6.1. If the Customer purchases goods from Automotics, these will be delivered in accordance with the conditions in this article.

6.2. The Customer expressly acknowledges and accepts that the delivery times indicated by Automotics in quotes, offers, and agreements are merely indicative and that Automotics always acts to the best of its ability to observe the deadlines as much as possible, taking into account the availability of the goods or services. Consequently, Automotics cannot be held liable or be obligated to deliver goods on an exact date, and failure to meet the delivery deadline cannot be considered as grounds for the dissolution of the agreement. Partial deliveries are always permitted. Delay in payment by the Customer of certain advances on the sales price may give rise to a proportional delay in the delivery term.

6.3. Delivery of the goods takes place according to the applicable ICC INCOTERM 2020 'Ex Works' whereby Automotics will notify the Customer of the availability of the goods as soon as they are ready for collection. From this notification by Automotics, the goods are deemed to be delivered.

6.4. The risk for the goods transfers to the Customer from delivery at Automotics. If the Customer refuses acceptance at the agreed time, makes it impossible or unreasonably difficult, or is negligent in providing information or instructions necessary for delivery, Automotics is entitled to store the goods for the account and risk of the Customer, without prejudice to Automotics' right to dissolve the agreement. The Customer is fully responsible for the transport of the goods from Automotics' factory. If it would be agreed that Automotics is responsible for the transport, it acts only as an agent, and both the costs and the risk of loss, damage, and theft before, during, and after transport are for the account of the Customer. If additional costs need to be incurred for this, these are borne by the Customer.

6.5. At the time of delivery of goods by Automotics, the Customer is obligated to perform an inspection for conformity and visible defects. Any delivery shortage, non-conformity, or visible defect must be established in writing at delivery in a contradictory manner with and in the presence of Automotics, or of the carrier or his representative by making a reservation on the delivery note or bill of lading, and must be communicated to Automotics by email within eight (8) days.

6.6. Automotics is liable for hidden defects for three (3) months after delivery of the goods. When the Customer discovers a hidden defect, they must notify Automotics of this in writing, at the latest seven (7) days after discovery of the hidden defect. Any notification of a hidden defect after this period is invalid, and Automotics cannot be held to offer any repair after this period.

6.7. When a complaint about defective goods is recognized by Automotics, the responsibility of Automotics does not go beyond one of the following remedies, at the choice of Automotics: (i) the proportional refund of the defective goods; (ii) repair of the defective goods; or (iii) replacement of the defective goods. The foregoing remedies are the only remedies that the Customer can invoke and expressly exclude any possible liability on the part of Automotics for any further direct or indirect damage, except in case of intent, gross negligence, or non-performance of the essential obligations on the part of Automotics.

6.8. The arrangement provided in articles 6.5 through 6.7. of these General Terms and Conditions does not apply to consumers within the meaning of Article I.1, 2° CEL and is in such case replaced by the statutory provisions regarding consumer sales as provided in Article 1649 et seq. Civil Code.

6.9. If the Customer purchased software from Automotics or if Automotics provides services to the Customer, Automotics undertakes to deliver these in accordance with the standards applicable in the sector.

6.10. Any defect in the software or in the service provision of Automotics must be reported in accordance with the procedure as set out above, after which the Customer will be provided with the same means to remedy the defect or non-conformity.

Reimposta password