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1. ORDERS
The order is binding for the customer and is accepted only if confirmed in writing by ETS Spa. The supply includes what is explicitly specified in the order confirmation and any technical specifications. Any additional service or change will be calculated separately.
2. ADVANCES
Orders must always be accompanied by an advance payment. Advances are always non-interest bearing and the amount paid remains acquired by ETS Spa as a penalty in the event the order is revoked by the customer, without prejudice to the right of ETS Spa to claim any other damages and the right to request the fulfilment of the contractual commitments.
3. PRICES
Unless otherwise agreed, prices are for delivery ex-works Padua. The price is the one defined in the order confirmation.
4. TESTING
Testing takes place at ETS Spa according to internal regulations. At these tests the customer can assist personally or through its officials, further to written communication sent to ETS Spa at least 15 days before the date scheduled for the test. If, in addition to normal internal testing, special tests are required the related costs are charged to the customer. In all events, during the tests the goods must be handled only by the staff of ETS Spa. If the customer withdraws the goods without testing, they are considered unconditionally accepted as is.
5. DELIVERIES
The delivery time os expressed in working days, it is indicative and runs from the date all the data necessary to complete the supply is received. Any delays in delivery will be justified, as well as by cases of force majeure, also by all those causes that may delay the manufacturing process such as business interruptions due to trade union actions, delays attributable to suppliers, transport suspensions, electricity shortages, accidents, etc.
ETS Spa will not be held responsible for any damages for the delay in delivery. For the collection of the goods by the customer the term of 10 days is established from when they become available. In case of failure to collect within the aforementioned term, the customer agrees to pay a penalty equal to 1% (one percent) of the price of the goods for each week (or fraction thereof) of late collection. ETS Spa, at its sole discretion, will be able to terminate the contract due to breach by the customer, with all the legal consequences and will withhold the advance as a penalty, without prejudice to any greater damages they may claim.
6. PAYMENT
Payments must be made before delivery through by bank transfer. In the case of sale by instalments, it is done with a retained domain agreement as per art. 1523 and following of the Civil Code and therefore the goods will become the property of the customer only after payment of the last instalment of the price. In the case of non-payment even of only one of the agreed instalments, the debtor loses the “benefit of the term” and ETS Spa can demand immediate payment of all the instalments not yet due. The report of alleged defects or faults of the supplied goods cannot be the cause for suspending payment. Default interest is applied on the delayed payment as envisaged by Legislative Decree 9 October 2002 n. 231. 
7. SHIPMENTS
Unless otherwise agreed, the goods are sold ex works and any packaging is charged at cost. Transport is always intended on behalf, at the risk and peril of the customer even if the goods are supplied free delivery, further to special written agreements. The insurance is stipulated only on specific instructions of the customer and is, in any case, their responsibility.
8. CHANGES TO THE CONSTRUCTION
ETS Spa has the right to make any changes in the construction of the goods without the obligation to inform the customer, as long as such changes do not concern assembly and overall dimensions. Furthermore, ETS Spa is not obliged to make any changes requested by the customer after the order confirmation, except for a specific written agreement between the partiese.
9. INSTALLATION
The installation is charged to the customer. ETS Spa, at the Customer’s request, can provide an assembler as soon as one is available, both to assist in installation and the tests after installation, and for any servicing, repair and set-up work. All travel expenses will be charged to the customer. The Customer undertakes to provide, at their own responsibility and expense, the lifting means, labour and whatever else the assembler needs to complete the work. The assembler receives orders only from ETS Spa and is not authorized to make commitments to the customer.
10. INFORMATION DATA
A tolerance of 5% is allowed on the technical power and consumption data; on other technical data, including weight, the tolerance is 10%.

12. WARRANTY
ETS Spa guarantees the goods of its construction for 12 months from the date of delivery to the customer. For the components and accessories supplied that are not manufactured by ETS Spa (e.g. engines, alternators, electrical parts …), the warranty terms are applied set by the manufacturers of these components and accessories. The warranty consists of the repair or replacement of parts found to be defective in the opinion of ETS Spa. The costs for transport and packaging of defective materials and those replaced are always charged to the customer.
The following are also charged to the customer:
– Expenses for the transfer of technicians (travel hours, kilometres travelled, meals, lodging …) for interventions requested by the Customer directly at the place where the supplied goods are used.
– Labour costs arising from dismantling, replacing and transporting the engine and/or alternator.
– The expenses for the use of cranes or the tools necessary to dismantle and reassemble the engine and/or alternator and the working hours necessary to make the engine and/or alternator accessible for the various operations.
The warranty is not valid and is terminated by right in the cases of:
– Failure to comply with the customer’s contractual payment obligations.
– Faulty or bad installation, bad use, poor maintenance and use of non-original spare parts or accessories.
– Failure to comply with the indications of ETS Spa on the use of the goods (e.g. overload or manoeuvring errors), or the type of fuel or coolant to be used.
– Alterations or repairs without the consent of ETS Spa.
Anything that can be considered wear and tear and any consumables are excluded from the warranty. Repairs carried out under warranty do not give rise to renewals or extensions of the warranty itself. The parts replaced under warranty remain the property of ETS Spa. The Customer loses the right to the warranty if they do not inform ETS Spa in writing of the defect within 8 days of discovery. In no case can the customer claim the termination of the contract or compensation for direct or indirect damages deriving from the total or partial impossibility of using the supplied goods.
12. LEASE OF LIABILIT 
ETS Spa is released from any liability and obligation for any direct or indirect damage caused to persons or property due to incorrect use of the supplied goods. ETS Spa is also released from any responsibility due to possible infractions of patents, brands and models that are found in the supplied goods.
13. LIMITATIONS ON USE
The supplied goods must be used only for the intended uses. The improper use of the supplied goods entails the immediate forfeiture of the warranty right. To protect the ETS Spa brand, it is established that the customer cannot make changes to the construction and operation of the goods.
14. SALES REPRESENTATIVES
Agents and intermediaries generally do not have the power to represent or commit ETS Spa in any way.
15. TAXES AND OTHER CHARGES
All present and future charges, including taxes and levies, related to this sale, as
well as the use of the supplied goods, are the sole responsibility of the customer.
16. LACE OF JURISDICTION
For any controversy only the Court of Padua has jurisdiction applying the Italian law.

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Pursuant to and for the purposes of art. 1341 and 1342 of the Civil Code, the Customer declares to have read, examined and specifically accepted the clauses provided for in the points: 1. Orders; 2. Advances; 3. Prices; 4. Testing; 5. Deliveries; 6. Payment; 11. Warranty; 12. Release of liability; 13. Limitations on use; 16. Place of jurisdiction.

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COMMUNICATION PURSUANT TO LAW 675/96
We inform you that the data you have communicated to us will be processed for operational management needs, to comply with legal obligations and to carry out activities to ensure a proper contractual relationship. In relation to the aforementioned processing, all the rights can be exercised as referred to in art. 13 of law 675/96 by addressing them directly to ETS Spa.

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