Conditions of sale

These general conditions of sale regulate the contractual relationship arising between the parties following acceptance by Technology BSA S.P.A. (hereinafter “Technology BSA”) of the customer’s purchase proposal/order and replace the versions contained in previous catalogues, as well as any other agreement reached between the parties, except as may be agreed in writing and with express reference to these general conditions of sale derogating its content, on Technology BSA letterhead duly signed by a legal representative of the same.

All descriptions and illustrations contained in this catalogue, or in other commercial documentation of Technology BSA have the sole purpose of providing the customer with a general idea of ​​the products and will not constitute part of the contract between Technology BSA and the customer.

These general conditions of sale do not apply to exports for which different contractual conditions are envisaged. Furthermore, in the event that the products supplied are subsequently exported, it will be the customer’s responsibility to obtain, at his own expense, all the necessary licenses and authorizations, also complying with the regulations relating to exports between Italy and the country of destination, with particular reference to the rules for the export of high-tech products.

Technology BSA does not issue, under any circumstances, a pro forma invoice.

1. Prices

The prices mentioned are exclusive of VAT, which will be applied at the rate in force on the invoice date.

The prices indicated in the catalog and on the website may vary due to the cost of raw materials. In the event that the price of the product ordered, as resulting from the Technology BSA price list in force at the time of receipt of the order, is different from that indicated by the customer in the order form, Technology BSA will promptly contact the customer who will have the right to confirm the order or not.

Where prices are not expressly indicated or in the case of supplies relating to products not present in the Technology BSA catalogue, prices must be specifically agreed and confirmed in writing by Technology BSA before shipping the product.

2. Orders

Orders can be submitted by the customer according to the methods indicated in the introductory pages of the catalogue.
The order will be considered as a contractual proposal, since this catalog has only an informative function and, therefore, an invitation to offer.
Technology BSA’s acceptance may also occur through direct execution of orders, without the need for prior formal acceptance of the order.

3. Deliveries

The delivery of the products will be carried out under the transport and cost conditions indicated, as the case may be, in the introductory pages of the catalog or on the website (www.technologybsa.com), unless a different delivery service is specifically requested by the customer. Same-day shipping, regardless of the transport system used and where possible, will generally be carried out only for orders received by 10 am. However, it remains important that the delivery terms must be understood as non-essential and non-binding.

Notwithstanding the foregoing, Technology BSA reserves the right to change the shipping cost during the validity period of the catalogue. If the transport cost is higher than what is indicated in the catalogue, the relevant amount will be communicated by Technology BSA to the customer before shipping, which will take place only after the customer has accepted the new amount within 3 (three) days of Technology’s communication BSA.
If Technology BSA expects not to be able to respect the delivery terms indicated above, without any responsibility towards the customer, it will communicate the new delivery conditions of the product to the customer, who will have to confirm the order as modified within 3 (three ) days from the communication from Technology BSA. Unless otherwise agreed, delivery will be made to the address specified by the customer in the order, it being understood that if the customer intends to collect the products directly from Technology BSA – Regione Leiso 99 – 14050 San Marzano Oliveto (AT) he must make an express request to act of ordination; However, Technology BSA has the right to accept this request.

4. Examination of products, delays and non-delivery

The customer is required to examine the goods received carefully at the time of delivery and to communicate in detail to Technology BSA, within 8 (eight) days of delivery, any defects found – or discoverable – as a result of this examination, or to propose any other complaints in relation to the products. In the event that the customer does not make the above communication, the products will be considered definitively accepted and compliant with what is requested in the order, without prejudice to the possibility, which can be experienced no later than 1 (one) year from delivery, to make apply any non-apparent defects, provided that the relevant report has been made within 8 (eight) days of their discovery (in compliance with the provisions of art. 1495 of the civil code).
It is understood that the customer must refuse delivery by the carrier of packages with damaged packaging and must, in this regard, immediately inform Technology BSA of the incident; otherwise, the goods delivered will be considered accepted in their entirety in the state in which they are found at that time.
For the purposes of examining the products, the customer acknowledges that Technology BSA is not the author of the software that may be contained therein, nor has it viewed them. The customer must therefore carry out, under his own exclusive responsibility, before using the product, every reasonable check to verify that the software contained in the purchased products makes them suitable for use or that they are not affected by computer viruses or other defects that may damage the product or goods that come into contact with it.

