The Customer must forward to SME LIFTING S.r.l. specific Orders containing the description of the Products, the quantity requested, the price and the terms required for delivery via the website www.smelifting.it , or by sending emails to [email protected] , fax no. 0331833783 or telephone no.+39 03 31 831169. For each of the products, a description containing the main characteristics of the same is available on the site. All information supporting the purchase is to be considered as simple generic information material. It is understood that the image accompanying the description of the product may not be perfectly representative of its characteristics, but may differ in color, size, accessory products shown in the figure. The Sale shall be considered concluded: (i) when the Customer receives from SME LIFTING S.r.l. a written confirmation (this confirmation may be sent via e-mail, fax or electronic means) in compliance with the terms and conditions of the Order (ii) or, in the event that the Customer receives from SME LIFTING S.r.l. a written confirmation containing terms that differ from those contained in the Order, after two working days from the date of receipt of the confirmation containing different terms without SME LIFTING S.r.l. receiving a written objection from the Customer in the aforementioned period; (iii) or, in the absence of written confirmation from SME LIFTING S.r.l., at the time the Products are delivered to the Customer. Orders regularly accepted by SME LIFTING S.r.l. may not be cancelled by the Customer without the written consent of SME LIFTING S.r.l.

The prices of the Products will be those indicated in the SME LIFTING S.r.l. price list in force at the time the Order is placed by the Customer or, if the Product is not included in the price list or the price list is not available, those indicated in the Order and confirmed in writing by SME LIFTING S.r.l. at the time of acceptance of the Order. Unless otherwise agreed in writing between the parties, the aforementioned prices will be calculated ex-works, net of VAT and discounts. Such prices do not include the costs of packaging, shipping and transport from the premises of SME LIFTING S.r.l. to those of the Customer. Such costs must be borne separately by the Customer. SME LIFTING S.r.l. will retain ownership of the Products until full payment of the price thereof. The Customer shall perform all the formalities required by local laws in order to make this retention of title clause valid and enforceable towards all third parties, including by registering it in any appropriate register, where locally required. SME LIFTING S.r.l. reserves the right to unilaterally modify, without notice and with immediate effect, the prices shown in the price list in cases where the adjustment is due to circumstances that are beyond the control of SME LIFTING S.r.l. (for example: an increase in the price of raw materials and labor costs or changes in exchange rates). In all other cases, the modification will be communicated to the Customer and will take effect on all Orders received by SME LIFTING S.r.l. starting from the thirtieth day following the date on which the modifications were notified to the Customer.

Except as may be otherwise agreed in writing between the parties, SME LIFTING S.r.l. will deliver the products ex works at its own premises, as this term is defined in the INCOTERMS 2010 published by the International Chamber of Commerce in their most updated version, in force at the time of delivery. If requested, SME LIFTING S.r.l. will take care of the transport of the Products at the risk, cost and expense of the Customer. Delivery must take place within the term indicated in the Order as accepted in the order confirmation or, if the term has not been indicated in the Order, within the term of 60 days starting from the first working day following the confirmation of the individual Order. The delivery terms are indicative and are not essential terms pursuant to art. 1457 of the Civil Code and, in any case, do not include transport times. Except as provided in the previous point, SME LIFTING S.r.l. will not be held responsible for delays or failure to deliver attributable to circumstances beyond its control, such as, by way of example and without limitation:

1. inadequate technical data or inaccuracies or delays by the Customer in transmitting to SME LIFTING S.r.l. information or data necessary for the shipment of the Products;
2. difficulties in obtaining supplies of raw materials;
3. problems related to production or order planning;
4. partial or total strikes, power failures, natural disasters, measures imposed by public authorities, difficulties in transport, force majeure, riots, terrorist attacks and all other causes of force majeure;
5. delays by the forwarder.

The occurrence of any of the events listed above will not entitle the Customer to request compensation for any damages or indemnities of any kind.

Except as may be otherwise agreed in writing between the parties, transportation will always be at the expense and risk of the Customer. In the event that SME LIFTING S.r.l. is asked to take care of the transportation of the Products, SME LIFTING S.r.l. will choose the means of transportation it deems most appropriate in the absence of specific instructions from the Customer.

