General terms and conditions of sale

1. Website ownership/seller’s details: REPA Italia s.r.l. a socio unico (below simply called “REPA Italia”) with registered headquarters in via Voltri 80, 47522 Cesena, P.I. 00958880403, Registration to the Registro Imprese di Forlì-Cesena n. 192897, International Chamber of Commerce of Forlì-Cesena Reg. 016904, is the owner of the websites www.lfspareparts724.com, www.lfricambi724.it (referred to below simply as “Websites”) and of all the domains connected to them with the purpose of remote sale via the internet of products (below simply called “online sale”). E-mail address: [email protected] 

2. Applicable law: the sale agreement stipulated between the Customer and REPA Italia will be regulated and interpreted in compliance with the Italian Law for the sale to “non-consumer” Customers according to the “Country of origin”, where the seller is based.

3. Acceptance of the general conditions of sale: when the Customer places an order according to the methods and procedures shown in the Websites, he simultaneously confirms his viewing and understanding of the general conditions of sale, the payment and the delivery hereafter listed as well as his unconditional acceptance thereof. These conditions are integral part of the sale agreement between the Customer and REPA Italia. Therefore, REPA Italia requests you to read them carefully, print them or, in any case, keep a copy. REPA Italia will not consider binding any condition other than what previously agreed in written form. The conditions of sale will remain in force until they are changed by the supplier. Any change will become valid when it is published on REPA Italia website in the various countries and will refer to the sales made from that moment on.

4. Payment: the payment of purchased items may be performed, depending on each market, by means of a bank transfer, credit card, PayPal, bank order or cash upon delivery - with a service surcharge (2% of the overall invoice, minimum € 5.00 VAT included/excluded) and payment to the courier upon delivery in cash or with a cheque made payable to the courier. In any case, the method of payment has to be agreed with the Customer’s sales department.

5. Prices: All price lists, discounts and offers are agreed with the Customer’s reference sales department. Prices indicated in offers and price lists are not binding and may be subject to changes without notice. Prices do not include packing, transport, VAT and other related charges. All the expenses for the issuing and the collection of bank fees and cash orders are charged to the Customer.

6. Transport costs and minimum order: transport costs and any charges related to a minimum order are charged to the invoice and as according to the agreement with the reference sales department. Any unprocessed order part will be handled as according to the arrangements with the Customer.

7. First delivery conditions: new Customers are requested to place a minimum order, whose amount and payment method have to be agreed with the relevant sales department. This applies for the first order and until a commercial relationship has been established.

8. Delivery conditions: goods are sold ex REPA Italia warehouse. Therefore, the delivery task is considered fulfilled when the courier receives the goods. Goods always travel at Customer’s risk and danger, even when transport has been prepaid. Purchased items are delivered by a courier chosen by the Customer. The delivery deadline shown on the order is approximate and does not imply a commitment by REPA Italia. Any delay in the delivery of items does not entitle the Customer to cancel the order or compensation for penalty or damages. No deliveries are made to post office boxes. Upon goods delivery by the courier, the Customer must check that the number of packages is the same as the one shown in the shipping documents and that the package is unaltered and has not been damaged. Any damage to packages and/or goods or missing packages must be communicated immediately in written format by the Customer on the delivery document of the courier and reported to REPA Italia within eight days from delivery. If the Customer fails to do so, REPA Italia will not be liable for transport damage. REPA Italia is liable for theft and transport damage only when the forwarder is chosen by REPA Italia and until his assignment has been terminated. In case of theft or loss, REPA Italia pledges to send back the goods to the Customer in their entire value, jointly with the courier’s statement.

9. Liability exclusion: REPA Italia is not liable for the characteristics and technical data found in its catalogues and price lists nor is it responsible for possible changes made by individual manufacturers. REPA Italia allows no civil liability for damage caused to third parties, that might have been caused by negligence, carelessness or incompetence in the installation phase of the material.

10. Liability exclusion for force majeure: REPA Italia does not accept liability for poor service caused by force majeure such as accidents, fires, strikes and/or lockouts, earthquakes, floods or similar events that totally or partially hinder the fulfillment of the agreement within the established timing. REPA Italia will not be responsible towards any party for damage, loss and costs met because of the failed fulfillment of the agreement due to the above causes, since the Customer is entitled to the refund of the amount paid.

11. Industrial property rights: information, logos, graphical elements, sounds, images, trademarks (registered and unregistered) and any intellectual work, distinctive sign or name, written text and, more generally, any other intangible goods protected by laws and international conventions concerning intellectual and industrial property featured on REPA Italia website are REPA Italia property or conceded to it for use by third party owners. However, neither access to the website or sale agreements grant the Customer rights on the above. Any use, even partial, of the above is forbidden, without prior written authorization by REPA Italia and/or its assignors, to whom all relevant rights are exclusively reserved.

12. Warranty: REPA Italia acts exclusively as wholesaler of material produced by third parties. Therefore is does not take any responsibility for possible defects.

Any claim or dispute must be addressed to REPA Italia by letter or fax within eight days from receipt of goods, the loss of all rights as penalty, to the following address:

REPA Italia s.r.l. a socio unico
Via Voltri 80
47522 Cesena (FC)
ITALY
Tel. +39 (0)547 34 11 11 - Fax +39 (0)547 34 11 10
e-mail: [email protected]

In no case are disputes entitled to payment suspension.

13. Court of jurisdiction: the sale agreement between REPA Italia and the Customer is understood as concluded in Italy and subject to Italian Law. (Principle of the country of Origin and internal Market). Any dispute regarding the interpretation and implementation of the contracts made according to these General Conditions, which does not reach a peaceful resolution, will be subject to the decision of the Judiciary Authority of the Court where REPA Italia has its headquarters.