1. Acceptance

BLUTRONICS is a registered trademark managed by BOLT srl. The general conditions of sale and delivery of BOLT SRL. hereinafter referred to only as BLUTRONICS, as well as any special conditions, are deemed to be accepted by our Customers, even if they differ from their general or specific purchase conditions. The execution of the orders does not imply the acceptance of the general or particular conditions of purchase of our Customers. The latter commit us only if expressly accepted in writing. The proposers, collaborators, employees, relatives and in general the people who act in the name of our Clients represent them to all intents and purposes and we will implicitly consider them to be endowed with a mandate to commit our Clients to us

2. Prices

Except for particular contractual provisions, our offers and our price lists are purely indicative and do not bind us in any case. Our prices are subject to change without notice. They are ex our warehouse, excluding packaging costs and taxes. Shipping costs are charged to the customer.

3. Terms of Delivery

The delivery terms are given for indicative purposes only and are not mandatory. Unless agreed in writing, failure to immediately process the order cannot, under any circumstances, give the right to its cancellation and no compensation is due. Orders processed for more than a month are accepted subject to price checks as imposed on us by our suppliers or by circumstances beyond our control which would make delivery even more impossible or more expensive. In any case, the products will be invoiced under the conditions in force at the time of the delivery date regardless of the price and the conditions at which the confirmed orders were given. We reserve the right to partially fulfill the orders received, meaning each delivery made by sold. The buyer cannot, under any circumstances, refuse to receive the goods, and must always make the payment, subject to subsequently asserting his possible reasons (solve et repete).

4. Representation

Our brokers, agents, engineers and analysts have no power to bind the Company. Their offers must always be confirmed by BOLT SRL. We retain the right to cancel an order which has not been given such confirmation.

5. “Agreements”

Our products are always considered as sold, received and accepted in our warehouses. The products travel at the recipient’s risk and peril, even in the case of sale or “free” delivery. In the absence of precise instructions, the shipment will be made by the means deemed most appropriate and therefore this cannot give rise to complaints. The goods are not covered by insurance of any kind unless specifically requested and on behalf of the purchaser. Any acceptance reservations must be made to the carrier or carrier. The Customer undertakes to accept and collect the orders within 5 (five) days from the date on which he is aware of the availability of the products.

6. Complaints Returns

The customer is required to examine the goods received and to communicate in detail to BOLT SRL, within 8 (eight) days of delivery, any defects found – or verifiable – upon initial examination, or any other complaint 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 the provisions of the sales contract, without prejudice to the possibility, available within and no later than 1 (one) year from delivery, to denounce any non-apparent defects within 8 (eight) days of their discovery (in accordance with the provisions of article 1495 of the Civil Code). It is understood that the customer must refuse delivery by the carrier of damaged packages and must, in this regard, immediately inform BOLT SRL of the incident. All complaints concerning products delivered and sold must reach us within 8 (eight) days of receipt, referring to the delivery note or invoice number. After this term, the complaint can no longer be accepted. No returns will be accepted unless previously agreed in writing by us. The return will only be ascertained intact, in its original intact packaging. Any complaints relating to our invoices must be brought to our attention by registered letter sent within 10 (ten) days of receipt of the document. Otherwise, the invoices are understood to be accepted without any reservations. Claims cannot under any circumstances justify the delay or non-payment. Return shipping costs will be charged.

7. Warranties

We do not guarantee that the products supplied are suitable for the specific needs of the user’s activity. The warranty is valid for any material defects and is limited in any case to the simple repair or replacement of the defective components. All products or parts of them replaced by BOLT SRL will become the exclusive property of the same. The validity of the guarantee is subject to the exact use of the product as specified in the instructions made available to the user. BOLT SRL is not required to indemnify the user or third parties for the consequences deriving from the use of the software or hardware and for direct or indirect damages, accidents to people. Damage caused to goods other than our material, loss of profit, damage caused or to be caused by the deterioration or loss of data recorded by the user.

