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Terms and Conditions

1. SCOPE OF VALIDITY
The present “General Conditions of Sale” regulate all relations established between FABIO TOMA Srl and the Customer, except where expressly waived due to particular conditions for retailers and distributors (see Terms and Conditions B2B)

2. ORDERS
The Customer shall submit orders in writing, also by fax or electronic mail. The agreement shall be finalized when the Customer receives
confirmation of the order. Unissued order confirmation may in no case be considered as either acceptance or refusal of the order.
Every order issued by the Customer and confirmed by the above mentioned order confirmation from FABIO TOMA Srl shall be governed by the present General Conditions of Sale.

3. PRODUCTS
FABIO TOMA Srl reserve the right (at any time and without obligation to give advance notice) to make all those modifications which, under their final judgement, they deem opportune in order to improve the functionality and performance of the Products, also in response to their own technological and production needs. Any information or data as to the characteristics and/or specifications of the Products contained in fabiotomastore.it, price lists, catalogues or similar documents are by way of indication and shall in no way be binding upon FABIO TOMA.

4. DELIVERY AND TRANSPORT
All deliveries, except where specifically agreed otherwise in writing, are understood to be ex-warehouse of FABIO TOMA Srl. Delivery shall be understood to have taken place at the FABIO TOMA warehouse, on acceptance of the products by the carrier appointed by FABIO TOMA Srl. All costs relating to the transport of the Products ordered are to be borne entirely by the Customer. FABIO TOMA Srl. will take no responsibility for the transport of the Products which shall therefore travel at the expense and risk of the Customer, except where expressly agreed otherwise in writing.

5. TERMS OF DELIVERY
The delivery dates envisaged by FABIO TOMA Srl are merely by way of indication. FABIO TOMA Srl will not accept any liability if such delays as may occur are due to uncontrollable or unforeseen circumstances, or in any case to facts independent of the will of FABIO TOMA Srl. In such cases, in entering into the agreement the Customer renounces any indemnity or claim for compensation against FABIO TOMA Srl for direct or indirect damage arising from delays or incomplete fulfilment of deliveries. Independently of the cases mentioned above, should the Customer become even only partially in default and/or should events occur such as to negatively affect the solvency of the Customer, FABIO TOMA Srl without prejudice to the right to demand correct fulfilment and in any case the right to compensation for damages, on prior notification to the Customer reserve the right to resolve the contract and/or suspend (as per art. 1460 of civil code) fulfilment of their own obligations, suspend deliveries, annul the remaining part of the order and/or claim the entire remaining credit.

6. PRICES
FABIO TOMA Srl’s prices, unless otherwise indicated, are expressed in Euro and are understood, save where expressly agreed otherwise in writing, to be VAT inlcuded and for products handed over ex-warehouse of FABIO TOMA, net of any expenses for special packaging, customs duties and transport.

7. GUARANTEES, COMPLAINTS AND LIABILITIES
FABIO TOMA Srl guarantee that the goods sold are free of defects in material and manufacture, for a period of 12 months from the delivery date, with the exception of the parts subject to normal deterioration in use. The guarantee undertaken by FABIO TOMA does not include defects and/or damage arising, by way of example and without exclusion, from improper use, abuse or negligent and/or improper storage, or from use not compliant with the technical requirements or following errors in design or manufacture of the apparatus into which they are inserted, and arising in any case from any circumstances independent of FABIO TOMA Srl. Any complaint is to be submitted to FABIO TOMA Srl in writing and within the guarantee period. The Customer shall, for the admissibility of the complaint and to enjoy the guarantee provided for in this clause, prove that the product has been properly conserved and correctly used. It remains understood that any complaints regarding a part of the Products ordered shall not legitimize the Customer in suspending the payments due; only after making the payments due shall the Customer
be able to pursue his right of guarantee. Any liability that may arise from the Products for events subsequent to delivery, including any damage to things and/or persons (also to accessories of the Products) shall be borne exclusively by the Customer. The guarantee provided shall be limited, as decided exclusively by FABIO TOMA Srl, to replacement (with either identical or similar products) or, alternatively to the refund of the amount paid by the Customer and corresponding only to the price of such products as are defective. Any further and/or greater liability is excluded, such as compensation for any damage (direct/indirect, damage due to loss of production, loss of profit, consequential damage).

8. RETURNED GOODS
No return of goods will be accepted unless it has been previously authorized in writing by FABIO TOMA (shop@fabiotoma.com), in the absence of which the goods will be returned to sender with debit of transport expenses. Should a goods return authorization number be communicated to the Customer, this number is to be stated both on the packaging and on the documents accompanying the returned products, which are to be
returned whole, untampered with, not welded, complete with any accessories, labels, packaging and in appropriate packing conditions. The allocation of a goods return authorization number does not in itself imply acknowledgement of the defect/flaw and consequent recognition of guarantee rights.
In case of authorized return of goods, the shipping expenses shall be borne entirely by the Customer.
FABIO TOMA reserve the right to examine the returned product that is claimed to be defective. Should it be shown that the alleged defect/flaw is non-existent and/or that the guarantee times have not been respected, FABIO TOMA Srl reserve the right to send it back to the Customer, who shall entirely bear the entire transport expenses of the returned goods.

9. PAYMENTS
Payments shall be made, unless otherwise agreed in writing, completely, according to the manner indicated in the relevant supply contract conditions. Delay in payment, even in part, of invoices beyond their expiry date shall give rise, save compensation of any greater damages, to the immediate effectiveness of arrears interest in the degree determined by D.Lgs. (legislative decree) 231/2002, without any need for formal notice of default.
Should FABIO TOMA not exercise their rights in case of default by the Customer, this shall in no way limit/prejudice the right of
FABIO TOMA in case of persistent default, i.e. if this should recur also at a subsequent date.

10. INDUSTRIAL PROPERTY
The reproduction and/or dissemination to third parties, whether totally or in part, of the technical documentation, data, drawings and of any
other information owned by or of concern to FABIO TOMA Srl (whether in paper or electronic form) is prohibited and in this respect the Customer undertakes to take all the appropriate precautionary measures both towards third parties and towards his own personnel on order to guarantee their protection. The Customer also undertakes to maintain strictly confidential any reserved information and/or documents relating to products and designs and not to provide “samples” to third parties, except on written authorization by FABIO TOMA.

11. APPLICABLE LEGISLATION AND COURT JURISDICTION
The present General Conditions of Sale and any Sale Agreement are governed and interpreted according to the legislation of the Italian
Republic. For any dispute between the parties concerning and consequential to the present General Conditions of Sale and to the sale agreement, jurisdiction shall be exclusively that of Rome district Court, Italy.

12. PRIVACY
Personal and sensitive details of Customers, however communicated (by fax, telephone, email etc.) will be handled by FABIO TOMA Srl in compliance with D.lgs. 196/03 and only for duties connected with the activity carried out by FABIO TOMA Srl.

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