nor the payment suspended, but the Buyer will be supplied with the missing
goods in order to complete the order.
Goods return shall be in any case authorised by the Supplier.
The Buyer shall not use defective Products and shall promptly reports possible complaints
from third parties.
7. WARRANTY
Supplier’s warranty about Products quality is limited to what indicated in the product
technical sheet or catalogue which the Buyer states to be acquainted with.
The Supplier, in the aforesaid limits, guarantees exclusively the compliance of the delivered
and ordered Products and not their suitability to meet specific needs of the Buyer or of
third parties, unless these are object of the accepted order.
Unless otherwise specified in the offer or in the order confirmation, the warranty will be
valid for the fullest extent permitted by law.
The warranty will not cover, in any case and as an example, any possible damage arising
from errors of assembling, storing, conserving and maintaining the Products, tampering or
direct repairing or modifying attempts on them, delayed intervention for limiting the
consequences of possible operating defects and normal wear and tear consequent to their
use and due to the Buyer.
8. CONTRACTUAL LIABILITY
Excluding any hypothesis of gross negligence or willful misconduct, in any case whatsoever
the Supplier will be responsible for damages to people and/or things consequent to the use
of the Products.
The liability will not extend in any case whatsoever to indirect, unpredictable damages or
beyond the hypothesis in which the product warranty can operate.
9. UPGRADES
The Supplier reserves the right to upgrade or improve the technical and/or aesthetic
features of the Product without altering their essential characteristics and their usability
according to the order specification, in order to make their operation safer and easier.
These discrepancies will not cause the termination of the supply contract
10. CONFIDENTIALITY
The Buyer commits to maintain reserved and not to disseminate to third parties, where not
strictly necessary for the legitimate use of the purchased Products, for the extent of the
agreement and for the three years subsequent to its conclusion, every information or
technical details relative to the Products, to their use or operation, so as any administrative
or commercial information relative to the contract of sale.
11. INDUSTRIAL AND INTELLECTUAL PROPERTY
The purchase and direct or indirect use of the Products will not transfer to the Buyer any
ownership or right of industrial or intellectual property on the Products, which will remain
within the Supplier.
12. PROPER LAW AND COMPETENT COURT
The contract is under the Italian law.
The court of Brescia is in charge for the exclusive competence for any dispute occurred in
the supply contract.
13. SUPPLIER ADDRESS
Every communication to the Supplier must be sent, according to the agreed forms, to the
registered office in Calcinato (BS), via Gavardina Nord n. 20, Italy, email address
info@dinamec.it.
14. The text of these General Conditions of Sale is written both in Italian and English. In case of
any discrepancy, the Italian text shall prevail over the English text.
15. INFORMATION ABOUT GENERAL DATA PROTECTION ex artt. 13/14 Reg. UE 2016/679.
1. Consequently to the validation of the EU Regulation 2016/679 about the protection of natural persons
with reference to the privacy policy, the Society DINAMEC ITALIA S.R.L., in person of the legal
representative for the time being, with its headquarter in Ponte San Marco, Calcinato (BS), Via Gavardina
Nord, 20, (VAT registration number 03256000989, tel. 030/674148, e-mail info@dinamec.it) as owner of
the policy, owes to provide You with every information regarding the use of Your personal data in its
possession.
2. According to the aforesaid regulation, the processing of Your personal data, as an example (not
exhaustive): biographical data, bank details, contract details, contact details, will follow the principles of
fairness, transparency, lawfulness and privacy protection.
3. According to artt. 13 e 14 Reg. EU 2016/679 we inform You that: Your personal data will be treated
exclusively to fulfil the economic activity of the society, in order to manage effectively business activities,
meeting any contractual need and legislative duty, in particular Your data will be processed for these
following purposes:
• Data entry in our informatic database and/or physical records of the society;
• Management of transport documents, invoices and credit notes;
• Management of ordinary accountancy and TVA;
• Management of quotes or offers;
• Management of payments and takings;
• Comply every other contractual and/or law duty.
4. On a juridical basis, privacy policy is necessary to fulfil every contractual and/or precontractual terms as
per art. 6 comma 1 lett. b of EU Reg. 2016/679 and to fulfil the legal duties as per Art. 6 comma 1 lett. C.
5. We inform You that You are requested to give your data in order to institute and process the contractual
relationship, as well as to fulfil all the obligations, also of a fiscal nature, required by law. Non-reporting
personal data will result in the impossibility to establish and process the contractual relationship.
6. Your personal data will not be transmitted but could be communicated to operators which are part of
the staff and/or external subjects which collaborate with the society (as responsible or autonomous owner
of privacy policy) as for example:
• Freelancers for accounting and/or fiscal fulfilments
• Bank institutes to manage payments and/or cashing
• Other subjects to whom communication shall be necessary for the correct and complete fulfilment
of contractual relationship and/or to perform legislative duties.
7. Processing personal data can be done with or without electronic supports and personal data will be
stored for the period required to fulfil the purposes for which they had been processed and/or to perform
any law duties.
Moreover, we specify that decision processes are not totally automatized, but all data undergo the
evaulation of physical operators.
8. We inform You that You can ask the Owner of this privacy policy to access Your personal data, as well as
to amend, to cancel, to limit data handling, or oppose your data processing and exercise the right to data
portability. These rights could be fulfilled as required by artt. 15,16,17,18,20,21 Reg. EU 2016/679 which
are attached to this reporting. We highlight that the owner of this privacy policy does not make any
marketing or profiling activity. If you need any other information or explanation you can call the secretary
office of the Owner society of this privacy policy referring to the details reported in 1) and asking for the
person in charge of this subject.
9. You have the right to make a claim to the control authority provided by the national law.
Calcinato, __________ The Buyer___________________
The Buyer declares to explicitly accept the clauses n. 4 (Payments), n. 5 (Delivery), n. 8
(Contractual liability), n. 11 (industrial and intellectual property) e n. 12 (Proper law and
competent court).
Calcinato, __________ The Buyer ________________