Terms of Delivery
1. OBLIGATIONS OF THE COMPANY
- with the job assumption, the company is committed to offer its work using the diligence required by the nature of the business;
- the company must observe professional secrecy not disclosing facts or informations which came to their knowledge in relation to the job execution, neither making use of them both for their own interest and in that of others, taking care and ensuring that collaborators also maintain the same confidentiality.
2. OBLIGATIONS OF THE CUSTOMER
- the customer has the obligation to submit documentation in a timely manner necessary to carry out the work at the company’s headquarters;
- the customer must cooperate with the company for the purpose of the work execution allowing at the same time, access to and control over the data necessary for the accomplishment of the work;
- the customer must promptly inform the company about all communications in writing documentation and send to the address indicated in the contract or to the registered office of the addressee by registered letter with return receipt.
3. MORATORY INTEREST
In the event that fee payments, expenses and down payments are not made with respect to the agreed payment terms, a default rate will be charged in accordance with the law (to be increased by 7 points in reference to ECB).
4. EXPRESS TERMINATION CLAUSE
If the late payment of the amount due by the customer, according this letter of offer, has persisted for more than 60 days to the agreed deadline, the company, pursuant to art. 1456 (Italian civil code), has the right to terminate the contract by notifying the client, by registered letter with return receipt, its willingness to make use of this clause.
The company can withdraw from the contract for just cause. In this case the company has the right to all the reimbursement of expenses incurred and the compensation for the work done. The non-fulfillment of these obligations, referred to in point 2), constitute withdrawal just cause.
The right to withdraw from the contract must be exercised by the company so as not to detrimental to the customer sending a written communication, by registered letter with return receipt, and with a period of 30 days of advance notice.
The customer can withdraw from the contract at any time by revoking the mandate. In this case, the customer is oblige to reimburse the expenses incurred and to pay the fee due for the work already done, all increased by 10%.
6. ARBITRATION CLAUSE
Any dispute related to this contract and its interpretation and/or execution will be decided by an arbitrator as amiable compositeur, appointed at the request of the most diligent party by the President of the court of Brescia.
The arbitrator will decide irrevocably regulating the conducts of arbitration under the articles 816 et seq of the code of civil procedure.
7. ADDRESS FOR SERVICE
For the effects of this, the parties’ gives an address for service as indicated above.
Although not expressly provided by this letter of offer, reference should be made to the rules of civil code governing self-employment (art 2229 et seq), to the other regarding regulating, as well as professional order and ethics and to local customs.
9. COMPETENT COURT
Any dispute arising from this contract or in other words linked to this, will be subject exclusively to Italian jurisdiction and attributed exclusively to the territorial jurisdiction of the Court of Brescia.
10. PROTECTION OF PERSONAL DATA
The customer gives its consent to Elettro 2000 srl to the processing of its personal data, pursuant to art. 13 (Italian) Legislative Decree no. 196/2003.
11. RETENTION OF TITLE
This supply/service/consulting is subject to the requirements according to the retention of title, pursuant to art 1523 regulated under the civil code.
12. RESPONSIBILITY OF SUPPLIER/CONTRACTOR
The supplier/contractor and its subcontractors shall be liable for damages, only if they were caused by fraudulent or culpable acts (including omissions) of the same company, except for cases in which such responsibilities are under mandatory rule.
The supplier/contractor will not be held liable for loss of contacts or business, loss of data (including all costs for the recovery and reconstruction of lost data), loss of interest, loss of profits or business interruption and any direct and consequential damages regardless of the cause or the foundation on which the request is based.
The parties declare to have paid particular attention to the following clauses under Articles 1341 and 1342 of the (Italian) Civil Code et seq:
FEE and related PAYMENT as indicated above,
art. 2) “obligations of the customer”,
art 3) “moratory interest”,
art 4) “express termination clause”,
art 5) “withdrawal”,
art 11) “retention of title”,
art 12) “responsibility of the supplier/contractor”.