General Sales Conditions
The following sales conditions constitute an integral part of all supply contracts and are attached to the sales price lists and/or
products catalogues, published on this website and are intended to be known and accepted by the Customer at the time of
buying and selling. The Company objects to and rejects any proposal by the Customer for additional or different terms than the following
1. MIVEME SRL
The company has its registered office in Vitulazio (Ce), S.S. Appia km 197,900 – VAT number 02089710616 – PEC firstname.lastname@example.org
2. REQUESTS FOR OFFER
Requests for offers sent by customers to Miveme, including by email (both ordinary and certified), are
to be considered simple requests in no way binding for the company, so much so that their completion is subordinate
upon the issuing of an order by the Customer and acceptance by Miveme.
Prices are expressed in Euro. VAT, transport and packaging costs are always excluded from the calculation.
Prices are therefore to be understood for goods delivered ex Miveme warehouse, unless otherwise agreed between the parties. On the amounts of
Invoices we do not accept deductions or rounding. Miveme reserves the right to vary the prices and values established in
quotations or offers, without prior notice, until the moment of delivery and this following any variations that may occur
both by the manufacturers and for changes in customs tariffs, exchange rates, tax burdens and transport costs
maritime and land.
Unless otherwise agreed in writing, all payments are considered in advance or upon notice of ready goods if indicated. The property
of the products will not pass to the Customer until the price of the products has been paid in full. In case of failure on the payment
upon expiry, Miveme may suspend the delivery of any product without incurring any
penalties liability and resolve or withdraw from the contract. Interest will accrue to Miveme
on any late payments within the terms and with the rates established by Legislative Decree 231/2002 and subsequent amendments and additions.
Miveme reserves the right to exercise the right of retention pursuant to art. 2756 of the Civil Code.
Any complaints or disputes on invoices will be accepted provided that they reach Miveme by letter
with return receipt / PEC within eight days from the date of receipt of the invoice.
6.DELIVERIES AND SHIPMENTS
Deliveries are agreed ex Miveme. For deliveries agreed to a different place, the goods travel at risk, danger and expenses
and responsibility of the Buyer. Packaging and shipping will be done according to Miveme’s best judgment but with no
liability on Miveme itself. Additional or different protective devices will be provided only if expressly
agreed in writing. Upon request and at the Customer’s expenses, the shipment will be insured against all insurable risks.
Delivery terms are indicative and may be subject to change due to force majeure and any other unforeseen events (expressly
including strikes) dependent on the manufacturers and on air, sea and land transport,
changes in laws and regulations concerning foreign trade, the carrying out of banking, currency and customs procedures
and similar and any assembly, control and setup needs. Under the exemplary and non-exhaustive conditions set out above
Miveme remains totally exempt from any responsibility or obligation in this regard.
Miveme can make partial deliveries. Partial deliveries will be invoiced immediately and separately.
If the shipment is delayed due to the Customer’s responsibility, or if the Customer does not take delivery of the products when they are ready
for delivery, Miveme may, at its discretion, store the products or have them stored by third parties under the conditions that it
deems appropriate. The cost of storage, together with any additional insurance or handling costs,
will be charged to the Customer.
It is expressly forbidden to return goods for any reason without adequate notice and without authorization from
Miveme. Returned goods must be sent carriage paid to the Miveme operational headquarters in S.S. Appia Km
197,900 – Vitulazio (Ce). Otherwise the return will not be accepted and will be rejected with charges on the sender, unless otherwise
agreements between the parties. The material travels at the risk of the customer.
Any complaints for products sold to professional customers that do not conform to the order or for defects in the products themselves may
be accepted only if notified by AR or PEC within eight days from the date of receipt; after this period it lapses
any right to complain and any related legal action. In any case, returned products and related invoices will not be accepted
in the following cases:
– without a return note (DDT) showing the Miveme delivery note number (DDT);
– without intact packaging and labels or in conditions different from those of supply.
Miveme sells products manufactured by third parties.
Products manufactured by third parties and sold by Miveme enjoy the guarantee offered by the manufacturer according to its own
warranty conditions. Therefore, no other guarantee, express or implied, is recognized other than that of the manufacturer.
Miveme does not guarantee pursuant to art. 1512 c.c. the proper functioning of products manufactured by third parties.
The right to warranty for professional customers expires if the defects are not reported to Miveme by recorded delivery letter
PEC within eight working days of delivery of the goods and/or detection of the defect if documented for
occurred on a different date.
