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General Condition of Sale

This contract is a distance contract under article 50 and following of Italian Decree 6th September 2005 nr. 206 (Code of Consumer).
The contract is for the sale of goods by the company MISCO S.R.L. - Via Nicola Fasano, 72 - 80078 Pozzuoli (NA) - VAT 08682551216 and the consumer (the customer).

1. Contracting parties
MISCO S.R.L. is a company placed at Fasano street, 72 - 80078 Pozzuoli (NA), that trades inboard diesel engine, inboard and sterndrive diesel engine spare parts, fitting accessories and various equipment for boating as well as electronic navigation instruments, here later called "products".
This General Conditions apply in relation to selling of products by MISCO S.R.L., here later called "MISCO", to the buyer, here later called "customer".
This General Conditions, the offers, the purchase orders and possible attachments are the sole reference documents, which settle relations between customer and MISCO for all shopping through this web site www.ricambimotorimarini.com and other systems reported hereafter, and will be, all together, called here later "contract”.

2. General regulations
This General Conditions regulate all relations arising from contract and being integral part of it, must be accepted and undersigned entirely without any changes, except what differently agreed and writing accepted by both parties.
Any additional and/or changed clause of the contract must be written expressed and approved by both parties to be considered as valid and binding.
The contract will be fixed when the customer, confirming purchase order for one or more products, will receive a writing acceptance from MISCO.
If MISCO, fixed on his offer a validity term, the customer has to send related purchase order confirmation within such term, which effectiveness is always subjected to acceptance of MISCO.
The purchase order of customer is a firm and irrevocable proposal within probable date or period shown as expected delivery.
All quotations of MISCO can be subjected to revisions without notice.
This conditions are applicable to any customer, whatever is the nationality.

3. Object
With purchase order confirmation, the customer has the right, by paying the established price, to buy the products chosen from on-line shop published by MISCO on the mentioned web site www.ricambimotorimarin.com.
These products are subjected to changes or cancellation at any moment at discretion of MISCO, without that it constitutes ground for termination of contract or source of liability by MISCO, who however will notify in time the variations of the products in the on-line shop.
MISCO ensures, through telematics system used, the immediate processing and execution of orders and for such scope shows, at real time, on his own on-line shop on the data sheet of each product the estimated times for delivery at agreed address, except unexpected events.
The computerized system of MISCO will confirm immediately the registration of purchase order by transmitting to customer a confirmation through e.mail.
The purchase orders will be binding for MISCO only if the customer will settle the agreed price as per agreed method and will send evidence to MISCO by e.mail in case of bank transfer; in case of payment by credit card or PayPal the purchase order will be binding for MISCO only in case of successful transaction.
It's suggested that the customer will file an hard copy of purchase order confirmation and all following notices/communications.

4. Sale prices and purchase conditions
All prices of products shown on-line, as reported on the web site, are already VAT tax included.
Each price will be confirmed at purchase order confirmation with obviously addition of transport and standard packing cost, which will be calculated automatically by telematics system.
Standard packing means the only required package and protection for normal transport conditions against damages and/or deterioration of the product before to reach delivery address as per contract agreement.
A specific packing, expressly requested, entails an additional cost which will be charged to the customer.
Possible transport insurance expenses, if expressly written requested from customer, will be charged to him.
Before final confirmation of purchase order, the customer has to verify the unit price of products, the transport cost, in the final summary of expenses.
At the completion of purchase order process the customer will receive an e.mail with order details, containing code and name of ordered products, costs details and taxes, as well as total amount of purchase order.
In case of payment by bank transfer, the customer will receive in the order confirmation also careful instructions of transaction procedures.
In case of unavailability of chosen product, MISCO is responsible to inform the customer about expected delivery time and the customer has the right to accept or refuse, by sending a written communication by e.mail to web@miscona.it or at fax +39 081 526 7299.
In case of price changing of chosen products over 5% of value, MISCO is responsible to inform the customer, who has the right to accept or refuse and cancels the order, by sending a written communication to above mentioned e.mail or fax.

