Conditions, Privacy, Disclaimer

gecomedia - agenzia di comunicazione integrata, Via Teriasca 19, I-16030 Pieve Ligure (GE),
P. IVA (USt.-Id.-Nr.): IT01749970990
- in the following called "gecomedia" -
 

1. Unless otherwise expressly agreed in writing, all goods are sold upon the following terms and conditions to the exclusion of any terms and conditions of the Purchaser and no agent or representative of gecomedia has any authority to vary or omit, part of or all of, these conditions. Acceptance of delivery of the goods shall constitute acceptance of these terms.

2. Any deficiency in quantity of product delivered or transportation damage as at the time of delivery shall be notified to gecomedia immediately upon receipt. Acknowledgement of the delivery shall be deemed to be acceptance of the quantities as set out by the invoice and that the product has not suffered from transportation damage.

3. gecomedia will make good at its option by repair or replacement any articles sold by it which, within 1 month after delivery, are shown to gecomedia’s satisfaction to have been, at the time of delivery, defective where such defect is solely attributable to defective workmanship, materials or manufacture provided that:
(i) gecomedia is immediately notified upon detection; and
(ii) no defect is caused by wilful damage, negligence, incorrect storage or application, incorrect use, movement, installation or assembly (except by gecomedia, its servants or its agents) or defects caused by fair wear and tear; and
(iii) if required by gecomedia the goods are returned to gecomedia within one month of the discovery of the defect.
The warranty contained in this Condition is the ONLY express warranty given by gecomedia. All other conditions, representations, terms and warranties as to the fitness or quality of the goods supplied for any purpose, whether express or implied, whether statutory or otherwise and whether verbal or in writing are hereby excluded and negatived to the full extent permitted by law in each case.

4. Subject only to the provisions of Condition 3 gecomedia hereby excludes to the full extent allowed by law all liability of any kind whatsoever to the purchaser or any other party for any loss, damage or loss sustained or incurred by the purchaser or any other party in consequence of or resulting by, directly or indirectly, the supply of, use of, or performance of any products or services for whatever reason whether arising out of any breach by gecomedia of any contract incorporating these Conditions or negligent or wrongful acts by gecomedia or its servants or its agents in connection with its products and or its services, and limits any liability that it might nevertheless have to a maximum amount being the invoiced price of the products or services in question.

5. No goods may be returned to gecomedia without gecomedia’s prior written consent.

6. The modifications of gecomedia's products, other than in accordance with gecomedia’s written approval in each case, is not authorised and may result in product defects. The warranty contained in these conditions will not extend to any product which has been the subject of any unauthorised modification.

7. gecomedia reserves the right to declare void any warranty claim where the claimant does not extend to gecomedia a reasonable opportunity to fully inspect the product, application and circumstances of the product.

8. gecomedia sets out suggestions as to the use of, installation of and care of its products on the understanding that those suggestions are made solely to assist the purchaser to get the best results from its purchase, and that they do not amount to warranties or otherwise add to or vary these Conditions of Sale in any way.

9. gecomedia will use its best endeavours to deliver at the time stated and all delivery dates shall be regarded at best as estimates only. The purchaser must accept the actual delivery date and gecomedia shall not be liable for any losses, costs, damages or expenses suffered by the purchaser or any other party as a result of any delivery in delivery.

10. Where orders are accepted by gecomedia for special production runs, unless otherwise agreed to in writing, gecomedia reserves the right to make delivery and charge for one off small deliveries. gecomedia will not accept any restriction of its right to manufacture or sell or offer to any other purchaser goods which may have been manufactured specially for a specific purchaser or purchasers.

11. Payment is to be made in cash, net of all deductions, before delivery. Failure to make due payments in respect of deliveries or instalments under this or any other contract with gecomedia shall entitle gecomedia to delay, suspend or cancel deliveries in whole or in part at its option.

12. For so long as any amounts remain owing to gecomedia, title to and property in the goods shall remain in gecomedia and shall not pass to the purchaser. All goods which remain the property of gecomedia will be held by the purchaser on behalf of gecomedia in a fiduciary capacity and shall be stored separately from all other goods. At any time after the due date for payment of any account owing from the purchaser to gecomedia and so long as such amounts have not been received by gecomedia in full, gecomedia at the purchaser’s expense shall be entitled to require the purchaser to return to gecomedia and shall have the right to enter the buyer’s premises or where the goods are stored and remove there from all goods which remain the property of gecomedia.

13. gecomedia will not be liable for breach of contract arising from or caused by, directly or indirectly, force majeure, war, strikes, riots and civil commotions and nature disasters.

14. The applicable law for all contracts is the one of the Italian Republic. The place of jurisdiction is Genoa, Italy.

15. gecomedia retains a nonexclusive, royalty-free license to publish or reproduce these documents, or allow others to do so, for gecomedia purposes. These documents may be freely distributed and used for non-commercial, scientific and educational purposes. Commercial use of the documents available from this server may be protected under the U.S. and Foreign Copyright Laws. Individual documents on this server may have different copyright conditions, and that will be noted in those documents.

16. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by gecomedia. The views and opinions of authors expressed herein do not necessarily state or reflect those of gecomedia, and shall not be used for advertising or product endorsement purposes.

17. With respect to documents available from this server, neither gecomedia nor any of their employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

18. Any order that has been accepted by gecomedia may not be reduced or cancelled after acceptance without the agreement of gecomedia in writing.

State: 02/2008