QEM will be closed for christmas holidays from the day 24th December 2019 to day 06th January 2020

GENERAL SALES CONDITIONS

Orders - Offers

  1. The orders of the Client and the offers of QEM are simple proposals, the written acceptance/confirmation by the recipient, produces a full contractual effect. Acceptance/Confirmation not in accordance with the proposal, is a new proposal. The contract will be concluded only once reached, in writing, the full concordance of the parties on all the elements of the negotiation. Acceptance/Confirmation, where there are no binding indications or details or specifications written by the customer, leave the Qem freedom of initiative and/or software implementation non-contestable by the customer.

  1. An order/acceptance/confirmation It is binding on the one who issued it if QEM executed it. In the event of a block or cancellation in the presence of a production begun, it will still be quantified and invoiced and the signatory of the order is bound to pay in normal times.

  1. In the transmission/conferment of an order/acceptance/confirmation, The acceptance and obligation to comply with the below “General sales conditions” of the QEM, although different by the general conditions and/or purchase details of the customer; The conditions of the customer are valid only if accepted in writing by the QEM.

  1. Offers are valid for thirty days, Unless otherwise expressly indicated and cancel any previous versions relating to the same goods and/or services.


Delivery terms

  1. The delivery time, from the date of the actual conclusion of the contract as described above.

  1. If the equipment is ready to be sent by the customer, of technical documentation, specifications or other documents or instructions, the period starts on the day of receipt by QEM, of the last document or instruction.

  1. Unless otherwise agreed between the parties, the day of delivery shall always mean that in which the goods are shipped or otherwise announced by QEM ready for dispatch. In the event that the customer does not perform the pick up within the first non-festive day following the notice of ready goods, will also have to make all payments connected to the delivery, as if the material had been delivered. Partial deliveries are permitted.

  1. The period of delivery remains suspended in the event of a strike, closure of QEM suppliers, natural disasters or other serious circumstances not attributable to QEM, that prevent the normal exercise of the work. The deadline will resume from the cessation of events and the resumption of the activity.

  1. The delivery time, in the event that the contract is not exhaustively, should be considered with reasonable tolerance in favour of QEM which is still committed to promptly notify the customer of any delays. Reasonable delays will not result in the customer having the right to revoke or cancel or reduce the order, nor to seek compensation for both direct and indirect damages.


Shipping – Delivery

  1. The delivery is always considered and at any effect carried out at the QEM plant. The purchaser is obliged to collect his/her expenses. In the case of shipping, the goods will be considered delivered to the customer with the delivery to the courier, regardless of whether contractually agreed to qem the "Ex-work" clause.

  1. The goods always travel at the risk of the client; QEM does not respond to the loss or lost of the goods or damage resulting from it during transport. The goods transported, in any way, by QEM vehicles is not covered by any insurance policy. The insurance coverage of these risks is always borne by the customer.

  1. In case of withdrawal of material at the factory QEM by the customer or in person appointed by him, these are required to check quantities and weights, as indicated on the shipping document. Elapsed five days from the date of the pick up, If direct, or from the day of receipt, in case of shipment, no complaint is accepted.


Prices

  1. The prices agreed in the contract, if not otherwise specified, are always net of tax, taxes, stamp, insurance, shipping, transport, customs fees and any other charges: any expenses for these items will always be charged to the customer, to these separately chargeable if incurred or anticipated by QEM.


Payments

  1. Payments must be made on a timely with currency value date reported in sales invoice. The occurrence of any delays in payments, will be automatically charged, From the day of the duty agreed to that of the actual payment, the annual interest equal to the reference rate charged by the European Central Bank (BCE) increased by four points, no need to be put into arrears by QEM, unless the right of this to act in court to obtain the forced fulfilment, with the charge of the consequent costs.


Warranty

  1. The products supplied by QEM are in compliance with Italian law; in general, QEM manufacture products comply with European directives on CE marking.

  1. Product warranty Unless otherwise agreed in contract, lasts 24 months from the date of delivery, for the products and six months for spare parts, the seat of the QEM.

  1. During the warranty period QEM will remain obliged to repair and/or replace for free, at our laboratories, those parts which for ascertained poor quality of material and/or workmanship proved to be defective.

