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Terms of Business
Ricambio Lampade s.r.l., based in
Colleferro Via Tiziano 13 00034 (Rome) Italy, will accept orders for
goods on the Conditions set out below. These Conditions cannot be varied
unless agreed in writing by Ricambio Lampade s.r.l..
1. INTERPRETATION
1.1. In these Conditions the following words shall
have the meanings set opposite them: "Carrier" means and (unless the
context requires otherwise) includes the carriers servants agents and
any person or persons carrying Goods on our behalf under any contract of
carriage. "Charges" means our charges for supplying and, where
appropriate installing and/or maintaining the Goods. "Confirmation of
Order" means when we confirm our acceptance of your Order orally or in
writing (whether electronically or otherwise) or when we effect
Delivery, whichever occurs first. "Contract" the contract made between
you and us for the purchase of Goods incorporating these Conditions.
"Delivery" means our delivery of the Goods to the address you have
stipulated in the Order or our notifying you that the Goods are
available for collection if applicable. "Goods" means the article(s)
that we agree to supply to you pursuant to an Order. "Order" means your
request for us to supply you with Goods in consideration of the Charges,
which you make by either completing an online order or otherwise
requesting the Goods that you require. "We", "us" "our" means Ricambio Lampade s.r.l. "You", "your" means the person firm or corporation that
places an Order with us.
2. ORDERS
2.1. Any Order you place will constitute an offer
capable of acceptance by us. We will not be obliged to accept an Order
and we reserve the right to refuse an Order without giving any reason.
2.2. You may cancel an Order at any time until
Confirmation of Order except that you may not at any time cancel any
Order for Goods that are customised to meet your particular
requirements.
2.3. Each Order if accepted by us shall constitute a
separate severable contract.
3. CHARGES
3.1. Unless expressed otherwise, our Charges are
inclusive.
3.2. You agree to pay our Charges in accordance with
the terms stated on our invoice without deduction or set off.
3.3. If you fail to pay us the Charges in accordance
with this clause 3, we may, without prejudice to any other right or
remedy available to us, either suspend any Delivery or cancel any other
Contract between us. We can sue for the Charges due for any Goods that
we have agreed to sell to you pursuant to a Confirmation of Order.
3.4. We reserve the right to increase the Charges at
any time on notice to you if for any reason the price of the Goods
increases between the Confirmation of Order and Delivery.
3.5. We reserve the right to ask you to pay the
Charges in advance of Delivery in any event.
4. GOODS
4.1. All Goods will be subject to availability
5. DELIVERY
5.1. Any indication we may give as to the time of
Delivery will be a good faith estimate only. Whilst we will use all
reasonable endeavours to effect Delivery at the time we have estimated,
time of Delivery is not of the essence.
5.2. If it is not possible for us to effect Delivery
for whatever reason including but not limited to your being away or your
premises being inaccessible, you will be liable to pay us an additional
sum to cover our storage and administration charges.
5.3. We reserve the right to effect Delivery by
instalment in which case each instalment will be a separate Contract.
5.4. Subject to clause 2.2 above, should you wish to
cancel or reschedule any Order, you agree to give us as much notice (in
writing) as is reasonably practicable and agree to pay our storage and
administration charges in addition to the Charges.
5.5. Subject to the other provisions in these
Conditions, we will not be liable to you for any loss (including but not
limited to loss of profit) costs, damages, and charges, expenses caused
directly or indirectly by a delay in Delivery (even if caused by our
negligence).
6. TITLE AND RISK
6.1. Risk of damage to or loss of Goods shall pass to
you on Delivery.
6.2. Notwithstanding Delivery and the passing of risk
in the Goods, title in the Goods shall, subject to clause 9, not pass to
you until we have received payment of the Charges in full by cash or
cleared funds payment for all Goods that we have agreed to sell to you
pursuant to a Confirmation of Order.
6.3. Until such time as the title in the Goods passes
to you, you will hold the Goods as a bailee and keep the Goods
separately from any other goods belonging to you or any third party and
properly stored, protected and insured and identified as our property.
6.4. Until such time as title in the Goods passes to
you, we may at any time require you to deliver up the Goods to us and,
if you fail to do so, enter any premises where the Goods are stored to
repossess the Goods.
7. QUALITY and WARRANTY
7.1. We warrant that (subject to the other provisions
in these Conditions) the Goods will be of satisfactory quality.
7.2. As we are not the manufacturer of the Goods, all
warranties, conditions and other terms implied by statute or common law
(except as to title) are, subject to 7.1 above, expressly excluded.
However, we will endeavour to pass on to you the benefit of any warranty
or guarantee given by the Manufacturer in respect of the Goods.
Projector lamp warranties can vary between manufacturers so consult your
users' manual or manufacturer's warranty information. The typical
projector lamp warranty is 30 or 60 days from receipt of projector lamp.
8. RETURNS
8.1. If on Delivery the Goods appear to be visibly
damaged you must notify the Carrier immediately that you will not accept
Delivery otherwise you will forfeit your right to reject the Goods for
visible damage.
