275
Oty light
274 Oty light
General Sales Terms
1- Invalidity of the General Sales Terms and of the Price Lists previously in force
1.1 All the sales and payment terms previously in force are expressly cancelled and
replaced by the following general sales terms, as the present price list cancels and
replaces each previous edition; both are valid since 01/09/2019 and they could be
updated or modified at any time, giving notice if necessary through the pages of the
web site www.otylight.com
2- Application and acceptance of the General Sales Terms:
2.1 The business relationships between Oty srl and its customers are exclusively
regulated by the following general sales terms, with express renunciation and
exclusion of any other agreement.
2.2 Sending an order to Oty srl, the customer declares to have gone through all the
information given to him and to accept entirely, without any reservation, all the
following general sales terms, which must be considered as an integral and
substantial part of the sales contract.
2.3 The contract will be valid only once the customer’s order is approved in writing
by Oty srl. The parties could agree on possible changes, integrations or derogations
to the above mentioned general sales terms, which should appear in writing in the
documents including the order of the purchaser and the relating express acceptance
of the seller in the order confirmation. The exclusions or the modifications introduced
by the customer, if not expressly confirmed in written by Oty srl, do not bind Oty
and do not become integral part of the contract, even if they have not been expressly
refused and/or challenged. In any case the missing answer does not mean
acceptance.
2.4 The customer is not entitled to damages and it is excluded any contractual or
extra-contractual responsibility for direct or indirect damages to persons and/or things,
caused by the missing acceptance, even if partial, of an order.
3- Presentation of the products:
3.1 Oty srl improves constantly its products and therefore reserves the right to
introduce the necessary changes or updating at its exclusive discretion at any time.
For this reason the products’ technical and dimensional information (instructions for
use, drawings, illustrations, technical data, weight, measure and performances
descriptions) written in brochures, catalogues, newsletters, advertisements and
in price lists are not binding if not expressly specified in the order confirmation, and
could be subject to modifications or updating without any advance notice.
4- Offers and Prices:
4.1 All prices written in the price list are expressed in EURO, not including VAT.
4.2 These prices could be modified at any time at Oty srl exclusive discretion and
with no obligation of any advance notice or communication.
4.3 Prices do not include light bulbs, if not differently and previously specified in
written between the parties.
4.4 The offers of Oty srl and the customers’ orders must be always considered
“except for availability and prices changes”.
5- Orders:
5.1 Each Order sent to Oty srl must be considered as a definitive and binding
proposal for the purchaser, and this could be cancelled or modified only through a
written agreement between the parties.
Anyway, the orders for customized products or for products different from standard
Oty light’s product, could not be cancelled neither totally nor partially once they have
been sent to Oty srl.
5.2 After receiving the order Oty srl is not obliged to communicate to the customer
that the net value of the above mentioned order, since it is lower than the free port
limit, implies the non-application of the under mentioned delivery “free port” clause.
5.3 In case of integration orders or anyway of orders linked to the previous ones,
Oty do not guarantee the delivery of the same tone or design of the material
previously delivered.
6- Delivery
6.1 The delivery terms indicated on the orders’ confirmations or verbally agreed between
the parties, have only an indicative value. Their non-observance, as also the possible
delivery of partial or reduced supplies, will not cause either the cancellation of the relating
order or the application of any fine or the acknowledgment of any kind of compensation.
7- Packaging:
7.1 The products are provided packed in boxes of recyclable carton, whose cost is
included in the price.
8- Pick up of the goods:
8.1 The ordered and supplied goods must be regularly picked up by the customer.
If Oty srl will not be responsible for the non-delivery or if the customer refuses the delivery
of the goods, the customer himself will have to organize on his own, at his own expenses
and on Oty written exhortation the pick up of the previously mentioned goods, which is
the object of the contract, within the deadline communicated by Oty srl and, in addition, the
customer will have to pay the price of the goods. Once this expiry date is passed uselessly,
Oty srl is free from any responsibility and is authorized to issue an additional regular invoice
for interests on arrears (ex D.Lgs 231/2002) accrued on capital and for goods storage
costs and any further damage.
8.2 At the moment of the goods delivery by the forwarder, the customer has to make
all the necessary controls to check the possible damages, missing pieces, defects or other
apparent imperfections of the delivered goods in comparison to the order. Precisely he
must control that:
8.2.1 The number of the delivered items corresponds to the number indicated in the
delivery note.
8.2.2 The packaging is integral , not damaged , not wet or anyway altered, also the closing
materials. Possible damages to the packaging and/or the goods, or the non-correspondence
of the number of items or of the indications, must be immediately notified, writing “
reservation of control” (and specifying the cause of this reservation) on the delivery note
of the forwarder and also confirmed, writing the raised reservations in a recorded delivery
letter with receipt of return to Oty srl. Once the delivery note of the forwarder has been
signed, the customer could not complain anymore about the external peculiarities of the
delivered goods.
9- Installation:
9.1 The installation and the connection/assembly of the goods, object of the supply,
are at the customer’s expenses and management.
All the products must be connected and installed according to the E laws, or anyway
to those in force, and according to the information contained in the catalogue and in the
instruction sheets by skilled and expert personnel. Oty srl declines every responsibility
for products sold and/or installed in countries in which there are laws that do not allow
their use.
10- Returned goods:
10.1 Returned goods will be accepted only after written authorization by Oty srl and
only if the product will be returned with all its original parts (including the possible
documentation and accessories: instruction manuals, cables, etc…), in the original
packaging, and within 7 days since the authorization. If just one of these requirements
will be missing, Oty srl will return the goods to the sender ex factory. In any case, returned
goods are considered free of port to Oty srl seat.