  1. The software products developed by Qem in the context of the execution of specific contracts have a twelve-month guarantee, ex-works of the QEM. The customer is always required to accept the correct operation of the delivery software. In the absence of specific contractual clauses on the modalities of acceptance, The SOFTWARE product will be deemed accepted after 60 days of delivery.

  1. The customer shall be responsible for any costs of dispatch, installation, removal of the (operations to be carried out in accordance with QEM). The customer shall also be responsible for the additional costs, professional performance or charges for interventions in the location of installation of the QEM product for the eventual adjusting and testing of software or hardware changes by us during the warranty period and not achievable at our laboratories. Expenses for QEM staff interventions to the user for functional checks or for repair of equipment outside the QEM, in addition to testing and start-up in the field, they are regulated by the relative price list.

  1. The effects of the warranty are strictly limited to the buyer's right to obtain the free execution, by QEM or by authorized technicians, repair operations or substitutions that are necessary to clear evident anomalies (operations to be execute at the QEM laboratories). Changes are therefore excluded for purposes other than the resolution of malfunctions, such as improvements, evolutions or adaptations.

  1. Buyer loses the right to warranty: a) if you have tampered with the equipment provided; b) if you did run on the equipment themselves interventions by technicians not authorized by QEM ; c) if you have made changes to the software without the explicit QEM permission; d) if the hardware structure produced or indicated by QEM has installed software products that are incompatible or potentially conflicting with the Qem software; e) in the event of tampering or alteration of the software product attributable to incorrect or improper use of the software itself; f) if the damage is caused by the action of computer viruses; g) if the malfunction arises from ill-perceived installation, by improper use or damage in any case derived from the equipment after delivery.

  1. The customer waives the right to obtain compensation for damages caused by malfunctions of the equipment and/or any unavailability of the equipment for the time necessary for its repair.

  1. Qem is concerned with testing its products and application programs thoroughly, maintaining a quality system. View also the complexity and breadth of the cases and the possible operational states of the software, latent errors may occur; this is excluded all contractual and non-contractual liability of qem for any direct or indirect damages caused to the customer or anyone else, the failure or erroneous operation of the software.

  1. During the warranty time, QEM is committed to solving the malfunctions of its software and hardware, in the shortest possible time, taking into account the technical and organizational times deemed necessary by QEM. QEM is also committed to addressing the resolution of malfunctions according to Gravity and Dannos; an action can be temporarily suggested to circumvent or limit undesirable effects; if the malfunction is not dangerous, QEM reserves the right to agree with the client the eventual postponement of the solution, issuing a new version of the program; QEM reserves the right to diagnose, install new versions, corrections and anything else deemed necessary for the solution of malfunctions, using telematic means and tools suitable for "Teleservice" on which the customer is obliged to purchase or hire or in any case to supply at his own expense.

Reserve of Property

  1. The custmer buys the property of the products delivered by QEM, only after the full payment of the price. In the event that the laws of the country of destination of the product, particular requirements for the enforceability to third parties of the reserve of property in favour of QEM, the customer is obliged to inform QEM, providing the procedural details of these obligations.

  1. The software products developed by Qem as part of the execution of specific contracts, they will be provided in the executable form only on the computers and on the operating systems. The source format and any other intellectual property rights remain the sole patrimony of QEM, unless otherwise stated. It is therefore forbidden to reproduce or copy any software of any kind, product and/or marketed by QEM.


Drawings and descriptive documents

  1. Prices, dimensions, capacities appearing in the catalogues, prospectuses, circulars, advertisements, illustrations, price lists, Web site, are characterised by approximate indications. These data have no binding value, except in so far as they are expressly mentioned in the contract in the reference.


Applicable law

  1. The contract of sale and the trade relationship inherent to it, will remain regulated by the Italian legislative norms.


Competent Authority

  1. For any controversy or dispute arising between the parties, the Court of Vicenza Italy shall be exclusive competent


Invalidity

  1. If one or more of the above clauses "general conditions of sale of equipment produced and/or marketed by Qem" were deemed invalid or invalidated or void, Also for legal provisions occurred, This will not result in the invalidity and ineffectiveness of the other conditions laid down above.