Sales Conditions

Sales and Warranty Conditions

The terms of these General Conditions of Sale, highlighted in bold, have the meanings ascribed to them by the following article 11, "Definitions". This Contract is a remote contract and it relates to the B to B (Business to Business) sale of spare parts between the DIESEL LEVANTE SRL Company, with legal office in S.S. 96, km. 116 - 70026 - MODUGNO (BA) - Italy, registered with the Bari Companies Registry Office under Administrative Repertory No.: 284235, VAT No.: 03933890729, Company Capital € 56,810.00 fully paid out, and the professional and/or the legal entity X, (the "Customer").

The Contract is entered directly through the acceptance by the Company of a purchase proposal issued by the Customer by telephone, fax, e-mail or internet, as a result of having taken view of the availabilities in the catalogue presented on website www.dieselevante.eu and/or through other remote selling systems by Diesel Levante SRL, and therefore with this acceptance the Customer states to accept without any reservations these General Conditions of Sale.

These General Conditions of Sale, as provided by Diesel Levante SRL through this document are found on website www.dieselevante.biz and will remain valid and effective until they will be modified and/or supplemented by Diesel Levante SRL, which will promptly vary the formalization of this document. The latest updated version of the General Conditions of Sale will therefore always be that to be found on website www.dieselevante.biz
These General Conditions of Sale apply to all Products sold by the Company.
The Contract is executed through the communication by the Customer of all the data necessary for invoicing and shipping of the spare parts. The Customer, which has contacted by any whatsoever tool (telephone, fax, e-email, Internet) the Company and which has obtained the estimate, the availability and any other information on the product, based on the obtained indications, expresses on this occasion a purchase proposal by providing to the Company the necessary data for the registration of its name, the purchase order, the chosen method of payment and the address for shipping. Once provided the data necessary for invoicing and shipping, the proposal is deemed to have been accepted and the Company initiates the shipping process. 

The Customer will be fully liable for the information provided to the Company incorrectly or incompletely, which can cause errors in the processing of the order (in particular in the delivery). The Customer is also fully liable for the information provided on the product Code ordered and related quantities. Once provided the data for shipping and invoicing, the proposed purchase is processed in minimal time. For this reason, after two hours from the proposed purchase, the spare part is forwarded to the Customer. It is therefore quantified in two hours the maximum time for any cancellation of the order by the Customer. Once elapsed this period, the Contract is deemed as being finalized. After this period, explicit reference is made to the fact that the shipment cannot in any way be cancelled. Also, after this period, the spare part is deemed to be delivered and therefore it must always be withdrawn by the Customer, which, otherwise, it will pay a penalty equal to 20% of the order value not collected as compensation for the costs of non-collection, stock, and return to sender, and for any damages caused to the Company. 

The same 20% penalty is applied in the event of incorrect information provided to the Company on the product Code ordered and related quantities. In the specific case of online orders on the Company’s website, the Customer is fully liable for the information entered incorrectly or incompletely on the methods of delivery, address and Codes typed/ordered. The Customer will be allowed to choose one of the following methods of payment: (a) cash on delivery, to be effected to the courier who delivers the product, in cash; or (b) by advance bank transfer with fax obligation of the accounting of transfer containing the CRO Code of the transaction; or (c) with POS; and or (d) with other methods of payment defined previously based on the established relations with the Company agreement. In the specific case of online orders on the Company’s website, the methods of payment will be only (a), or (b), and or (c). 

All prices that the Company shall communicate to the Customer are in Euros and exclude VAT and shipping costs. The selling prices of the products are freely determined by the Company, which reserves the right to change them at any time. In any case, the price invoiced to the Customer will be that in force at the time of the order and communicated to the Customer net of VAT and shipping costs. The prices that the Company communicates to the Customer for the purchase proposal cannot have validity for more than 30 days except for a shorter period specified by the Company during the offer period of the Customer.
The Company will deliver to the address communicated by the Customer the selected and ordered products with the methods mentioned in the previous article, trough couriers and/or fixed carriers. The times of delivery can vary from the day of the order to a maximum of seven working days. The aforementioned delivery times refer to the products in the warehouse of the Company at the time of the order. Delivery will be made by carriers at road surface level. Nevertheless, no liability may be attributed to the Company for late or non delivery due to Force Majeure or unforeseeable circumstances. The products will be delivered by a carrier that will issue an occurred delivery document in paper or electronic format called Delivery Note, signed by the Customer and/or any other recipient designated by the Customer at the time of the Order.

