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WikiAll orders are accepted by Biemme subject to the Terms and Conditions of Sale set out below:
General
All orders for products and services on the Web site www.biemmeitalia.net ( “Web Site”)are accepted by Biemme subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by Biemme unless agreed in writing by an authorised signatory of Biemme or expressly stated otherwise in these terms and conditions of sale. All descriptions of the products and services contained on the “Web Site” or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Biemme and the Customer. Biemme shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of products and services on the Biemme website is not an offer capable of acceptance, it merely constitutes an invitation by Biemme for the Customer to make an offer to purchase products and services.Prices
The prices of the products and services are as set out on the “Web Site” at the date of despatch of the ordered products or the date of provision of the ordered services. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. Biemme reserves the right to change prices without prior notice at any time.Ordering and Delivery
Biemme reserves the right to decline to trade with any company or person. In addition, Biemme may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email or facsimile within a reasonable period of receipt by Biemme of the order. Biemme executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when Biemme next has available stock or be cancelled.Delivery
Biemme will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the “Web Site” current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing. Times and dates for delivery quoted on the “Web Site” or by Biemme's employees are approximate only and Biemme shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. If any delivery is late, the Customer must notify Biemme, and Biemme will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer.Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to Biemme in detail of:- Any defect in the product that is apparent on reasonable examination. In this case Biemme shall, at Biemme's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition; Any shortfall in products delivered. In this case Biemme shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
- Any delivery of products not in accordance with the order. In this case Biemme shall, at Biemme's discretion, replace the products or refund the purchase price;
- Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case Biemme SRL shall deliver the undelivered products or refund the price of the undelivered products.
Payment
Payment terms are cash with order by wire transfer and PayPal. Euro curency only. We do not accept C.O.D. orders outside Italy.Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to Biemme has been made (in cash or cleared funds).Product and Availability Information
Biemme reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of any Biemme catalogue. Unless otherwise confirmed, nothing in any Biemme catalogue is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.Warranty
For products purchased from the “Web Site” : Biemme warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to Biemme within 12 months of the original date of despatch, or such other longer period as may be indicated by Biemme for specific products from time to time in writing. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of Biemme. The Customer must return or dispose of the products, or make them available for collection by Biemme, in accordance with Biemme's instructions and suitably packaged. All orders are accepted by Biemme subject to the Terms and Conditions of Sale set out below: The Customer must contact Biemme to notify Biemme of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, Biemme may refuse such products and return them to the Customer at the cost of the Customer. Any products which are replaced by Biemme shall become the property of Biemme. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty. The remedies set out above shall be Biemme's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services. The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). Biemme will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Biemme by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.Limitations of Use
Products sold by Biemme are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.Liability
Biemme shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Biemme technical forum) whether or not due to its negligence or that of its employees, agents or sub-contractors. Biemme shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Biemme and the Customer, or of any order accepted by Biemme; (ii) any duty of any kind imposed on Biemme by law arising out of or in relation to the contract between Biemme and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.Third Party Links.
From time to time, the “Web Site” may contain links to Web sites that are not owned, operated or controlled by Biemme. All such links are provided solely as a convenience to you. If you use these links, you will leave the “Web Site”. We are not responsible for any content, materials or other information located on or accessible from any other Web site. We do not endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.Cancellations and Returns
The Customer may not cancel orders once accepted by Biemme. Biemme may, at its discretion and in writing, allow an order to be cancelled subject to Biemme recovering from the Customer the costs incurred by Biemme. In the event of cancellation of part of any order only, Biemme may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered. The Customer may only return products to Biemme, and receive a credit or refund and on the following conditions: The Customer must contact Biemme prior to the return of any products and obtain the prior consent of Biemme and obtain a returns number (to be quoted on all returned paperwork); Return must be made within 14 days of the date of delivery (as stated on the delivery documentation). Products must be returned to Biemme in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Products must be returned to Biemme adequately packed and despatched freight prepaid, clearly labelled to: Biemme, via Cavour 46, 31020 San Vendemiano, Treviso, Italy. The Customer must quote the invoice details or the Biemme reference number on the Biemme Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a handling charge will be applied. This handling charge is set out on the Biemme website. Where the Customer returns products to Biemme not in accordance with (i) - (iii) above (for example, after 14-days from the date of despatch or in an unfit state) Biemme will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing. This returns policy excludes software, calibrated products, production packaging products and specially manufactured products. Biemme accepts no responsibility for any loss of or damage to products in transit from Customer to Biemme or for any items received by Biemme with them.Force Majeure
A force majeure event is any event beyond the reasonable control of Biemme (including strikes, traffic congestion, the downtime of any external line, or Biemme's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Biemme is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Biemme shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Biemme may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.Rights in the Web Site and Catalogue
The Customer acknowledges that Biemme and its licensors own the intellectual property rights in the “Web Site”, the Biemme catalogues, the catalogue content and the stock numbers, and that their whole or partial reproduction without Biemme's prior written consent is prohibited.Law and Jurisdiction
The contract between Biemme and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with Italian Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in Italy, but Biemme may enforce the contract in any court of competent jurisdiction.