5. Other purchase methods
MISCO inform that, besides the purchase through on-line store of web site www.ricambimotorimarin.com with related shopping cart, as per previous points conditions, are possible and valid also other purchase methods, listed below:

AA) FAX: the customer has to send a written request at fax nr. +39 081 5267299 by indicating all following informations:
a- Surname and name or company name (in case of company)
b- Fiscal code or VAT Nr. (in case of company)
c- Placing address and delivery address, if different
d- Telephone and e.mail or fax
e- Code and name of product/s with related quantities
f- Acceptance of privacy informative, by giving the assent at personal data processing as per Italian Decree 196/2003.
Once received the fax, MISCO will reply with related quotation/offer by showing unit prices, availability, delivery time, as well as transport cost for delivery at indicated address, except differently specified by customer.
Such quotation/offer in case of acceptance has to be resent signed to MISCO at fax +39 0815267299

BB) E.MAIL: the customer has to send an e.mail to michele@miscona.it by specifying the following informations:
a- Surname and name or company name (in case of company)
b- Fiscal code or VAT Nr. (in case of company)
c- Placing address and delivery address, if different
d- Telephone and e.mail or fax
e- Code and name of product/s with related quantities
f- Acceptance of privacy informative, by giving the assent at personal data treatment as per Italian Decree 196/2003.
Once received the e.mail, MISCO will reply with related quotation/offer by showing unit prices, availability and delivery time, as well as transport cost for delivery at indicated address, except differently specified by customer.
Such quotation/offer in case of acceptance has to be resent signed to MISCO by e.mail to michele@miscona.it.

6. Payment methods
Payment of purchased products and shipping expenses related will be done by customer at the time of pruchase order confirmation by using the available payment method and described hereafter, or within three working days since purchase order confirmation in case of choosing bank transfer as payment method.
MISCO offers the following payment systems at following conditions:


AA) CASH ON DELIVERY: Payment cash upon delivery of goods (not for orders from foreign countries)
By choosing payment of goods cash on delivery you have the option to send the goods to an address other then that of the order’s holder. This payment requires:
a) Telephone number of the addressee of the purchase order;
b) Payment in cash directly into the hands of the courier charge for delivery, the exact amount corresponding to the total order amount, as it isn’t expected the change;
c) Cheques are not accepted, any kind, unless clearly stated on the courier waybill;
d) Cash on delivery as method of payment will charge customer of the burden of money collection, equal to 3.5% of the total order.

BB) BANK TRANSEFR
By choosing payment by bank transfer you have the option to send the goods to an address other than that of the order’s holder. This payment requires:
a) Bank transfer within three working days from final purchase order date. After that period the order is void;
b) The bank transfer description must indicate: No. and date of the purchase order, name and surname of the customer.
c) The bank transfer must be made addressed to:
Account holder: MISCO S.R.L.
Bank: Banca Popolare dell’Emilia Romagna
Address: Via Fasano 36/38 – 80078 Pozzuoli (NA)
IBAN: IT44Q0538740100000001422858
d) The order will be effective only upon receipt by e-mail web@miscona.it or fax +39 0815265799 of the bank confirmation copy which must indicate purchase order Nr. reported on the e.mail of order confirmation.

CC) PAY PAL
PayPal is an online payment service by credit card based on e-mail identification actives in 55 countries and worldwide territories.
The service will charge customer of the burden of money collection, equal to 2.0% of the total order.
Just tick the payment system PayPal and complete the order, then follow the on-screen instructions, if you are already registered with Paypal you can login and complete the payment directly from your own Paypal account panel. PayPal will never reveal your financial information to sellers.
PayPal is an “eBay Group” company which provides an international system of credit card payment by e-mail. They accept almost all credit cards (also prepaid such as PostePay).
MISCO will never know the number of users credit cards, neither stored on MISCO website because data are directly and exclusively in the Paypal circuit, for further information visit www.paypal.it or www.paypal.com.