Upon delivery, the Customer is required to check the content, the compliance and the product conditions. The said check is deemed to be carried further to the signature of the Customer, or any other person authorized by the latter, of the Transport Note. The Company cannot be liable for non-delivery or delayed delivery by the carrier, and any dents or breakage of the product during transport. Such damages are to be disputed to the courier at the time of delivery and must be indicated on the Consignment Note or Transport Document with the caption: "Goods accepted subject to checking."

The Company assumes no liability for bad services caused by Force Majeure such as accidents, explosions, fires, strikes and/or lockouts, thefts, earthquakes, floods and any other similar event that could prevent, in whole or in part, to implement within the agreed times the Contract. The Company cannot be liable with respect to any Party for any damage, losses and costs incurred as a result of the failed execution of the Contract for the aforementioned reasons, resulting in the Customer being only entitled to a refund of the paid price.
The Customer has the right to return the spare part purchased within 14 days from the date of purchase by showing a copy of the invoice or Transport Document without any penalty but with the only charge of the return transport costs.
The purchasing Customer must communicate its wish to return the purchased spare part within 5 days of purchase, by means of forwarding a written communication to the Company’s head office, by registered letter with acknowledgment of receipt. The communication can also be forwarded by electronic mail or fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours.

The Customer must forward to Diesel Levante the Material Return Request Form duly filled out in all its parts. A copy of the form can be downloaded directly from our website at the following address: www.dieselevante.biz 
Diesel Levante shall return the form to the Customer with an Authorization number, if authorized. The same form must be inserted inside the package that will contain the component to be re-credited or reversed.

Conditions necessary for the recognition of accreditation and acceptance of the return:

• the spare part must not have been assembled/tampered with/damaged;
• the spare part must be returned in its original packaging;
• the spare part must be accompanied with the filled out Material Return Form, the copy of the purchase document and a return document (Transport Document).

After receiving the Goods Return Form, Diesel Levante will collect the spare part to be returned at the address provided by the Customer. The return must be properly packaged and inside the package containing the return form with the authorization number and the following address must be indicated on the package: DIESEL LEVANTE SRL S.S. 96, Km. 116 - 70026 - MODUGNO (BA) - I T A L Y

Cases of exclusion and penalties: The spare parts return requests ordered and paid for in advance form (through PAYPAL, Bank transfer, Cash, Bank cheque or Credit Card), for which there is no registered surface mail with acknowledgement of receipt, certifying the wish to return the purchased spare parts, will not be either authorized or accepted since advance payment is considered penitential deposit of the order thereof, both in partial and total measure of the invoiced amount. This is because many spare parts not available in stock are ordered specially for the Customer in Italy or abroad by the supplier Company, namely Diesel Levante SRL.

Diesel Levante reserves the right to authorize returns beyond 14 days, provided under the following conditions:

• over the 14th day but not over the 30th day from the purchase date, Diesel Levante will apply a 15% penalty on the total amount to be repaid. • over the 30th and within the 60th day from the purchase date, Diesel Levante will apply a penalty of 30% on the total amount to be repaid. • over the 60th day from the purchase date, Diesel Levante will apply a penalty of 50% on the total amount to be repaid.
The Company markets high-quality level products. For new spare parts purchased by the Customer are applicable by the Company the rules on the subject of guarantees and assistance among professionals. It is reminded that the guarantee for professional operators/Companies on all spare parts is valid for one calendar year from the date of issuance of the accompanying document that always travels in the delivery package.

