General conditions of sale
1. GENERAL PROVISIONS
(a) The terms and conditions set out below (the “General Terms and Conditions of Sale”) form an integral part of the contracts entered into between AUTOCLIMA and the Buyer for the supply of AUTOCLIMA products (the “Products”);
(b) The General Terms and Conditions of Sale apply to all transactions entered into between AUTOCLIMA and the Buyer, without the need for any express reference to them or any specific agreement to that effect upon the conclusion of each individual transaction. Any different terms or conditions shall apply only if confirmed in writing by AUTOCLIMA;
(c) AUTOCLIMA reserves the right to amend, supplement or change the General Terms and Conditions of Sale by attaching such changes to its offers or to any correspondence sent in writing to the Buyer. Such changes shall be deemed accepted by the Buyer once 30 (thirty) days have elapsed from the date of receipt, without prejudice to the Buyer’s right to notify AUTOCLIMA in writing, within that period, of its intention not to accept them.
2. ORDERS
(a) All orders must be submitted in writing (e-mail, post).
(b) AUTOCLIMA’s offers shall always be considered subject to final reconfirmation by AUTOCLIMA, even after acceptance by the Buyer, in particular with regard to quantities, prices and delivery terms.
(c) Orders placed by the Buyer shall not be deemed accepted until they have been confirmed in writing by AUTOCLIMA. Where AUTOCLIMA does not provide written confirmation of an order negotiated verbally, the issue of an invoice by AUTOCLIMA or the performance of the order by AUTOCLIMA shall be deemed to constitute confirmation.
(d) Orders and/or order changes made verbally or by telephone must be confirmed in writing by the Buyer. Otherwise, AUTOCLIMA shall accept no liability for any errors or possible misunderstandings.
3. PRICES
Unless otherwise specifically agreed, orders shall be fulfilled at the prices in force on the date they are placed. AUTOCLIMA list prices are expressed in Euro (€), are exclusive of VAT and installation, and entirely replace and cancel all previous prices, together with any other prior communication on the matter. AUTOCLIMA reserves the right to change its list prices without notice. Packaging is included in the price.
4. DELIVERY TERMS
(a) Unless otherwise agreed in writing, any delivery time stated shall not be binding on AUTOCLIMA. Unless otherwise agreed between the parties, the indicative delivery time is the one specified in the order confirmation;
(b) AUTOCLIMA reserves the right to make partial deliveries, invoicing the Buyer for the products delivered;
(c) Any liability for delivery arising from force majeure or other unforeseeable events not attributable to AUTOCLIMA, including, without limitation, strikes, natural disasters, wars, lockouts, measures taken by public authorities, and subsequent restrictions on export or import, shall, in view of their duration and extent, release AUTOCLIMA from the obligation to comply with any agreed delivery time;
(d) AUTOCLIMA is not obliged to accept returns of products unless expressly agreed in writing. Any costs incurred for this purpose shall be borne by the Buyer.
5. INCOTERMS
All goods are delivered FCA Cambiano (TO). Goods travel at the Buyer’s risk. Any damage, shortages or losses occurring during transport must be claimed against the carrier.
6. RETURN OF GOODS
Returns of goods due to order cancellation or errors in placing the order shall be subject to prior written authorisation by AUTOCLIMA. In any case, the goods must be returned carriage paid and completely intact in all their parts. In addition, a flat-rate credit reduction of 20% will be applied to cover handling, inspection and restocking costs. Under no circumstances may goods be returned without written authorisation from AUTOCLIMA SPA.
7. LIMITATION OF LIABILITY FOR INSTALLATION AND USE
AUTOCLIMA supplies Products only and does not provide installation or fitting services, nor does it verify the suitability of the Products for the specific vehicle or end application.
AUTOCLIMA therefore accepts no liability with regard to the compliance of the Products and the refrigerant with applicable regulations, nor with regard to the installation methods and end use of the Products.
Any installation, modification, extension or use of the Products carried out after supply shall be the sole responsibility of the Buyer and/or the Installer and shall void any warranty and liability on the part of AUTOCLIMA.
8. CONFIDENTIALITY
The Buyer undertakes not to disclose or use, other than as required by its contractual obligations, any commercial, corporate and technical data and information of which it may become aware during the performance of the contract.
9. PAYMENT
Until full payment has been made, the goods shall remain the property of AUTOCLIMA SPA (without prejudice to the transfer of all risks relating to them to the Buyer). Any late payment shall automatically result in the suspension of deliveries and of any other service or performance in progress. Without prejudice to any legal action AUTOCLIMA may decide to take, interest shall also be charged at the discount rate published from time to time by the Bank of Italy, plus a penalty of 2% per month, on the amount due, calculated from the due date until the date of actual payment.
