The provision of services and the sale of products on the part of Carloni Srl (hereinafter “CARLONI” located in Bastia Umbra, Viale Europa, 19/21) is governed by the following terms and conditions and the technical appendix. Make any changes or notifications during the delivery.
Art. 1: RATES AND DISCOUNTS. Services for reprocessing are due at the time of the order obtained price lists minus any discounts.
Art. 2: ORDERS. All started by CARLONI offers are not binding and are subject to availability. All orders and contracts must be approved definitely by the management. All orders are subject to potential events of Force Majeure, and all responsibility is rejected from the outset, when unforeseen events make the execution of the order fully or partially impossible. Administrative deviations authorize CARLONI to adjust any orders, but without any liability or responsibility for damages arising from the non-fulfillment of the order represent.
Art. 3: DELIVERY. The goods are delivered at the risk of the client. In any case, the shipping agents can be determined solely by CARLONI. The delivery date is understoodto be approximate and not binding under any circumstances.
Art. 4: PAYMENT. All deliveries are independent of the forwarding agent and, notwithstanding any other agreed means of payment when ordering, to settle the legal seat of CARLONI by cash. The adoption of other means of payment does not represent a novelty of the above cash and no change in the jurisdiction clause. The possible adoption of CARLONI of transmitted change, do not constitute a modification of the place for payment, which remains the legal seat of CARLONI. The lack of payment for a delivery within the agreed deadlines can entitle CARLONI to default interest in the amount of of Art. 5 of Legislative Decree 09/10/2002 n.231 to intervene, unless the parties have agreed otherwise. In those cases in which the deliveries are to be paid to predicted periods, the customer forfeit the rights for a missed deadline, and the entire remaining debt is fully and immediately due without the necessary prior notice.
Art. 5: PERSONAL DATA – INFORMATION PURSUANT TO ART. 13 Legislative Decree N. 196/2003. The information provided by the customer‘s personal data will be used exclusively for the conduct of the contractual and legal liabilities. The data is processed in close connection with the execution with manual, electronic and / or telematic tools by the data controller person. The data will not be disseminated.
Art. 6. AWARENESS AND ACCEPTANCE. Each direct or indirect relationship with the reprocessing companies requires complete knowledge and acceptance of the herein described “General Sales Conditions” and the “NOTES TO THE GENERAL CONDITIONS OF SALE”.
Art. 7: JURISDICTION. For any dispute the place of jurisdiction in Perugia is set, at which the parties choose their legal domicile.
TECHNICAL ANNEX TO THE GENERAL CONDITIONS OF SALE
Art. 1. ACCEPTANCE AND PREVIOUS SELECTION. All carcasses are subjected, prior to reprocessing, to a careful study on the part of CARLONI technicians who examine, with the help of adequate tools, the suitability for reprocessing with respect to the technical acceptance criteria according to internal processes of CARLONI (hereinafter INTERNAL PROCESSES). The used tires, which are assessed according to internal processes.
Art. 2. DEFECTS DURING PROCESSING. In the cases where such defects occur during processing at the carcass, so that these be assessed as unfit for processing by the internal processes, CARLONI will interrupt the processing and will refund the carcass to the customer in whatever state the tire is in,without which the customer can not claim any compensation.
art. 3. DOWNGRADE TIRE. If it becomes clear during the pre-selection or during the subsequent processing processes that the recycled tire skeleton can not be used under the same conditions as the original tires, but the used tires can still be processed by the internal processes, then CARLONI, in alternative to Articles 2 and 3, the same demote tires, provided that such approval was obtained from the customer. If approved, the customer undertakes expressly to use the recycled tires in compliance with the new limits. In the event of a downgrade, CARLONI removes all markings from the original tires (load code and / or speed code, and indelibly places new labels with appropriate limit values on the processed used tires.
art. 4. COMPLAINTS. Any complaint regarding the quality, nature and condition of the goods must be carried out by the client to CARLONI within eight days from receipt of goods. If there are hidden defects, the notification requirement of eight days shall be forfeited from its collection. The customer may complain to the court that there are no quality defects in the goods or perceived failure thereof, unless he has previously paid the corresponding amount. Claims relating to tires which were used improperly in terms of the speed indicator, load code, functional properties of the tire tread and limitations for use in accordance with Art. 3, are not possible. CARLONI reserves the right to carry out all technical tests on the claimed goods, to comment on the objectionable defects with complete expertise.
Art. 5. DEFECTS OR DAMAGE DURING USE. The defects or damage occurring in remanufactured tire during its use, provided that they are attach a defective processing, allow a proportional compensation in proportion to the depth of the tire tread at the time of the complaint, both in terms of the recycling of used tires by the customer, as well as the complete processing of used tires. The assignment of defects or damage due to the processing remains definitely and exclusively at the discretion of CARLONI. For example, the following errors are typically not processing defects: cracks on the tires stand; Detachment of previously existing material; Swelling or bloating; Demolition of the ends. Such damage therefore exempt CARLONI of any responsibility.
Art. 6. TOLERANCE. It is the tolerances which are anticipated by the UNI 9950 standards in relation to the tire and the terms LTH AIRP 100 with respect to the properties of the materials that are used for recycling, in any case allowed.
Art. 7. WARRANTY AND LIABILITY. In accordance with Article 1478 and 1488 of the Civil Code and its legal effect, the warranty is 6 in remanufactured tires on the cases mentioned in earlier in Art. Limited. CARLONI can be no responsibility for direct or indirect damages to persons or property that may be caused by damage to or rupture or deterioration of any kind of recycled tires attributed.
Art. 9. USE AND MAINTENANCE Not unlike new tires from production, the customer agrees also with recycled tires to:
- storing the tires processed by CAROLONI fully and exclusively by the technical standards so that they receive during their storage and their movement, no change and / or damage;
- accomplish no complete or even incomplete changes, deletions or other acts that make aufscheinende brand, the numbers and symbols on the recycled of tires CARLONI illegible;
- strictly observe the specified by the vehicle manufacturer to be used arrays of size of wheels and tires, inner tubes and tires;
- apply the highest attention by the unforeseen technical rules during the assembly and dismantling of tires, observed when filling the air up to the prescribed air pressure by the manufacturer of the vehicle in relation to the various applications in operation, are;
- respect all regulations regarding the speed code and load index, which are mounted on the outside of the tire, and observe all regulations and recommendations of national and international authorities with respect to the use and maintenance are observed.
The non-compliance by the customer of the obligations listed in this article is expressly recognized by the parties as a serious non-compliance and empowered CARLONI to terminate the contract due to the fault of the customer pursuant to Article 1456 of the Civil Code and the related effect, subject to any Damage claims which may require CARLONI.