10.2 Except for any different instruction, the material will be credited only if it could be
resold by Oty srl, net of costs for the control and restoring of it.
10.3 Anyway all the special productions, customized or produced
according to the customer’s specifications, or anyway different from standard Oty light
product, as also the feeders/ballasts and housings for recessed items, could not be
returned or refused.
13.5 In addiction to what specified in the previous point, if the customer will not pay,
even a part of the price, within the fixed expiry term, he will lose the benefit of the
postponed payment (“benefit of the term”), also for the existing supplies;
Oty srl could appeal to the application of articles no.1460 and 1461 of the Italian
Civil Code and therefore suspend the ongoing supplies.
14- Withdrawal of the contract
14.1 Oty srl has the power to withdraw from the contract, with no charges, if it will
know about the existence of protests as also the beginning of judicial (commanding decree)
or extrajudicial processes against the client.
15- Renounce to recourse
15.1 Oty srl does not recognize to the customer the right of recourse
(ex art. 131 D. Lgs: 06/09/2005, n. 206 and following modifications).
16- Applicable law and competent court:
16.1 The sales contract is regulated by the Italian law and it is excluded the application
of any other international law or convention.
16.2 Considering the possible application of mandatory regulations , for any dispute
related to the interpretation, application, execution of the sales contract and/or to
the present “general sales terms” or anyhow related to them, the exclusive competent
court will be Treviso.
Specific approval:
The customer/purchaser sending an order to Oty srl, admits and clearly confirms
to have gone through and, according to the art. 1341 and 1342 C.C., and after reading,
to accept and approve integrally and without reserve the above mentioned
General Sales Terms, written also in the web site (www.otylight.com),
which must be considered as an integral and substantial part of the sales contract and,
in particular, the following articles:
1) Invalidity of the General Sales Terms and of the Price lists previously in force;
2) Application and acceptance of the General Sales Terms;
4) Offers and Prices;
5) Orders;
6) Delivery;
8) Pick up of the goods;
9) Installation of the product;
10) Returned goods;
11) Complaints;
12) Guarantee;
13) Payment terms;
14) Withdrawal of the contract;
15) Renounce to recourse;
16) Applicable law and competent court.
11- Complaints:
11.1 Possible problems concerning the integrity, the correspondence or the completeness
of the received goods, or any claim concerning manufacturing and/or quality defects of
the goods must be notified in written, otherwise invalid, to Oty within 8 (eight) days
since the date of the receipt of the goods (in case of apparent defects and/or imperfections)
or since the discovery (in case of non-visible defects and/or defects).
Once this term is expired , no complain will be accepted.
11.2 For the approval of the complaint, the customer will have to demonstrate the correct
maintenance and, if necessary, the correct installation of the product.
11.3 Possible claims or complaints, notified either bringing an action or raising an objection,
will not allow the suspension of the goods’ payments.
11.4 If the complaints will result groundless, Oty srl will debit the expenses paid for
possible controls on the spot and also the costs and charges for possible surveys even if
made by a third part.
12- Guarantee:
12.1 Oty product is made and controlled according to the E laws, which guarantee
the security and the technical quality of the materials.
12.2 Each Oty product has the guarantee foreseen by the laws in force since the delivery
date of the goods, and by the way, the guarantee is limited to the items considered faulty
and anyway to a maximum amount equal to the one of the bought goods. In any case Oty
srl will not be obliged to compensate the customer for direct or indirect damages or for any
other financial damage suffered by buyer or by a third part.
12.3 To benefit from assistance under guarantee, the customer must show the original
invoice (or delivery note) and/or receipt for fiscal purposes.
12.4 The guarantee is applied to Oty product, if and only if, it is used correctly, according
to its main use and to what is foreseen in the technical instructions attached.
12.5 It is excluded from the guarantee each defect of the product caused by a wrong
installation, storage, maintenance, connection or assembling (non-observance of the E
laws in force and of the information written in the catalogue and in the possible
assembling and instructions sheets), by a faulty servicing, by a wrong use or by a use not
according to the technical or employment specifications (non-observance of the servicing
and maintenance instructions and of the use conditions), by modifications or repairs, made
by the customer or by a third part, by deteriorations or damages caused by external objects
or events (such as incidents, blows, fires, acts of vandalism, water loss from pipes, natural
or artificial lights (in case of discoloration), bad weather.
12.6 Products which have been tampered with or anyway damaged because of overloads,
high or low voltage, unexpected chemical electrochemical/electrical alterations or because
of a third party in general have no guarantee.
12.7 During the guarantee period, Oty srl commits itself , at its sole discretion, to substitute
or repair the products or the products’ pieces which Oty recognizes as faulty, or to reduce
or pay back the corresponding price. Possible invoices for repairs made by a third part
will not be in any case refunded by Oty srl.
12.8 If required , the customer will have to prove the defect with
pictures which must be sent to Oty’s e-mail address info@otylight.com.
13- Payment terms:
13.1 Except for any different instruction agreed in written between the parties,
the supplies must be paid cash on delivery.
13.2 The payment must be made exclusively in Euro.
13.3 The customer does not have the right to counterbalance his debts towards Oty
with his own possible credits or opposite demands. The customer could not raise any
kind of objection to avoid or delay the payment of the required price.
13.4 In case of delayed payments, the customer must pay to Oty srl the interests on
arrears (ex D.Lgs 231/2002), since the fixed expiry payment term. Possible discounts
or allowances will decay.
