1.SCOPE AND VALIDITY
1.1 These General Terms and Conditions of Sale (GTC) apply to all legal relationships between LTE SRL headquartered in Erbusco (BS) Via Castellini 15 (LTE) and its customers (CUSTOMERS) (collectively referred to as the PARTIES) within the business sectors described, unless legal provisions conflict with them: a) Sale of lighting components (GOODS SUBJECT TO SALE); b) Provision of services of all kinds, including those related to design and customer services (SERVICES).
1.2 These GTC are an integral part of the legal relationships described in Section 1.1, unless otherwise expressly agreed. Any different provisions become legally binding only if expressly offered or accepted in writing by LTE
1.3 By establishing a legal relationship with LTE, i.e. by entering into a contract, CUSTOMER agrees that it shall be governed by these GTC.
1.4 General terms and conditions and/or similar documents of the CUSTOMER, such as purchase or procurement provisions or amendments to these GTC, are expressly excluded unless LTE agrees to them in writing. This also applies if the CUSTOMER's general terms and conditions and/or similar documents have been attached to an order, or an "order confirmation" or otherwise communicated to LTE.
2. Conclusion of Contract All offers, price lists, product descriptions, brochures, plans and the like of LTE are non-binding and may be changed or withdrawn at any time, unless otherwise explicitly stated in the relevant document.
Purchase orders, order and " order confirmations" of the CUSTOMER shall be considered accepted only after issuance of order confirmation by LTE stating the terms of supply, which shall be considered binding.
3. PRICES
In the event of changes in raw material prices, wages, or any cost element, we reserve the right to update prices for ongoing contracts as well.
4. TERMS OF DELIVERY
LTE is constantly striving to meet the delivery terms and deadlines agreed upon, however, the delivery deadline stated does not bind LTE, which is not obligated to pay compensation of any kind for any direct and indirect damages due to late delivery.
5. PLACE OF DELIVERY
Delivery, in terms of Article 1510 of the Civil Code, shall be understood to be agreed at the manufacturer's plant and executed when the material is sent to the CUSTOMER, or otherwise to the carrier, even if the price includes transportation. In the case of transportation by LTE, delivery shall be deemed to have been made on the date and time indicated in the relevant transport document. If for any reason whatsoever, prepared that the materials are, the shipment has not taken place for a fact independent of LTE, the delivery shall be understood for all purposes to have been made by the simple notice of ready goods. Once delivery has taken place, all risks on the materials are transferred to the CUSTOMER, hence the right of LTE to charge the CUSTOMER for storage, custody, insurance, etc.
6. METHOD OF PAYMENT
Payment for the supply is made, in the form expressly specified in the confirmation, remaining always at the risk of the CUSTOMER the transmission of sums.
7. TECHNICAL DATA.
CUSTOMERS are responsible for selecting items in relation to their characteristics and intended use. It is therefore recommended that they be assembled and used according to the rules of art and good technique. LTE reserves the right to make such changes to its products as it deems technically convenient at any time. LTE's drawings are its property and may not be given to third parties or reproduced by CUSTOMER without written permission.
8. WARRANTY
LTE guarantees the good quality and good construction of its products by obligating itself, during the warranty period specified below, to repair or replace free of charge, in the shortest possible time, any parts which by reason of poor material quality or defective workmanship prove to be defective, provided that this does not depend on natural wear and tear, failures caused by CLIENT's inexperience and negligence, overloading beyond contractual limits, unauthorized intervention, tampering performed or caused to be performed by the CLIENT, fortuitous events or force majeure. Unless otherwise confirmed, the warranty period begins from the date the product is delivered. The warranty period is 36 months from the date of delivery. The warranty is valid if our items are assembled according to the instructions given in their data sheets or in the general information given in our general catalog ( maximum operating temperature, fixing distances, etc...) Prompt intervention by LTE remains subject to the CUSTOMER's compliance with the terms of payment or any other agreed conditions.
Expenses for work inherent in warranty repairs or replacements shall be borne in full by CUSTOMER. Nothing shall be due to the CUSTOMER for compensation or indemnification for expenses, claims or direct or indirect damages. All transportation related to operations performed under warranty shall take place at CUSTOMER'S expense, risk and danger. Under no circumstances shall the forfeiture and limitation periods referred to in Article 1512 of the Civil Code be deemed extended.
9. SAFEGUARD CLAUSE
In the event that any of the provisions of these General Terms and Conditions of Sale should be null and void, for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions appearing in these General Terms and Conditions of Sale.
10. CHANGES TO THE GENERAL CONDITIONS OF SALE
LTE reserves the right to amend these GTC at any time. Amendments shall apply to all legal relationships between LTE and CUSTOMER established after notification of such amendments to CUSTOMER.
11. CONTROVERSIES
Contracts, even if entered into with foreign CUSTOMERS or for materials supplied abroad, are governed by current Italian law. For exclusive jurisdiction is the one where LTE has its registered office, without prejudice to LTE's right to bring an action, as plaintiff, in the place of residence in Italy or abroad of the CUSTOMER. Any disputes do not exempt the CUSTOMER from complying with the agreed terms of payment and do not imply any extension of the agreed terms.
Effective date: 01.05.2024