7. Delivery terms
Except as set forth in art. 9 of these General Conditions of Sale in case of deferred payments, agreed always by writing, the ownership of sold products will transfer to the customer, with any consequence, at the delivery.
The operations of loading and transport of products are in any case on charge and at risk of customer even if the transport is done or arranged by MISCO, who is not responsible for the whole and/or partial deterioration and/or damaging of goods during transport and after risks transfer.
The customer in none case is released from the payment obligation of due amount when the deterioration and/or damaging occurs during and/or after transfer of the risks.
Apart of otherwise provided, the risk of products deterioration will transfer to the customer at deliver time.
The delivery terms shall commence anyway from the date when all documents, materials and execution details have been provided by customer who has the obligation to take all prerequisites.
The delivery times indicated in the orders are considered as indication only and only in the interest of MISCO regardless, the term used, such as urgent, imperative, etc. 
The goods are sold ex warehouse MISCO S.R.L., placed at Fasano street, 72 – 80078 Pozzuoli (NA) - Italy.
MISCO reserves the right to choose the means of transport, type of shipment and courier. 
Shipping to a destination other than the one indicated by customer will be done only and exclusively with pre advice and obviously probable additional transport costs will be charged to the customer.
The transport arranged by MISCO, is excluded from the product price and is on customer account. MISCO is authorized to make partial deliveries.
The delivery will be considered occurred on the date of departure of products from MISCO warehouse regardless type of shipment used.
In case of delivery delay for reasons attributable to the customer, the delivery of products shall be deemed the date on which the customer will receive communication stating that products are ready for delivery.
Proof of delivery will be official stamp of customer and/or signature of another authorized person on the transport document which specify clearly and in detail the delivered quantity.
If the products have not been collected at agreed delivery date, MISCO may terminate the contract, by holding probable prepayment received, except compensation of biggest damage.
In the events that the customer request and will be granted an extension of delivery terms, it will be charged an irreducible fine of 0.5% of the agreed priced for each week of delay from the beginning of third week.
If the customer fails to collect the goods within 15 days from the expected date, MISCO has the right to update the prices as per new probable price list in force except the application of penalty and right to withdraw by MISCO.
Deliveries will be considered in accordance with purchase orders if the customer does not formally complain with carrier and inform also MISCO, immediately on delivery or within 24 hours since delivery of goods.
Each transport document related to the delivery, signed and stamped by or on behalf of the customer, is a merely acknowledge of delivery and is not a statement of products conformity to these General Conditions of Sale.
The products will be considered accepted by the customer only after a suitable period for checking of products, and however not later than five days after delivery.
Returns are not accepted if not written authorized by MISCO, and also over ten days after delivery.
The return at MISCO warehouse is still a risk of customer and accepted only if sent free on board (FOB) and having verified that the defect is note due to misuse.
As refund of handling expenses will be charged 15% + VAT of the value with a minimum of € 15.00 + VAT, subjected to additional costs for the refitting, which will be charged at cost.
The reasons for the return must be written specified in the packing containing the goods.
MISCO shall not be liable for any delay or non-delivery of products where that is not due to events beyond its control, including strikes, as long as gives prompt advice to the customer.
In any case, the probable overcoming of delivery terms shall not be ground for termination of purchase order, stop of payments, rejection of delivery and doesn’t entitle to claim damages.

8. Drawings, documents and technical cards
The weights, the dimensions, the capacity, the prices, the estimated performances and other data displayed on the catalogue, prospects, circulars, advertisements, images, price lists and web site for web shopping are merely informative.
These data have binding value as provided in the contract.
Any drawing, documents, technical information related to production and assembling of product, as well as those concerning its parts, and any other drawing, document, technical information delivered to the customer through the web site before and/or after stipulation of contract are not binding and subjected to variation by maker; as well as the images which are indicative and not binding, product names and logos are only displayed for identification of product.

9. Testing
Testing of products and their mechanical parts, where required, will be carried out at care and under responsibility of maker.
MISCO commits to handover any useful documentation received from maker which states the testing and/or function test with positive result concerning the mentioned product.

10. Retention of title
As per art. 1523 c.c. and followings, in case of deferred payments, the delivered products are still MISCO property until whole and complete settling of price, plus costs and expenses.
In case of default or insolvency of customer, MISCO has the right to get the return of products which have been already delivered to the customer but are still its property.

11. Warranties
The customer who buy the products, with order confirmation, accepts integrally and exclusively the general warranty conditions of maker of purchased products.
Customer is aware that the goods purchased will be guaranteed by the manufacturer and subject to its provided conditions, besides he accepts all modes of manufacturer warranty production, also with reference purely of example, to the party authorized by the manufacturer as manager of warranty (company other than the manufacturer who is in charge for repair/replacing service of good).
The installation of good will be at customer care/account, furthermore MISCO does not have any liability for maintenance and/or technical assistance.
MISCO ensure the conformity of supplied products at the agreed specifications.
Customer under penalty of forfeiture must report malfunction to MISCO within seven days from delivery and not over or within ten days since discovery, or when he could find out through an accurate examination and test of products, in case of hidden defects.
The buyer has the right to benefit of this warranty only if settled all payment and liability to MISCO.
MISCO is not responsible for failures and breakdowns caused by transport or caused by non-compliance with the rules laid down in the instructions manual and however by improper use and/or handling of products.
MISCO is not responsible for the failures and breakdowns caused by incorrect installation of products by customer or by having made himself any changes or repairing.
MISCO is not liable for products defects and fault due to normal wear of those parts, which for their nature, are subjected to rapid and continuous wear.
Under no circumstances, MISCO is responsible for defects and faults which have their cause in an event attributable to the customer after transfer of risks.
When the customer request supplying of products with any type or size of variations compared with products shown in the MISCO’s catalogue and/or on-line shop, or anyway request a custom product, he shall submit to MISCO by writing the drawings, technical documents, data and any other instruction, getting on that MISCO has to deliver a product in compliance with these changes only if they have been written confirmed by MISCO.
The warranty is limited to, subject acknowledge of fault/defect, to the repairing of defected products, not including, in any case, whole replacing, necessary manpower for the repairing service, the travelling and transport.
There must be no any refund for additional expenses or immobilization of boat for haulage and launch.
To get feedback from carrier for any damages due to transport, the receipt of shipment with missing and/or damaged, whole or partial, or opened packing, shall be made by buyer with “reserve”.
For all products purchased from sub-supplier, MISCO has the liability only in the limit of any probable warranty granted by sub-supplier.