5. Passing of Risk and Ownership

Ownership of the goods passes to the customer when the latter collects them from Technology BSA – Regione Leiso 99 – 14050 San Marzano Oliveto (AT) or, in the case of delivery to the customer’s home, when the goods are delivered to the carrier.
The goods travel at the risk and peril of the customer even when they are delivered free of destination, it being agreed that each shipment is carried out for specific instructions and on behalf of the customer and that, therefore, Technology BSA is exempted from any liability with the delivery of the same to the carrier or to the customer in the event that the latter decides to collect the goods personally or through his representative.
In the event of non-payment, Technology BSA will have the right to avail itself, at its sole discretion, of the express termination clause referred to in the following section “Payments and Express Termination Clause” or of any other remedy provided by law, including compulsory execution or the reacquisition of possession pursuant to article 1519 of the civil code. If it is necessary to allow Technology BSA to exercise and protect its rights, the customer will allow Technology BSA, its employees and agents, to access its premises, for the sole purpose of proceeding with the collection of unpaid products. It is also understood that Technology BSA will in any case have the right to request full compensation for any damage suffered as a result of the customer’s non-compliance.

6. Warranty

Technology BSA will replace or repair the products supplied, or refund the relevant price, if, despite correct and diligent use by the customer, defects are detected, which must be asserted against Technology BSA within 12 (twelve) months from the date of shipping, or within that different deadline indicated from time to time by Technology BSA for specific products, or established by law.
The products, or the parts of them to which the dispute refers, must be returned to Technology BSA within the period of time referred to in the previous paragraph, adequately packaged, with shipping by the customer and in compliance with the particular instructions that Technology BSA has possibly given at the time of supply or subsequently. The products or parts of them returned must be accompanied by a note containing the description of the defect, as well as any other information indicated or requested by Technology BSA at the time of supply or subsequently. All products or parts thereof replaced by Technology BSA will become the exclusive property of Technology BSA. This guarantee replaces any guarantee or other provision established by law regarding the quality or suitability of the products for specific uses, except for those provisions which cannot be waived by law.

7. Information about the product and its availability

The information contained in this catalog is, to the best of Technology BSA’s knowledge, correct at the time of printing. If the customer intends to supply the purchased products to third parties, he himself will ensure that the products are complete with all accessory elements such as warnings, labels, instructions, manuals and other useful information, supplied with the products themselves.

8. Limits of liability

These general conditions outline the entire scope of Technology BSA’s responsibility regarding the products, to the exclusion of any other warranties, conditions and terms, express or implied, established by law, including with reference to the quality or suitability of the products for specific uses , except in any case for those guarantees which, by law, cannot be derogated from, with particular reference to the provisions of the art. 1229 of the civil code and on the subject of liability for damage from defective products and consumer protection.

It is also understood that, in no case, Technology BSA will be responsible for the loss of profit or for any indirect damage suffered by the customer due to a fact, act or omission attributable to Technology BSA pursuant to these general conditions or in any case in relation to the subject sale of the same.
The applications described in the data sheets in the catalog and the combination of components for their creation do not represent the only possible technical solution. Technology BSA assumes no responsibility for the correct functioning of these applications, nor for their compliance with the specific purposes for which they may be intended.

9. Limitations of use

Technology BSA products have not been tested for applications in the medical field nor for joint use with medical-surgical devices of any kind or nature. Likewise, Technology BSA products have not been tested for application in the context of nuclear activities or in the aeronautical sector. Technology BSA products must not, therefore, be used in these areas, with respect to which Technology BSA assumes no responsibility for malfunctions and/or damage to property or people.

10. Payments and express termination clause

Payments can be made according to the following methods:
a) by bank transfer (ISTITUTO INTESA SAN PAOLO – Canelli branch (Asti) – current account 100 000 007 983 – CIN E – ABI 03069 – CAB 47300 – IBAN code IT 77 – SWIFT code BCITITMM – Complete code: IBAN IT77 E 03069 47300 100000007983 – BCITITMM);
b) by cash, credit card or debit card (in case of collection of goods at Technology BSA).
Technology BSA however reserves the right to request payment in cash or to propose additional and different payment methods.

Any payment terms other than those above must be agreed in writing with Technology BSA, before placing the order. All payments will be made to Technology BSA, without the customer being able to raise any compensation, deduction or counter claim.
In the event of non-payment of the price due by the customer, the sales contract will certainly be considered legally terminated pursuant to and for the purposes of article 1456 of the civil code.
In the event that payments are not made within the agreed times, Technology BSA reserves, however, the right to apply default interest equal to the interest rate referred to in the art. 5, d. lgs. n. 231 of 9 October 2002 in force, without prejudice to Technology BSA’s right to request compensation for any further damage, as well as reimbursement of any cost or expense incurred for the recovery of its credit, including legal fees. In this case, all sums owed at that time by the customer to Technology BSA, also in relation to other supplies, will become immediately due in full, with any payment extension granted by Technology BSA being deemed revoked for this purpose.

11. Evaluate

Payments must be made in Euros; other currencies may be agreed in writing between the parties.

12. Country of origin

Unless otherwise communicated in writing to the customer, the information contained in this catalog does not constitute, nor should it be construed, as a declaration of the country of origin, preferential origin, processing, production or assembly of the products or any part thereof .

