Terms of Sales

These General Conditions are applied to all sales of the Product between KDiesel Srl (Seller) and the Buyer and prevail over any purchase conditions established by the Buyer and constitute an essential part of the purchase contract. Where a commercial agreement and/or individual sales contracts for the Product is already in force between the parties, these Conditions of Sale constitute an addition to all previous agreements and/or individual sales contracts for the Product between KDiesel and the Buyer. Any amendment or modification to these General Conditions of Sale will be valid and effective between the Parties only if drawn up in writing and signed by KDiesel. These general conditions concern all contracts and all orders executed even if not expressly confirmed by the Buyer, including orders awarded as “open orders” or “on schedule”. The acceptance of the Product by the Buyer will also be considered as acceptance of the general conditions of supply shown here.

All prices are stated in EURO net of all incidental costs as well as net of any taxes, fees or disbursements. Any price updates are communicated upon confirmation of the order. The transport is “Ex works” (EXW).

The goods travel exclusively at the expense and risk of the Buyer and any complaints must be addressed to the Freight Forwarder who took charge of the goods and this as the delivery is intended to be made by the Seller on the day and time the load will be made on the vehicle used by the carrier or shipper. If the transport is handled by KDiesel , this information will be indicated on the order confirmation and related invoice. In this case, no complaints about the quality and/or integrity of the product and packaging will be accepted if the delivery document is not signed with reserve.

Payment is agreed with the Buyer when ordering and will be indicated on the purchase order and invoice. Payment cannot be suspended even in the event of complaints about the goods. Failure to pay at the agreed deadline causes bank interest at the current rate increased by 2% to run in favor of Kdiesel.

The Seller will not be required to grant any discount in the event of early payment of the Product. The Seller is authorized to issue an interest invoice and to send it to the Buyer and the invoice will be burdened by the costs that the Seller will have incurred for said activity. In the event of an invoice for interest for late payment, the Supplier may charge all payments subsequently made by the Buyer to the balance of the invoice for interest and expenses and only for the remainder to pay for the Product supplied. The Seller reserves the right to suspend, sine die, the delivery of the Product in case of non-payment of the supplies. Any change or event that could objectively make the Buyer’s solvency doubtful or his willingness to pay for the supplied Product may be considered a reason for the Seller’s suspension of the supply of the Product. Upon receipt by the Buyer of the written communication by the Seller of suspension for the aforementioned reasons, the debts payable by the Buyer will be considered immediately past due and the sums all payable and this in derogation to what is otherwise agreed between the Parties.

The goods remain the property of KDiesel until it has been paid to its full price. The retention of title does not affect in any way the transfer of the risks and liability for the transportation and storage of the Product itself. Until full payment of the Product, the Buyer will be considered as a simple owner of the Product and consequently must keep it in perfect condition, as required by article 1768 of the Italian Civil Code.

 

KDiesel does not assume responsibility for the delivery term which are given as an estimate only. In case of delayed shipment of more than 90 days, the Buyer can cancel the order by written information. No compensation or indemnity will be due by the Seller both, in case of cancellation of the order or in case of impossibility of supply due to force majeure or in any case independent of the Will of the Seller itself and in case of non-cancellation by the Buyer of the contract, a once the above 90 days delay has been exceeded. In any case, even considering that the delivery date is to be considered of a non-essential nature, the times of the same will start from the farthest of the following dates: date of the order acknowledgment; date of acceptance by the Buyer, if required, of all materials, equipment and executive details; date of completion by the Buyer of all preliminary contractual or legal obligations (e.g., import licenses, authorizations, …)

Although KDiesel® spare parts, equipment and tools are not genuine they are interchangeable with these last ones. Manufacturer’s reference numbers are used only for indicative search purpose.

 

Any complaints about the goods must reach Seller in writing within 8 days of receipt of the goods by the Buyer, under penalty of forfeiture of any right and must contain the detailed list of defects or defects, the number of pieces on which they have been found, the methods by which the checks were carried out, the batch number and any useful element to allow the Seller the exact identification of the Product being disputed.

The return of the Products, which are the subject of a complaint, will not be accepted by KDiesel, unless previously authorized by it in writing by issuing a “Return Authorization” (MRR).

 The return form (MRR) can be downloaded and / or consulted on the appropriate page of your MySpace or must be requested by email at support@kdiesel.it .

The costs of the return will be anticipated by the Buyer and borne by them until the outcome of the verification on the defect or vice complained. If our technical inspection reveals defective details, our warranty is limited to the replacement of the same, without any compensation for any damage caused by them or production stoppages. The warranty is valid for one year from the delivery date. For the equipment, the warranty conditions are present in the product manual. If the seller does not find the presence of defects or defects complained of by the Buyer, the Product will be sent back at Buyer expense.

All the “Warranty Conditions” detailed are available on our website www.kdiesel.it / www.kdiesel.com.

The Buyer is entirely responsible for the failure to inform KDiesel Srl of the safety and protection of public health legislation in force in the country in which the Product is to be used. Any cost inherent in the compliance of the Product with the provisions of the legislation of the country in which it must be used will be borne exclusively by the Buyer.

In compliance with the regulations set by the Italian law n.196 / 2003, KDiesel Ltd informs that the Buyer’s data are processed and / or communicated to third parties (banks, external consultants, etc.) in compliance with the aforementioned legislation, for the execution of contracts.

For any controversy, the exclusive jurisdiction of the Court of Milan, Italy is expressly agreed. In the case of sale to foreign citizens or residents abroad, the parties expressly establish Italian law as the regulator of the relationship, also establishing Italian jurisdiction in the event of a dispute. The regulatory language of these Terms of Sale is Italian, despite any translation into another language. In the event of a discrepancy between the Italian text and the translated text, the Parties agree that the Italian text will prevail and that it will be the official document used to interpret these General Conditions.

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