8. Contract

In the event of our liability for the non-execution or bad execution of the contract, the total of any compensation cannot exceed, by express agreement, an amount equal to 10% of the price of the product causing the damage.

9. Ownership

The software marketed by us remains the property of its inventor or manufacturer who exclusively grants a “user license”. The Customer may not, under any circumstances, transfer it to third parties, rent it, lend it or transfer it either for consideration or free of charge, as the product is covered by copyright. The Customer undertakes to maintain the mentions of ownership shown on the supports and user manuals and not to modify in any way the products sold by us. The software, rigorously applied, will keep all the manufacturer’s or inventor’s indications with good diligence, in particular, it will not be able to proceed with making unauthorized copies, or allow or encourage others to do so. Our Customers, intermediaries between us and the users, must include this paragraph of sale or a similar test in their conditions of sale. The risk for loss or damage to the products will be borne by the customer from the moment of delivery or from the moment in which delivery could not take place due to a fact attributable to the customer. The customer assumes the obligation to immediately return to BOLT SRL all products sent to him, but not yet owned by him, in the event that the customer fails to punctually pay any amount due to BOLT SRL. For this purpose, the customer will allow BOLT SRL, its employees and agents, to access its premises, for the sole purpose of proceeding with the collection of unpaid products. However, it is understood that the request and the actual return of the products will not affect BOLT SRL’s right to request full compensation for damages suffered as a result of the customer’s default.

10. Down payments

The advances paid by our customers refer to the price of the order placed. The deposit cannot in any case be considered a deposit and therefore the amount paid commits the customers to the regular execution of the contract.

11. Defaulting

Non-payment upon expiry of the invoice or debit note, as well as non-collection of Bank Receipts or non-availability of funds due to RID procedure or any other fact that determines the Customer’s insolvency, causes the cancellation of the terms agreed for the payment of the products delivered or to be delivered, making the credit immediately payable and the automatic blocking of orders still in place. Furthermore, we have the right to withdraw immediately from the existing contract without any indemnity and other formality than the simple notification by registered letter. The incomplete supply will in no case determine the non-payment of what was delivered and invoiced. We are entitled to issue partial invoices according to the consequences made. The payment of the invoices cannot in any case depend on the installation or commissioning of the equipment sold. We retain full and total ownership of the products and accessories sold until their total payment, expenses and taxes included, except in the case in which payment is made in cash, the price will not be considered paid until any check or other means of payment used by the customer is collected by BOLT SRL, or in any case honored in the terms referred to in the same. The Customer undertakes to immediately notify BOLT SRL in the event of a judicial proceeding or seizure and to communicate the name of the third party buyer without delay by registered letter. The Customer who fails to comply with payments authorizes BOLT SRL personnel to enter their premises without further notice to collect the unpaid products and accepts the costs required for this operation.

12. Terms of payment

All our invoices, debit notes and the like must be understood as paid in Caserta in cash, cashier’s check or bank draft. In case of late payment, interest on arrears at the rate of 7% per annum, plus bank charges, will start from the expiry date. A flat-rate indemnity is envisaged at a rate of 7% of the amount due, with a minimum of Euro 60.00 (sixty/00). This clause does not exclude the immediate collectability of the debt towards BOLT SRL. Any procedures aimed at recovering credit are reserved. In the event of withdrawal or cancellation of the contract by the Customer, a flat-rate indemnity amounting to 30% of the total price of the contract is due to BOLT SRL, except for higher requests if the amount of the damage exceeds 30%.

13. Solidarity

If the payment of the invoice or debit note is guaranteed by a third party, the customer and the assignee of the debt are jointly liable for the payment and for the execution of all the other commitments envisaged by this contract.

14. Jurisdiction

For any dispute Caserta competent court. For anything not expressly provided for in these general conditions of sale, reference is made to the Italian Civil Code.