12. Force majeure
The delivery term will be extended for a period equivalent to period of difficulties, at occurring of causes not depending from MISCO wishes, such as fire, wars (even if not officially stated), general mobilization, revolt, arrests, restriction for energy use, transport disturbance, any kind of strikes, lock-out, stop of production and defects or delays on delivery from suppliers, and other difficulties independent from wishes of parties which make temporary impossible and/or excessively expensive the delivery.
MISCO, knew the difficulty, will inform the customer within a reasonable term about the difficulty and probable effects on the delivery as well as the end of difficulty.
Under no circumstances, at occurring of these events which delay or make definitely impossible the delivery, the customer may demand remunerations, refunds or damages of any nature to MISCO.

13. Responsibility for delayed delivery
If MISCO deliver the goods with delay in comparison with agreed term, nothing can be requested as refund by customer, because such date is only as merely indication and only in the interest of MISCO as per previous points.

14. Defects notification and responsibility limit
The customer, due to forfeiture, must notify the defect and/or fault of product to MISCO within seven days since delivery, or within ten days since discovery, or when he could find out through an accurate examination and test of products, in case of hidden defects by specifying in any case the type by writing.
Under no circumstances, the notification of defect or fault can be made after the expiry of warranty terms as per point 10 or those other agreed between parties.
The warranty referring to this article includes and replaces the warranties and liability required by law and excludes any responsibility of MISCO generated by supplied goods; particularly the customer cannot request any damage refund, price reduction or termination of contract, by releasing MISCO of any liability for indirect damages.
Once warranty period elapsed, no claim can be done against MISCO.
The responsibility of MISCO is limited to a serious wrong and/or fraud and it concerns only to damages of delivered products or supplied service, by excluding any damage for accident to person, damage to products not related to the contract, profit loss or any other damage occurring in any way.

15. Withdrawal and termination of contract
MISCO can, at is discretion and without any justification, with a simple seven days advanced written communication, terminates the contract or single order or suspends without any obligation of refund or indemnity.
This contract may be terminated by customer only in case of serious default caused by MISCO.
The customer will inform the default to MISCO by e.mail at michele@miscona.it or registered letter with return receipt and the intention to terminate the contract, specifying the object of violation and, in case such violation will not be rectified within following 30 days, the customer has the right to terminate the contract by additional communication to MISCO by another e.mail or registered letter with return receipt.

16. Language
If the contract is written in many languages, the Italian language shall prevail.

17. Applicable law
The contract, as well as all relations between parties, are regulated by Italian law.

18. Resolution of disputes
Each and any dispute which may raise concerning the validity, interpretation and/or execution of contract will be submitted, after one of a party request, to a settlement committee, consisted by a representative of each party, and appointed to solve the dispute on behalf of the parties and with scope to reach a friendly resolution.
In case the committee will not solve the dispute within thirty days since the date of appointment of all representatives, it will be wrote a report where are specified the reasons of missed agreement and transmitted to the parties.
The court of Naples (Italy) is competent, exclusively, concerning any dispute raising from this contract ore related to it.
As regardless the previous paragraph, MISCO has the right to summon, even as caution or urgent, in front of competent judicial authority where buyer is located with registered office or headquarter.

19. Miscellaneous
The probable termination of one or more clauses of contract will not extend the effects to other clauses, neither to whole contract.
The parties will provide substitution of, if possible, the null clauses with other valid agreement with similar or equivalent content.
The contract cannot be handed over without written authorization of MISCO.