CONDITIONS OF SALE
Valid from 01/01/2022 for Italian retailers
Disposizioni Generali
- The following terms and conditions (the "General Conditions of Sale") form an integral part of the contracts concluded between the Seller and the Buyer for the supply of the Seller's products (the "products")
- The General Conditions of Sale apply to all transactions concluded between the Seller and the Buyer without the need for an express recall or a specific agreement to that effect at the conclusion of each individual transaction. Any different condition or term applies only if confirmed in writing by the Seller
- The Seller reserves the right to modify, supplement or vary the General Conditions of Sale, attaching these changes to offers or any other correspondence sent in writing to the Buyer
- These General Conditions of Sale, identified by the code version 01 of 01/01/2022, are valid from the date of publication on the site lecont.com (03/01/2022) with unlimited duration, unless further amended and/or replaced
Offers and orders
- Orders must be sent by email to the appropriate commercial address commerciale@lecont.com
- Once the order has been received, the Sales Department of LeCont will send the order confirmation to the email address communicated on the form "Master data update", 2020 version
- The order will be considered taken in charge once the accounting officer has received the payment of the Order Confirmation. Payment shall constitute an element essential for the start of the order preparation process. The payment receipt must be sent expressly to the appropriate commercial email address commerciale@lecont.com
- During the "Request Offers" between the Seller and the Buyer, it is specified that the price per set (ie 4 tyres - 2 tyres. front and 2 tyres. rear)
offered does not include:
- VAT, duties, taxes
- Environmental grant
- Transport costs
- Collection costs
- Any after-sales services
- Any other services requested by the Buyer
All these items will be specifically specified, and are intended to be paid, during the issue by the Seller of the "Order Confirmation" and by However, before shipment by courier or collection by the Buyer at the Seller's warehouse.
Advance payment of orders
Orders are considered processed once the bank transfer account has been received on the bank details mentioned on the Order Confirmation. In the purpose of payment it is necessary that the buyer provides the number and date of the "Order Confirmation". The payment receipt must then be sent by email to commerciale@lecont.com.
Bulk boxes
Dimensions and weight of packages
Cardboard containing front tyres (12 or 16 depending on the size): 540x540x410mm, weight 13kg. Cardboard containing rear tyres (12 or 16 depending on the size): 840x560x410mm, weight 19kg.
Pallets
Environmental grant: 0,80€+VAT/tyre
Every time a tyre is placed on the national market, it is necessary to provide for the management of its end of life when it becomes waste. For this reason the Italian legislation has provided for the environmental grant, a small amount added to the invoice for the purchase of new tyres that will cover the costs for the start to recover the PFU. LeCont is associated with the consortium Greentire S.c.r.l. which collects the environmental grant collected from all its members and uses it to manage in the most efficient way the necessary logistic row to transform the PFU in resource, second a logic of circular economy. The environmental grant, where applicable, shall always be to be added compared to the prices of the tyres made by the Commercial Department of LeCont, unless otherwise agreed in writing between the Seller and the Buyer. The Buyer accepts from now on any changes in the environmental grant that may occur. The amount of the environmental contribution is set at: 0,80€+VAT/tyre. LeCont customers can request the free collection of their "PFU" used tyres by accessing the website: greentire.it. Reference legislation: Ministerial Decree 82 of 11 April 2011.
Payment of transport charges
If the customer does not have active agreements with a carrier, the Seller will manage the delivery with its own carriers/ carriers. The Seller, following a written request by the Buyer, will specify the shipping cost on the Order Confirmation that the Buyer will provide settle before the departure of the goods. In no case may the Seller be held responsible for delays in the delivery of tyres due to transport, unless they have been expressly agreed in writing before sending the "Order Confirmation".
Charge of the collection fee
In the event that the Buyer is granted payment by Bank Receipt, the Seller shall add in the invoice the cost of managing the collection. The current cost for Bank Receipt is fixed in 4,50€+VAT.
Charge for packaging - pallet
In case the shipment takes place on Europallet, the buyer will be charged the sum of€ 9.50 + VAT per single pallet used.
