436

437

GENERAL SALES AND TRANSPORT CONDITIONS

EN

Price List 24 EN / €

Prices VAT excluded

Sizes in cm

1. VALIDITY AND MODIFICATION RIGHT

1.1

Any agreement subscribed by TDA srl for the sale of the products

mentioned on the price list (hereinafter the “Products” and each of them

the “Product” ) to any consumer (hereinafter referred to as “Buyer”) will

be subject to the present general sales conditions.

1.2

TDA srl can amend the present general sales conditions as well as the

price list without notice.

2. PRODUCTS’ FEATURES

2.1

In each sales agreement between TDA srl and the Buyer, all information

concerning the Products shall be binding for both parties, except for

speci

fic written amendments.

2.2

Any technical information concerning the Products are indicative and

not binding. The Products are made of different materials: TDA srl can

make necessary improvements to the Products, keeping the basic

characteristics and packaging unchanged.

3. PRICE AND PAYMENT TERMS

3.1

The current pricelist will be applied at the moment of signature of the

Sales agreement. Prices are intended to be ex-works.

3.2

In case of unsolved payment, TDA srl will stop deliveries of

outstanding orders. The delivery time of the pending order will be

recalculated, starting from the payment date according to standard

timings expressed in this document. Payments for Products already

delivered will not be subject to completion of the order.

3.3

TDA srl has the right to calculate accruals on pending payments

according to EU Directives.

3.4

The agreed price, is valid until the delivery date as per order

con

firmation. If the delivery date is postponed, upon request of the

Buyer or for reasons not depending on TDA srl, TDA srl can charge

additional storage costs to the Buyer.

4. ORDER ACCEPTANCE

4.1

Orders will be considered valid only if made in writing.

4.2

Any Sales Agreement between TDA srl and the Buyer will be accepted

by TDA srl only in writing.

4.3

Order and/or amendments to orders shall be con

firmed by the buyer

in writing.

4.4

For orders value less than € 250,00 ( VAT excluded) TDA will charge

additional € 10,00 (excluding VAT) for transport costs.

4.5

TDA srl will decide upon feasibility of Customized Products and will

fix

prices and delivery terms.

4.6

Cancellation of special products orders will not be accepted.

5. PRODUCT COMPLIANCE

5.1

TDA srl warranty is 24 months valid according to the Eu Directives.

It covers manufacturing and compoments faults only. Claims must

be forwarded to TDA srl in writing and before installation, adding

purchasing documents, pictures etc.

5.2

TDA Srl warranty will cover the replacement of faulty elements.

TDA srl technical team will check the claimed damage before giving

authorization.

5.3

TDA srl warranty will not cover the following:

- if defect has reference to transport;

- tempered glass parts crashes installation is not performed properly

according to TDA srl instructions;

- if functioning defect is due to unautohrized technical intervention on

product;

- if defective functioning is due to normal usury, or to the purchaser

negligence or carelessness following product indication;

5.4

5.5

6.1

6.2

6.3

6.4

6.5

7.1

7.2

7.3

7.4

7.5

7.6

8.1

- if defect is due to the use of abrasive detergents or cleaning products

not suitable for glass, anodized, laquered or varnished surfaces;

- if defective functioning is due to “force majeur” reasons;

- purchaser manumission of the product.

TDA Srl declines any responsibility for possible damages caused by

bad installation or adjustments errors, incorrect use or no observance

of all prescriptions indicated in product enclosured documents.

TDA srl reserves the full right to technically and aesthetically modify

the Product at anytime and without previous notice, including changes

in volume and weight.

6. SHIPMENT AND PRODUCTS RETURN

Deliveries must be immediately inspected, in case of wrong items,

and/or shortages, and/or any defect, have ot be reported to the

forwarder which is the only responsible for it. It is in the right of the

receiver and the duty of the forwarder to control the delivery

(without opening the package). A formal making specific notification

on the delivery notes, the generic written sentence is not sufficient.

Hidden damage: if on delivery, the goods show obvious packaging

defects, they can be withdrawn, but the receiver is obliged to note

the defects on the PoD marking them with “subject to inspection”

and specifying the reasons, as stated in the current EU regulations.

The claim for damages has to be sent to TDA Srl in writing within 7

days from delivery.

Verified damage: in case of evident damage verified by the receiver

and the forwarder, the damage evidence must be duly marked on

PoD, indicating very clearly the quantiity and the damaged product

codes, checking if the damage is on the internal or external side.

A further copy of PoD must be sent to TDA srl customer service that

will arrange the possible replacement upon reception of the damaged

goods.

Unlike what is clearly speci

fied on the paragraphs 6.2 and 6.3,

TDA srl will not recognize any refund for the damage or breakage.

No item can be returned without TDA Srl written permission.

Authorized returns must be sent to our warehouse without charging

transport costs, using TDA srl courrier indicating the reference

number.

7. DELIVERY TERMS

The delivery date as per order confirmation is not binding unless

differently agreed by the Parties in writing.

Where TDA srl is not in the condition to ship punctually, TDA Srl shall

give notice to the Buyer, adding, if possible the new delivery date.

If TDA Srl delay exceeds 6 weeks, the Buyer can terminate the

commercial agreement, with 10 days written notice.

Any delay due to “force majeure” or unforseen events or incorrect

delivery information from the Buyer is not considered TDA srl

responsibility.