10. DUTY TO INSPECT AND ACCEPT THE PRODUCTS
(a) Upon taking delivery of the Products, the Buyer shall immediately:
(i) check the quantities and packaging of the Products, record any objections on the delivery note and accept the goods from the carrier “subject to reservation”;
(ii) check that the Products conform to the order confirmation and record any discrepancies on the delivery note.
(b) When reporting defects, the Buyer must comply with the following procedures and time limits:
(i) notice must be given no later than 2 (two) working days from the Buyer taking delivery of the Products. Where the claim concerns a defect that remained hidden despite the initial inspection, notice must be given as soon as possible, by the end of the working day on which the defect was discovered and, in any case, no later than 8 (eight) working days from taking delivery of the Products;
(ii) detailed notice must be sent to AUTOCLIMA in writing within the time limits stated above. Notice given by telephone will not be accepted;
(iii) the notice must clearly specify the type and extent of the alleged defects, and include photographs showing the damage and the shipping documents;
(iv) the Buyer agrees to make the disputed Products available free of charge, upon AUTOCLIMA’s simple request, for inspection; such inspection shall be carried out by AUTOCLIMA or by an expert appointed by AUTOCLIMA.
(c) No claim regarding the quantity, quality, type or packaging of the Products may be made except by means of a note on the delivery note, in accordance with the procedure set out above.
(d) Any Product for which no claim has been raised in accordance with the procedures and time limits set out above shall be deemed approved and accepted by the Buyer.
11. PROCESSING OF PERSONAL DATA
The Buyer’s personal data shall be processed in accordance with EU and Italian personal data protection legislation (Regulation (EU) 2016/679; Legislative Decree 196/2003 as amended). AUTOCLIMA informs the Buyer that AUTOCLIMA SpA is the data controller and that the Buyer’s personal data are collected and processed solely for the performance of this agreement and of the obligations laid down by law, by an EU regulation or by other applicable legislation. The Buyer declares that, before the collection of its personal data, it received from AUTOCLIMA the customer privacy notice pursuant to Article 13 of Regulation (EU) 2016/679.
12. WARRANTY
The warranty period for our products is 24 months from the date of installation on the vehicle, as evidenced by the Warranty Certificate duly completed in all its parts, and in any case for a maximum period of 27 months from the date of delivery of the product by Autoclima S.p.A., with a limit of 100,000 km travelled (or 1,600 operating hours). Where the Buyer is a private consumer, the warranty period shall be 24 months from the date of installation on the vehicle, and in any case for a maximum period of 27 months from the date of delivery of the product by Autoclima S.p.A. Any A/C system component installed separately from other AUTOCLIMA products shall not be covered by any Warranty. Air conditioners and refrigeration units manufactured by AUTOCLIMA are intended exclusively for the air conditioning of spaces occupied by people and for the refrigeration of foodstuffs, respectively. Any other use or application not expressly authorised in writing by AUTOCLIMA shall void the warranty and release AUTOCLIMA from all liability for damage to people, animals or property. AUTOCLIMA shall not be liable for product defects not covered by the legal warranty of conformity, such as damage caused by normal wear and tear, accidents or unauthorised modifications. The Warranty applies only to work carried out by AUTOCLIMA Authorised Service Points. The Warranty shall cease to be valid where the defect is attributable to incorrect installation, improper use or lack of maintenance, and in the case of any conversions, modifications or work not authorised by AUTOCLIMA or not carried out by our Authorised Service Points.
Consumables subject to natural wear, such as belts, filters, refrigerant, etc., are not covered by the warranty. For further details, please refer to the “International Warranty Procedure”.
13. USE OF THE TRADEMARK
The name, trademark and logos representing AUTOCLIMA belong to the company and may not be used by the Buyer unless expressly authorised. Use of the company’s trademark, logo and other distinctive signs is permitted only with prior written authorisation. Use of the trademark in a way that could damage the company’s reputation or mislead consumers is prohibited. The trademark is protected by intellectual property laws. Any unauthorised use will be subject to legal action.
14. GOVERNING LAW AND JURISDICTION
These general terms and conditions of sale are governed by Italian law. The Court of Turin shall have jurisdiction over any dispute.
15. FINAL PROVISIONS
(a) The invalidity, in whole or in part, of any individual provision of these General Terms and Conditions of Sale shall not affect the validity of the remaining provisions.
(b) These General Terms and Conditions of Sale are drawn up in both Italian and English. In the event of any doubt as to interpretation, the Italian version shall prevail.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Buyer specifically approves the following provisions: Art. 1 (b) – Applicability of the general terms and conditions of sale to all contracts; Art. 3 – Prices and payment terms; Art. 4 – Delivery terms; Art. 5 – Incoterms; Art. 9 – Payment; Art. 10 – Duty to inspect and accept the products; Art. 12 – Warranty terms; Art. 13 – Use of the trademark; Art. 14 – Governing law and jurisdiction; Art. 15 – Final provisions.