Delivery time
- Unless otherwise agreed in writing, any delivery period indicated is not binding on the Seller. Unless otherwise agreed between the Parties, the delivery time indicated is that specified in the order confirmation
- The Seller reserves the right to make reasonable partial deliveries
- Any liability for delivery arising from force majeure or other foreseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, provisions of the public administration, successive blockades of export or import opportunities, in view of their duration and scope, release the Seller from the obligation to respect any agreed delivery time
- The Seller is not obliged to accept returns of the products, unless it has been expressly agreed in writing. Any costs incurred for this purpose shall be borne of the Buyer
Duties of inspection and acceptance of products
- Upon taking over the products, the Buyer shall immediately.
- Verify the quantities and packaging of the products and record any objection in the delivery note
- Check the conformity of the products with what is indicated in the order confirmation and record any discrepancies in the delivery note
- In the event of a defect, the Buyer must comply with the following procedures and terms.
- The communication must be made within no more than 3 (three) working days from the date of taking of the products by the Buyer
- The detailed communication must be sent in writing to the Seller by email to the commercial address commerciale@lecont.com within the time limits indicated above. Any telephone communication is not accepted
- The notification must clearly specify the type and amount of defects alleged
- The purchaser agrees to make the disputed products available for inspection; such inspection will be carried out by the Seller or by a expert appointed by the Seller
- No dispute with regard to the quantity, quality, type and packaging of the products may be made except through the communication to the delivery note, in accordance with the above procedure
- Any Product for which no dispute has been raised in accordance with the above procedures and terms shall be considered approved and accepted by the Buyer
Warranty terms
- The Seller guarantees that the products are free from defects and comply with the technical specifications declared by the Seller
- The warranty applies only to products used in the environment and for applications consistent with the specifications declared by the Seller; any improper use is by be considered prohibited
- The warranty will not be valid if the problem or anomaly will be dependent on incorrect or unsuitable applications to the product, or if the same does not shall be in accordance with commissioning. Any modification or replacement of parts of the product not authorized by the Seller, relieves the manufacturer from Civil and criminal liability, however, making the warranty lapse. The warranty does not cover normal usures
Limitation of liability
- Except in cases of justified dispute raised in accordance with the provisions of paragraph 1 above, the Purchaser shall not be further right or remedy
- In particular, the Seller is not responsible for any compensation required for breach or breach of contract, for any direct damage or loss of profit borne by the Buyer as a result of use, non-use, except in the cases covered by the warranty indicated above or in the case of intent or gross negligence on the part of the Seller. The Seller assumes no responsibility for errors or omissions contained in its price lists or in its own promotional material
- The Seller will do all in its power peer deliver the products within any agreed terms, but in no case may be called to to be liable for damages directly or indirectly caused by the delayed performance of a contract or the delayed delivery of the products
- The catalogues, price lists or other promotional material of the Seller are only an indication of the type of products and prices and the the indications indicated therein are not binding on the Seller. The Seller assumes no responsibility for errors or omissions contained in its price lists prices or in your own promotional material
Right of withdrawal
If the Customer intends to dispute the adequacy of one of the items delivered, it is required to give written notice as specified in paragraph "Duty to Inspection and Acceptance of products"; Otherwise, this element shall be deemed to be accepted in full.
Retention of title
- The products supplied remain the full property of the Seller until the date on which the Buyer has not paid the full price of the same and all sums due to the Seller. Until such time, the Buyer retains the products as a trustee of the Seller and must keep them products properly stored, protected and insured
- In the event that in the Country in which the Buyer has its domicile for the validity of the reservation of ownership in favour of the Seller it is necessary to complete of administrative or legal formalities such as, without any limitation, the registration of the products in public registers, or the affixing to them of special seals, the Buyer undertakes from now on to cooperate with the Seller and to carry out all the necessary acts in order to obtain a valid right with regard to retention of title
Applicable law
These General Terms and Conditions of Sale and all contracts concluded are governed by Italian law.
Place of jurisdiction
Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Conditions of Sale and the related contracts will be assigned to the exclusive jurisdiction of the Court of Rovereto (TN).
Final provisions
- The invalidity of all or part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions
- These General Conditions of Sale are written in Italian
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Purchaser specifically approves the following provisions:
- Applicability of the general conditions of sale to all contracts
- Non-payment on time and subject to insolvency proceedings
- Prohibition of compensation, deductions or reductions
- Delivery time
- Duty of inspection and acceptance of products
- Limitation of liability
- Retention of title
- Applicable law
- Place of jurisdiction