Unless otherwise agreed in writing between the parties, SME LIFTING S.r.l., at its discretion, will issue invoices upon acceptance of the Order or delivery of the Products. Payments for “new Customers” must be made in Euros in advance or upon delivery. Payments for “historical Customers” must be made in Euros and within 30 days from the last day of the month in which the invoice was issued or within the terms agreed in the order and confirmed by SME LIFTING S.r.l.. Failure to pay within the agreed time will entitle SME LIFTING S.r.l. to request the Customer to pay the overdue interest at the rate established by Legislative Decree no. 231/02. Failure to pay or delays in payments exceeding 30 days will give SME LIFTING S.r.l. the right to suspend delivery of the Products and terminate each individual Sale signed. Suspension of delivery of the Products or termination of Sales will not give the Customer the right to claim any compensation for damages. Any complaint relating to the Products and/or their delivery may in no case justify suspension or delay in payment.

Any discrepancy between the Products delivered to the Customer and the type and quantity indicated in the Order must be reported in writing to SME LIFTING S.r.l. within five days of the delivery date. If the report is not communicated within the aforementioned deadline, the Products delivered will be considered as compliant with those ordered by the Customer.

Unless otherwise agreed in writing between the parties, SME LIFTING S.r.l. guarantees that the Products are free from faults/defects (with the exception of those parts of the Products that are not produced by SME LIFTING S.r.l.) for a period of one year starting from the date of delivery of the same to the Customer. The guarantee will not apply to those Products whose defects are due to (i) damage caused during transport; (ii) negligent or improper use of the same; (iii) failure to comply with the instructions of SME LIFTING S.r.l. relating to the operation, maintenance and conservation of the Products; (iv) repairs or modifications made by the Customer or by third parties without the prior written authorisation of SME LIFTING S.r.l.. Provided that the Customer’s complaint is covered by the guarantee and notified within the terms set out in this article, SME LIFTING S.r.l. will undertake, at its discretion, to replace or repair each Product or parts thereof that present faults or defects. The Customer must report in writing to SME LIFTING S.r.l. the presence of faults or defects within 8 days of delivery of the Products if they are obvious faults or defects, or, within 8 days of discovery in the case of hidden faults or defects or not detectable by a person of average diligence. The Products subject to the report must be immediately sent to the operational headquarters of SME LIFTING S.r.l., or to any other place that the latter will indicate from time to time, at the Customer’s cost and expense unless otherwise agreed between the parties, in order to allow SME LIFTING S.r.l. to carry out the necessary checks. The warranty does not cover damage and/or defects of the Products resulting from anomalies caused by, or connected to, parts assembled/added directly by the Customer or the end consumer. In any case, the Customer will not be able to assert the warranty rights against SME LIFTING S.r.l. if the price of the Products has not been paid under the conditions and within the terms agreed, even if the failure to pay the price under the conditions and within the terms agreed refers to Products other than those for which the Customer intends to assert the warranty. SME LIFTING S.r.l. does not recognize any guarantee regarding the conformity of the Products to the rules and regulations of countries that are not included or do not belong to the European Union. No other guarantee, expressed or implicit, such as, by way of example, the guarantee of proper functioning or suitability for a specific purpose, is granted with reference to the Products. Without prejudice to the above and except in the case of willful misconduct or gross negligence, SME LIFTING S.r.l. will not be liable for any damage arising from and/or connected to defects in the Products. In any case, SME LIFTING S.r.l. shall not be held liable for indirect or consequential damages of any nature such as, by way of example, losses resulting from the Customer’s inactivity or loss of earnings. In the event that an identical defect in a Product occurs repeatedly and is attributable to the same cause during the period of 12 months from delivery of the Products to the end customer and, in any case, no later than 24 months from delivery to the Customer, SME LIFTING S.r.l. will reimburse, within the limits set out in the following point, all direct damages borne by the Customer and appropriately documented in relation to a campaign to recall the defective Products from the market, and any other additional costs relating to the repair and replacement of the Products, provided that the Customer has reasonably undertaken to limit the losses that SME LIFTING S.r.l. could have suffered. The Customer will follow the instructions of SME LIFTING S.r.l. for the recall of the Products from the market. In any case, the Customer’s right to compensation for damages will be limited to a maximum amount equal to the value of the Products that present defects or faults.