8.2. If the Goods are not visibly damaged on
Delivery, but you wish to reject the Goods for any other non-conformance
or unapparent damage, you may reject the Goods provided that:
8.2.1. You obtain an RMA number from us within 24
hours of Delivery, submit a completed RMA form to us as soon as possible
thereafter and allow us facilities to inspect the Goods within 7 days of
the date of Delivery; and
8.2.2. The Goods are undamaged, unused, unopened in
their original packaging and you have not marked either the Goods or
their packaging.
8.3. Subject to clause 8.4 below, we will bear the
costs of collecting any Goods you reject provided that you have complied
with the requirements of 8.2.
8.4. Should you reject and return the Goods in
accordance with 8.2, we reserve the right to charge a "restocking fee"
which will be an amount equivalent to 25% of the price payable by you in
respect of the returned Goods.
8.5. If you fail to comply with either 8.1 or 8.2,
you will be deemed to have accepted the Goods.
9. SOFTWARE
9.1. Where the Goods incorporate software, title in
the software will not pass to you even when you have paid the Charges in
respect of such Goods in full.
10. FORCE MAJEURE
10.1. We will not be liable for any failure to effect
Delivery of the whole or part of any Order due to an event beyond our
reasonable control. If Delivery is delayed due to an event beyond our
reasonable control, we will notify you promptly of the reason for such a
delay and you agree to give us such an extension to effect Delivery as
is reasonable in the circumstances.
11. ASSIGNMENT
11.1. You may not assign, charge or transfer any of
your rights or obligations under any Contract without our prior written
consent.
11.2. We may assign and/or sub-contract any Contract
at any time on notice to you.
12. SUSPENSION AND TERMINATION
12.1. We may, in our absolute discretion, suspend any
Delivery and / or terminate any Contract immediately on notice to you
if:
12.1.1. You pass a resolution for winding up (except
for amalgamation or reconstruction of a solvent company) or if a court
makes an order to that effect or if you have a receiver or administrator
appointed over all or any of your assets or business, or if you cease or
threaten to cease to carry on business.
12.1.2. You are in material breach of any of these
Conditions.
12.1.3. We are unable to effect Delivery due to an
event beyond our reasonable control.
12.2. Termination of any Contract between us shall
not affect your liability to pay us (without deduction or set off) such
Charges as are due for Goods for which we have effected Delivery. If on
termination of any Contract, we owe you any sums, we reserve the right
to set off against such sums any outstanding Charges as you owe us.
13. LIMITATION OF LIABILITY
13.1. Our liability for death or personal injury as a
result of our negligence or the negligence of our employees shall not be
limited.
13.2 Our total liability to you for a breach of the
Conditions or for negligence in the course of supplying Goods to you
shall be limited to the repair or replacement of any Goods giving rise
to your claim or at our option an amount equivalent to the Charges (or
proportion of the Charges) that you have paid us for Goods giving rise
to your claim.
13.3 Except as set out in clause 13.1 and 13.2 above,
we will not be liable for the following loss or damage howsoever caused
even if it foreseeable by us: loss of profits, business, revenue,
goodwill, anticipated savings, data, corruption of data, whether
sustained by you or third party and/or special, indirect or
consequential loss (other than direct physical damage to your tangible
property) whether suffered by you or another third party.
14. GENERAL
14.1. These Conditions constitute the entire
agreement between you and us in respect of the Goods and supersede any
earlier arrangements, understandings, promises or agreements made
between the parties in respect of the Goods.
14.2. You acknowledge that in instructing us to
supply the Goods, you do not do so on the basis of any representation,
warranty or any provision not expressly contained within these
Conditions.
14.3. Any failure by us to enforce a breach of the
Conditions by you shall not be deemed to be a waiver of any subsequent
breach of these Conditions that you may make.
14.4. If at any time any one or more of these
Conditions are held to be unenforceable, illegal or otherwise invalid in
any respect, such enforceability, illegality or invalidity shall not
affect the remaining Conditions, which shall continue in full force and
effect.
14.5. Nothing in this Agreement shall create or be
deemed to create a partnership or joint venture between us and you or
the relationship of principal and agent or employer and employee.
14.6. These Conditions shall be governed exclusively
by Italian law and you and we agree to submit exclusively to the
jurisdiction of the Italian courts.
All the prices shown in the web site are indicative
are exclusive of VAT, in our offer we will add VAT and Delivery unless
otherwise stated.
15. BONUS
15.1. Only one bonus can be redeemed per individual
lamp order (complete module).
15.2. They have no expiry date!
15.3. You can use it yourself, or give it away, it is
entirely up to you!
15.4. If you lose the coupon number we will not be
able to give you another one, unfortunately we cannot keep a record of
who is issued with each individual coupon number! Sorry!
15.5. One coupon issued per complete module lamp
received.
16. PRIVACY
16.1 We maintain a very strong commitment to your privacy. When we ask
for your personal and/or company information, we do so in order to
communicate with you regarding product inquiries, orders and/or shipping
data. Your name and personal information will never be shared with any
outside parties at any time.
16.2 RL take the privacy of your information seriously. If you have any
queries or concerns please email info@ricambiolampade.com.
R.L. att.ne sig.ra
Maria Pia Grasso Via Tiziano 13,
00034 Colleferro (RM)
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