In case, for reasons independent from TDA Srl, shipment were not

possible, TDA Srl will inform the Buyer and will decline any

responsibility for the delay.

In any case, and except in case of contract termination, the

compensation for loss occurred for delays in deliveries due to TDA srl

responsibility will not exceed a maximum the amount equal to 5%

of the net value of the above order.

The payment of the above amount will not be followed by any

other reimboursement.

8. COMPLAINTS

It is agreed that any complaints or disputes concerning any part of

the delivered Products or a single shipment of Products, do not entitle

the Buyer to suspend or delay the payment of the order or of new orders.

9. JURISDICTION

9.1

Agreements between TDA Srl and the Buyer are ruled by Italian law,

13.1

with the exclusion of what required by the Wien Convention of 1980

on the international sale of goods.

9.2

For any dispute between the parties relating to sale or supply relations,

to their establishment, performance or termination,shall have as

exclusive jurisdiction the Court of Milan – Italy.

9.3

However, notwithstanding the provision above, TDA srl still has the

power to bring the dispute before the competent court at the site

13.2

of the Buyer.

10. WEEE CONTRIBUTION

10.1

The Prices do not include the WEEE contribution.

13.3

11. FORCE MAJEURE

11.1

Either party may suspend performance of its contractual obligations when

such performance is made impossible or unreasonably onerous by an

unforeseenable obstacle beyond its control, such as strike, boycotting,

lockouts,

fire, war (declared or not), power interruptions, delays in delivery

of components or materials.

11.2

The party wishing to make use of this clause must notify immediately

in writing to the other part the occurrence and cessation of the

circumstances of force majeure.

13.4

11.3

If the suspension due to force majeure lasts more than 6 weeks,

each party shall be entitled to terminate this contract, with 10 days

prior notice, to be noti

fied to the other party in writing.

12. INDUSTRIAL AND INTELLECTUAL PROPERTY

12.1

The Buyer acknowledges that the documents, drawings, logos, names,

data and information (both in paper form, either in electronic form)

13.5

are exclusive proprety of TDA srl and cannot be disclosed, altered,

modified, removed or erased in any way.

12.2

The Buyer agrees not to reproduce/disclose to third parties and to

restrict their use to the speci

fic Product purchased.

12.3

The Buyer shall have the limited right to use trademarks, names or

other distinguishing marks as well as any other industrial executive

right or manufacturing and commercial know-how associated with

the goods, which remains exclusive property of TDA Srl, to the sole

and limited purpose to utilize or resell the goods to the public.

Any other use of the TDA Srl intellectual property by the Buyer, unless

expressly, granted in writing by TDA Srl, will be considered an

infringement of the TDA Srl exclusive rights by the Buyer, aso in terms

of contractual liability and, as such, will be prosecuted.

13. NOTICE

Definition

The (EU) Regulation 679/2016 establishes that the interested party must

be informed in advance about the use of data concerning him and that

the processing of personal data shall be authorised only with the express

consent of the subject concerned, except in circumstances provided for

by law.

Data controller

The Data controller is TDA S.r.l. - via Circonvallazione, 1 – 25020,

San Gervasio Bresciano (BS) – Italia.

Tel. 030 9926311 - mail info@tda.it

Purposes of the processing

Personal data are processed as part of the normal activity of the company

TDA S.r.l. for purposes relating to:

. Fulfillment of tax or accounting obligations;

. Customer management (customer administration, contract

administration, orders and invoices, reservation management);

. Supplier management (supplier administration, contract administration,

orders, invoices, selection in relation to the company’s needs);

. Preparation of cost estimations, management and execution of

contracts.

Addresses and addresses’ categories to whom personal data can be

communicated.

The data can be transmitted to a company or external persons who carry

out instrumental activities strictly connected with the management of the

commercial relationship, such as:

. financial institutions and financial transaction companies;

. advisors and legal professionals, individual or associated.

Retention period

Personal data will be stored for a maximum duration of 10 years from the

last invoicing and/or until the conclusion of the contractual relationship

and beyond only for the fulfillment of fiscal and accounting obligations.

12.4

All catalogues, as well as samples and products’ price lists (excluding

those for illustrative and advertising purposes only) made available to

the Purchaser by the TDA Srl, must not be handed out, shown to third

parties, or reproduced without the TDA Srl prior written authorisation.

All materials must, on mere request, be returned to the TDA Srl.

13.7

12.5

The conformity of the product with the samples supplied to the

Purchaser both in the

first and in the next supplies may differ from the

product sold on the base of technical modi

fications as well as to the

physical substance of the sample (e.g. colours, materials, dimensions,

etc.) and caused by environmental factors (e.g. damp, exposure

to sunlight etc.).

13.6

Rights of the data subject

The data subject has the right to obtain from the Data Controller

confirmation that he is or is not undergoing treatment of personal

data concerning him; in this case he has the right to:

obtain access to personal data, request rectification, cancellation,

limitation or oppose their processing;

receive, in a structured, machine-readable and commonly used format,

personal data concerning him and to transmit such data to another Data

Controller (data portability);

be informed of the existence of an automated decision-making process,

including profiling;

revoke the consent at any time, without prejudice to the lawfulness of

the treatment based on the consent given prior to the revocation;

submit a complaint to the Supervisory Authority.

Nature of data and consequence of the failure to notify Without the

processing and communication of data of a compulsory nature for

the described purposes, the requested services and/or products, in

whole or in part, cannot be provided to the interested party.

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