The Intellectual Property Rights are the full and exclusive property of SME LIFTING S.r.l. and their communication or use within the scope of these Conditions of Sale does not create, in relation to them, any right or claim by the Customer. The Customer undertakes not to perform any act incompatible with the ownership of the Intellectual Property Rights. The Customer declares that: (i) SME LIFTING S.r.l. is the exclusive owner of the Trademarks; (ii) will refrain from using and registering trademarks that are similar and/or confusingly similar to the Trademarks; (iii) will use the Trademarks exclusively in compliance with the instructions of SME LIFTING S.r.l. and exclusively for the purposes set out in these Conditions of Sale.

SME LIFTING S.r.l. shall have the right to terminate, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, at any time by means of written communication to be sent to the Customer, the individual Sale in the event of non-fulfilment of the obligations set forth in the articles: 3 (Price of the Products); 6 (Payments); 9 (Intellectual Property Rights).

SME LIFTING S.r.l. shall have the right to suspend the fulfillment of the obligations arising from the Sale of the products, pursuant to art. 1461 of the Italian Civil Code, in the event that the financial conditions of the Customer become such as to seriously jeopardize the achievement of the consideration unless an appropriate guarantee is provided.

Legal domicile, applicable law and jurisdiction. SME LIFTING S.r.l. is legally domiciled at its main office. The Conditions of Sale and each individual Sale will be governed by and construed in accordance with Italian law with the exclusion of the 1980 Vienna Convention on contracts for the international sale of goods. All disputes arising from or connected to these Conditions of Sale and/or each Sale will be subject to the exclusive jurisdiction of the Court of Como. Except as agreed in the previous point, SME LIFTING S.r.l. reserves the right, when promoting a legal action as plaintiff, to promote such action in the place of residence of the Customer, in Italy or abroad.

SUBJECT: information and request for consent pursuant to and for the purposes of articles 13, 23 and 26 of Legislative Decree 30.6.2003 n. 196, relating to the protection of the processing of personal data. SME LIFTING S.r.l. informs you pursuant to and for the purposes of art. 13 of Legislative Decree 196/2003 that:

1. the aforementioned Legislative Decree provides for a series of obligations for those who carry out “processing” (i.e. collection, recording, processing, storage, communication, dissemination, etc.) of personal data relating to other subjects, prescribing the duty to inform the interested parties of the rights that the law recognizes them and of the characteristics of the data processing;
2. the processing of your personal data that will be requested from you and that you will communicate to us will be carried out at the premises of SME LIFTING S.r.l.con sede in Via Maestri del Lavoro, 6 – 22070 Carbonate (CO) , in compliance with the principles of necessity and relevance with the use of computerized procedures, for legal and fiscal obligations for the execution of contractual obligations;
3. the data controller is the company SME LIFTING S.r.l. The data controller is domiciled for the purposes of the law at the headquarters of the same company. During such processing, the controller and the related appointees may become aware of the data that will be processed in compliance with the obligations deriving from the privacy regulations and according to principles of correctness;
4. the processing will be carried out with manual and automated systems designed to store, manage and transmit the data themselves, with logic strictly related to the purposes of the processing, on the basis of the data in our possession and with your commitment to promptly communicate any corrections, additions and/or updates;
5. excluding communications and disclosures made in compliance with legal and contractual obligations, the data provided to the undersigned will be used solely for legal compliance;
6. the nature of the provision is to be considered strictly necessary in relation to the purpose of the aforementioned treatments. The provision by you of the aforementioned data is essential for the exact fulfillment of the activities listed above;
7. any refusal will make it impossible to correctly fulfill contractual and legal obligations, compromising the continuation of the relationship established between the parties;
8. at any time you may exercise your rights towards the data controller, pursuant to art. 7 of Legislative Decree 196/03, in particular:

• know whether or not personal data concerning you exists and their communication in an intelligible form;
• be informed about the owner, the purposes and methods of processing and about any person responsible, and about the subjects or categories of subjects to whom the personal data may be communicated;
• obtain the updating, rectification or integration of data;
• obtain the cancellation, transformation into anonymous form or blocking of the same;
• oppose for legitimate reasons the processing of data, except for the limits established by law;
• oppose the sending of advertising material or for carrying out market research or commercial communications.

The full text of art. 7 of Legislative Decree 196/2003 regarding the rights of the interested party is available on the website of the Guarantor www.garanteprivacy.it. For any communication regarding privacy, the Customer can contact us by writing to: [email protected].