13. Return of products

No return of products will be permitted without the prior written consent of Technology BSA, without prejudice to the provisions of the previous paragraph “Warranty”. After obtaining Technology BSA’s consent, to be entitled to a refund, the customer must return the products, according to the following conditions:
a) the products must not have been used and must be returned in the same conditions in which the customer received them;
b) the return must take place within 15 (fifteen) days from the date of the purchase invoice;
c) if the conditions of sale do not contain specific instructions (and these have not been subsequently indicated by Technology BSA), all parts added to the product by the customer must be removed before returning to Technology BSA; otherwise, Technology BSA is authorized to remove and/or discard all additional parts;
d) returns are not permitted for software, configuration services and products which, although supplied by Technology BSA, were not available in the offer of the Technology BSA catalogue;
e) even if the product packaging is intact, a fixed contribution will still be applied for the management costs of the return equal to 25.00 (twenty-five) Euros;
f) the products are returned to Technology BSA at the customer’s care, expense and risk. The products to be returned to Technology BSA must be adequately packaged and shipped to Technology BSA S.P.A. – Leiso Region 99 – 14050 San Marzano Oliveto (AT).

14. Cancellation of orders

Orders placed with cash or credit card payment that cannot be completely processed based on warehouse stocks will be partially canceled and the related sums refunded.
Technology BSA reserves the right not to have commercial relationships with any entity. Furthermore, Technology BSA reserves the right not to accept or cancel any order, regardless of whether payment has been received or not, by notifying the customer by fax, telephone or e-mail within 48 (forty-eight) hours (excluding weekends and public holidays) from receipt of the order. In the event that Technology BSA does not accept or cancels an order for which payment has already been made, Technology BSA will promptly refund the entire amount received, according to the methods that will be indicated to Technology BSA by the customer for this purpose. It is also understood that the refund of the price represents the only burden borne by Technology BSA for non-acceptance or cancellation of the order, any form of liability borne by Technology BSA being excluded in this regard.

15. Force majeure

In the event that the execution of orders by Technology BSA is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of procuring the services, materials or articles necessary for the fulfillment of the order, unless at increased prices, Technology BSA may delay the processing of the order and, in this case, having communicated the delay to the customer, the latter, within 3 (three) days of receiving the communication from Technology BSA, will have the right to cancel the order. the order in whole or in part. In none of the aforementioned cases, Technology BSA can be held responsible for the delay, cancellation or inability to make delivery.

16. Copyrights and patents

Technology BSA warns the customer that the products presented in the catalog may be the subject of a patent, trademark, copyright or other industrial property rights owned by Technology BSA or third parties.
Technology BSA is the owner of the copyright relating to this catalogue, the total or partial reproduction of which is prohibited without the prior written consent of Technology BSA.

17. Contracts concluded with consumers

If the customer qualifies as a consumer, the provisions relating to consumer protection will apply, including those referred to in Legislative Decree no. 6 September 2006. 205, which are not intended as derogations from these general conditions. In particular, in the event that the contract has been concluded outside the commercial premises or in the case of distance contracts and contractual proposals, the consumer will have the right to withdraw from the contract without any penalty by sending, within 10 (ten) working days from the date of receipt of the purchased products, specific communication, by registered mail with return receipt (or by fax, telefax, e-mail, confirmed by registered mail with return receipt within 48 (forty-eight) hours following to Technology BSA S.P.A., Leiso Region 99 – 14050 San Marzano Oliveto (AT). In case of exercising the right of withdrawal, the purchased products must be returned to Technology BSA, intact and adequately packaged, within 10 (ten) working days from sending the aforementioned communication, at the customer’s expense, to the following address: Technology BSA S.P.A., Regione Leiso 99 – 14050 San Marzano Oliveto (AT).

Upon exercising the right of withdrawal, Technology BSA will promptly return to the customer any consideration received.

18. Organization model pursuant to Legislative Decree. n. 231/2001

The customer declares to be aware of the current legislation regarding the administrative liability of the legal person and, in particular, of the provisions of the legislative decree of 8 June 2001, n. 231. In this regard, the customer declares to base his behavior on the principles of transparency and correctness, in strict compliance with the provisions of the law.

19. Processing of personal data

Technology BSA processes the personal data of its customers in compliance with the provisions of the law, according to the methods and for the purposes specified in the Privacy Policy published at the following Internet address: www.technologybsa.com – “Privacy” section.
For any information in this regard, the email address info@techbsa.com is available.

20. Jurisdiction

The Court of Asti will be exclusively competent for any dispute arising from these general conditions of sale. If the customer qualifies as a consumer, any disputes arising from these general conditions will be referred to the jurisdiction of the judge of the consumer’s place of residence or domicile.