For reconditioned products or on some specific products the Company reserves the right to apply conditions of guarantees other than the above but which anyway and in any case will always be communicated to the Customer during the Offer.
The products sold by the Company can only be installed on vehicles or systems recommended by the producer or by the manufacturer and exclusively by qualified personnel, which assumes full liability; therefore, the Company will be exempt from any liability arising from the incorrect installation of the product, improper use, tampering or unsuitable use to the vehicle. The guarantee procedure is opened by the Company once received from the Customer, through fax or e-mail, the Request Guarantee Form within which must be summarized the following information: number and date of issuance of the invoice, type of spare part purchased and the identification Code thereof, accurate description of the manifested problem, and the number of return authorization issued and communicated by the Company.

A copy of the form can be downloaded directly from our website at the following address: 
www.dieselevante.biz 

Diesel Levante shall return the form to the Customer with an Authorization number, if authorized. This form must be inserted inside the package that will contain the component to be damage appraised under guarantee.
Among the various information to be included in the Guarantee request form the Customer must specify the identified defects by making sure to attach the following documentation:
• copy of the vehicle's maintenance Manual;
• copy of the invoice issued by the qualified workshop certifying the nature of the intervention made on the vehicle by indicating in detail the replaced spare parts.

Attention: No guarantee request will be accepted if it lacks one or more elements of those just listed.

It is recommended to use the utmost care in packaging the spare part to be returned. The Company is not liable in any way for any damage caused to the spare part during transport, especially in the case of sending the spare part with insufficient packaging to ensure its safety, or in clearly inadequate packaging.
After receiving the Guarantee Request Form (together with related attachments), upon withdrawal of the spare part and its receipt by the Company, the product object of the Guarantee Request will be subject to specific and detailed technical analysis by the Company in order to understand the causes of breakage and any defects attributable to the product or installation/assembly defects. The outcome of the damage appraisal will be communicated to the Customer with a special technical report in the shortest possible time.
If from the damage appraisal a manufacturing defect should emerge, the Company will proceed to repair or replace the product (or a component thereof) and subsequently re-delivering the repaired product (or new) at the address provided by the Customer at no charge.
Instead, in the event that from the damage appraisal it should emerge a failure due to negligence, failure to follow assembly procedures or anyhow one of the reasons set out in the "Guarantee Exclusions" section listed below, the Guarantee Request will be rejected. In this case, the Customer has the right to request the Company a repair intervention. The Company reserves the right to apply a price list with reduced prices for the components to be replaced, with no additional labour charges.

GUARANTEE EXCLUSIONS:
The guarantee is not applicable in case of:
• incorrect installation of the product (new or revised). It must always be carried out under the responsibility of a competent and qualified technician;
• tampering or unauthorized opening of the component;
• malfunction due to external causes (water, impurities in the oil, lack of cleaning in the system, poor maintenance of the injection circuit, use of unsuitable lubricants, etc.);
• lack of maintenance and regular reconditioning with respect to the timing or time limits recommended by the vehicle manufacturer (for example 1,000 km, 7,500 km and 15,000 km);
• non-implementation of the installation procedure described in our Installation Manual supplied at the time of purchase of your product;
• expiry of the guarantee period validity (12 months).

ADDITIONAL "TURBO PROTECTED" KASKO GUARANTEE:
The Company, for some products, enables the Customer, when purchasing the product, at the same time to purchase an additional Kasko guarantee called "Turbo Protected" (Valid only in Italy). If the Guarantee Request refers to a product purchased with the added insurance "Turbo Protected", only in this case the damage appraisal will not be sent to the Customer and the Company will send to the Customer a new product to replace it, or repair that of the Customer without any additional charge only once during the period of the law guarantee.
However, the Customer may request, at the time of the Guarantee Request, also for products covered by the "Turbo Protected" guarantee, a technical and photographic damage appraisal to know the causes of the breakage. The Company will charge for this service € 50.00 excluding VAT. This is possible only if the Customer complies with the specific "Application Conditions of the Turbo Protected Guarantee" described on the Company’s website and/or communicated to the Customer through the various tools (Internet, e-mail, telephone, fax, flyer).
However, the Customer will be charged an amount of € 25.00 excluding VAT, for the transport costs incurred for collection and re-delivery of the defective product. In the circumstance where the Customer would decide not to repair the damage appraised component after that the Guarantee Request had been rejected, the Customer will be charged a cost of € 30.00 excluding VAT for the carried out damage appraisal. All damage appraisals will be edited in writing (where possible be also accompanied by the related support photographs) and notified to the Customer promptly.
Diesel Levante reserves the right, in case of failure to collect the component sent under guarantee within, and not later than, 15 working days after the communication of the outcome of the damage appraisal, to keep the product and consequently scrapping it.
The Customer hereby states under its own responsibility:

