1)Offers, orders and contract conclusion RCP Linea3C offers have no obligation.
Orders will be considered valid only if written and confirmed to RCP Linea3C via email or fax to the addresses communicated by RCP Linea3C. No contract will be considered concluded between RCP Linea3C and the client until there will be a written acceptance of the order from RCP Linea3C by issuing an acknowledgement to the client to the address communicated by the client.
2)Supplied products features
Any information or data on the features and specifics of the products contained in the catalogs, folders, price lists, data sheets and general documents of RCP Linea3C are indicative and not binding. RCP Linea3C reserves the right to modify the sold products features that would be necessary, without changing the essential features.
3)Prices and payments
Prices are VAT and shipping excluded. Payments have to be made to RCP Linea3C respecting the forms of payment indicated on the order confirmation. Delay in payment will imply the application of interests at the rate determined by D.Lgs.9.10.2002 n.231.
The price indicated on the order confirmation, unless otherwise agreed, will be considered fixed until the delivery date stated on the order confirmation. If for reasons not attributable to RCP Linea3C the delivery date is prolonged, RCP Linea3C reserves the right to apply any increases occurred in the meantime as well as any storage costs.
5)Delivery and transport
Delivery terms are always to be considered indicative. Delivery terms are suspended in case of worker's strike, difficulties in obtaining raw materials or semi finished materials, delay or non delivery by suppliers, faultiness of our production departments' machinery. In case, even in part, one of the conditions stated for the supply, or when changes of any kind occur in the capital, in the equity or in the business name or in the purchaser's company, as well as in case of the client's difficulties in payment, even against third parties, RCP Linea3C will have the right to suspend deliveries even for confirmed orders.
RCP Linea3C guarantees that its products are free from labor and material defects. The guarantee has the object, and ends with the RCP Linea3C obligation, at its option, to repair or replace those parts that prove to be defective due to poor quality of materials or labor within 12 months from delivery, as long as under penalty of decadence, the defects are notified and substantiated by the customer to RCP Linea3C within 8 days of their discovery. At any time after 12 months from delivery, the warranty ceases even if the products were not, for whatever reason, put into service. The customer loses the right of warranty if he/she performs, or makes a third party perform product modifications or repairs without the permission of RCP Linea3C. Warranty is excluded in case the compressor is returned with no nameplate, if it was opened, if is delivered not hermetically closed. The return of the compressor must be agreed with our support and preceded by the repair tab of the compressor containing product data (model and serial number), operating data, electrical data, the refrigerant used in the refrigerant circuit, and any other data helpful to the understanding and application of the compressor and the type of malfunction manifested, in addition to references of purchase documents (order, invoice, etc...). Labor for removal of the defective parts of the products and the montage of the component sent in their place will be at customer's charge, including travel and subsistence of the staff who will have to intervene at the customer's venue or at the place of installation of the product. Defective parts must be returned to the RCP Linea3C establishment by the customer, to whom also will be charged the cost of transport of the repaired parts or sent in their place. The warranty specified above replaces and excludes any further or different warranty responsibility by RCP Linea3C. The customer can avail of guarantee only if payment has fulfilled the agreed deadlines and complied to all the other obligations. We excludes any obligation to refund for direct or indirect damages.
RCP Linea3C, except what has been stipulated in the first paragraph of point 6, is exempt from any liability and consequent damage compensation caused by disregard of the obligations. For example, the client can not demand compensation for damages for loss of turnover or profit, financial costs, damages and losses resulting from inability to produce; for costs for the non-use or for the replacement of products sold with other equipment, facilities or services; damage linked to impossibility to honor contractual commitments by the customer; any other possible indirect damage, including any claims by third parties, both public and private, in relation to environmental damage in any way connected with the supply carried by RCP Linea3C.
Any derogating and/or supplementary agreement to the text of these general conditions will not have validity unless written and expressly approved by both parties.
Any dispute arising from the sale which concerns the validity, effectiveness, execution and interpretation of the stated general conditions and back included particular conditions of sale will be devolved to italian jurisdiction and will be the sole and absolute jurisdiction of the court Velletri, who will judge by applying the rules of the Italian civil code, to which the parties refer legislation although not expressly provided in this agreement. The loosing party will be charged by the legal costs.