In the case of sale of products to the final consumer, the mandatory provisions of the law aimed at protecting the products apply
consumers. In the case the final consumer finds a defect in the product, he must inform
Miveme as soon as possible by sending a recorded delivery letter/PEC, and in any case within two months from the date on which the defect
has been detected.
Any claim for compensation for liability arising
from damages of any nature, direct or indirect, even if the causes were to be attributed to manufacturing defects in the products. It’s equally
excluded and waived any compensation for damage to people and/or things, losses and/or increased costs in relation to or due to use
or inability to use the products or their non-use, for any reason.
The warranty, which cost is included in the price of repairs and spare parts, lasts three months from the date of return and is
both to the repaired machine and to the spare parts supplied and is applicable exclusively to mechanical units that have been completely
repaired overhauled or replaced. The warranty is limited to repair or replacement at Miveme’s choice, at its workshop, of
those parts that will be recognized by Miveme as defective in materials or workmanship. In case of malfunction of
the machine (engine/transmission) during the period covered by the warranty, it will be the Buyer’s responsibility to send, at his own expenses, the
machine at the Miveme workshops where the reported defects will be verified.
If, following intervention by Miveme, the defect is not covered by the guarantee, you will be charged of the
costs of verification and restoration, unless otherwise agreed between the parties.
The disembarkation/embarkation and transport costs remain the sole responsibility of the buyer, as for the hauling, launching
and parking costs.
Supplies such as lubricating oils, diesel, antifreeze, relating to repairs or
predicted replacement are charged to the consumer.
The warranty is to be considered void from the moment the machine is used and/or installed in a manner that does not comply with
indications of the Manufacturer or in the event that it is modified, repaired or dismantled, even partially, outside the workshops
of Miveme by non-authorized personnel, or is not immediately stopped pending repairs if
its functioning was faulty or there were non-original spare parts on it.
The Buyer will not be entitled to compensation for damages, nor to an extension of the duration of the guarantee, nor to suspension
temporary payments, nor to termination of the contract, in the event of breakdown or defective functioning of the machine,
whatever the cause, extent, duration and even when Miveme delays in supplying spare parts or carrying out repairs.
The Buyer who is not up to date with payments loses the right to the guarantee.
The return of spare parts replaced during the repair cannot be requested.
Consumable materials and components that have been damaged by ordinary and natural wear are not covered
by the warranty.
Any defect resulting from damage due to accidents is excluded.
The guarantee, as provided for in this article, replaces for all purposes the guarantees referred to in the articles. 1490 et seq. of the Civil Code
meaning that an agreement is integrated pursuant to the second paragraph of the art. 1490 C.C. Civ.
9. REPAIRS, MAINTENANCE, SAFETY
The buyer, the Owner and the User who request Miveme to send technicians for repairs or maintenance of machines,
are responsible for ensuring that the aforementioned technicians have adequate conditions, working tools and controls to prevent damage to
people and things, in compliance with the laws in force.
The purchaser must also provide for the collection and disposal of special waste resulting from processing, repairs,
maintenance carried out at its own construction sites.
Based on current workplace health and safety legislation, the Purchaser must inform Miveme technicians about the
risks existing in their working environment and the precautions that they must adopt to avoid them, this also regarding the risk of exposure (e.g.: lead, asbestos, noise, chemical, carcinogenic, biological agents, radiation, etc.) Miveme reserves the right, should the need arise, to request from the Customer all the necessary information to protect the health and integrity of its staff.
regarding the risk of exposure (e.g.: lead, asbestos, noise, chemical, carcinogenic, biological agents, radiation, etc.)
Miveme reserves the right, should the need arise, to request from the Customer all the necessary information to protect the
health and integrity of its staff.
10. INFORMATION PURSUANT TO ART. 13 Legislative Decree 196/03 “CODE REGARDING THE PROTECTION OF PERSONAL DATA”
The Personal Data received will be processed exclusively for the purpose of fulfilling contractual and legal obligations.
The data will be processed with manual, IT and/or telematic tools, in ways strictly connected to the purposes, from
data controller and the persons in charge belonging to the following categories: Management Control, Administration,
Customer Accounting, Sales Office, Secretary. The data may be communicated to external companies and/or consultants
for the carrying out of economic activities or for the fulfilment of legal provisions.
Data controller Miveme srl, with registered office in Vitulazio (Ce) – S.S. Appia Km 197,900. Responsible of
processing by the Sole Director domiciled for the office at the Data Controller’s headquarters.
The competent court for any dispute that may arise in execution of the contracts of which these are an integral part
general conditions are, by express agreement, that of Santa Maria Capua Vetere (Ce).