• of being of age and having the legal capacity or having permission from the person empowered when making the order to the Company;

• of having come into the knowledge, in addition to the information contained in these General Conditions of Sale, of information on the essential characteristics of the products in the Order.

• that the data supplied by the latter for the execution of the Contract are true and correct
The following circumstances are considered cases of Force Majeure: wars, lockouts, riots, strikes, coups d’état, natural disasters, and more generally those recognized by Italian law, in accordance with the characteristics of unpredictability, uncontainability and externality.

The Company will not be liable for the failure of any of its contractual obligations to the extent that this failure is due to a case of Force Majeure and that this event cannot be reasonably anticipated or avoided or overcome.
CONTRACT TERMINATION AND EXPRESSED TERMINATION CLAUSE: The Company has the right to terminate the drawn up Contract by simply giving communication to the Customer with adequate and justified reasons; in this case the Customer shall only be entitled to a refund of the amount already taken and paid.

LIEN CLAUSE: The products are sold by the Company under lien agreement. Therefore, until invoices are fully paid, the materials remain the Company’s property. If any Contract clause will be in conflict with a provision of law or applicable regulation, this clause will be deemed as non-existent, without prejudice to the validity of the remaining provisions of the Contract.
Pursuant to, and for the provisions of, Legislative Decree No. 196 of 30 June 2003 (Code on the subject of the protection of personal data, hereinafter the Code), the Company informs the Customer that:

1. All data provided are processed for purposes related to the economic activity of the Company and in particular for entering the personal data in the Company electronic database in order to implement the product sales Contract. To this end, the collected data may be disclosed to transportation companies as well as banks.
2. The processing will be made through paper and/or electronic means.
3. The provision of data relating to name, surname, address, telephone number and e-mail address is mandatory in order to be able to provide the services required by the Customer and the possible refusal to provide such data could lead to failure or partial service provided by the Company.
4. With the acceptance of these General Conditions of Sale, the Customer also grants its consent to receive commercial information exclusively by the Company.
5. The Holder of the processing is DIESEL LEVANTE SRL, S.S. 96, KM. 116 - 70026 - MODUGNO (BA) - I T A L Y
Tel.: +39 080 5357615 - Fax: +39 080 5357579 - website: www.dieselevante.biz - e-mail: info@dieselevante.it Company Capital € 56,810.00 fully paid out - Registered with BARI Court under No. 23983 - Bari C.C.I.H.A. No.: 284235 - VAT No.: 03933890729.
6. At any time, the Customer can exercise its rights with respect to the processing Holder, in pursuit with article 7 of the Privacy Code (formerly article 13 of Law No. 675/1996). In particular, the Customer will be able to request to know the existence of data processing that may be concerning it; obtain without delay the communication in intelligible form of these data and their origin, the cancellation, the transformation in anonymous form or blocking of the processed data in violation of the law; the updating, rectification or integration of data; certification that the aforementioned operations have been made known to those to whom the data were communicated, except in the case where this proves impossible or involves the use of means manifestly disproportionate with respect to the protected right; to object, in whole or in part, for legitimate reasons, the processing of personal data concerning the latter, even if pertinent for the purpose of the collection and processing of personal data concerning the latter for the purpose of sending advertising materials or direct selling or for carrying out market research or for commercial communication.
These General Conditions of Sale are governed by Italian law. Any dispute regarding the application, execution, interpretation of these General Conditions of Sale, and/or anyhow otherwise related thereto, shall be referred, exclusively, to the BARI jurisdiction.