Preliminary remarks
These sales terms and conditions shall apply in full to any contracts entered into by TSEC S.r.l. (Supplier) with a Customer, except for particular derogations sent in writing by the Parties and valid for an individual contract. In case of any discrepancy, these general sales terms and conditions shall prevail over any Customer's purchase terms and conditions. Placing a purchase order implies full acceptance of these sales terms and conditions.
The Customer may not add, modify, or replace any of these terms and conditions unless authorised in writing and duly countersigned by the Supplier. These terms and conditions replace any unwritten agreement between the Supplier and Customer during negotiations.
If the payment conditions provide for the payment of an installment upon order, the Supplier reserves the right to suspend the execution of the contract until receipt of the installment.
The Supplier reserves the right to make any aesthetic and/or functional changes to the equipment that may affect its size or structure without prior notice to meet all applicable technical requirements.
Prices
The prices of the products are indicated in the Supplier's price list in force at the time of receipt of the order. The supplier can modify the Prices with a written notice of at least one month.
Prices DO NOT include transport, VAT and other additional costs.
Purchase order confirmation
Orders are considered accepted by the Supplier only when the Supplier issues an order confirmation. In the event of cancellation of any placed and confirmed orders, the Supplier shall charge the Customer up to 100% of the net amount of the purchase order, to be assessed according to the progress of the order.
Under no circumstances may orders for sensors with integrated balancing resistors and customised products be cancelled when the Supplier has already issued its order confirmation.
Terms of payment
Wherever and in whatever manner goods are contracted, sold, supplied and delivered, payment is required to be made, unless otherwise specified in writing, directly to the Supplier's domicile in the form and on the terms defined.
In the event of delay or irregularity in payments, default interest will be applied from the due date until the moment of payment of the balance.
Should the Customer fail to comply with any obligations under the Contract, the Supplier shall have the right to immediately suspend – without notice or other formalities – all supplies relating to the Customer's current orders, including those related to other contracts, as well as the applicable product warranty and all product deliveries and to demand immediate full payment of any amount due or to have it otherwise secured.
Termination of the supply contract
If protests of cheques and bills of exchange are raised against the Customer or enforcement proceedings of preventive composition or bankruptcy are initiated, the Supplier reserves the right to unilaterally terminate the contract, giving written notice to the Customer.
Terms of delivery
Delivery of the products is deemed to take place at the Supplier's premises.
The Supplier's delivery terms are approximate and the Supplier does not undertake to deliver the goods on exact dates since all deliveries will depend on the Supplier's possibility to manufacture its products as well as on any force majeure events such as: strikes involving the staff of the Supplier, customs authorities, postal services, carriers or forwarding agents; measures taken by governmental or regulatory authorities, natural disasters, etc.
As a result, in no event may the Supplier be liable for any direct and/or indirect damage or loss following late delivery. Any late delivery shall not entitle the Purchaser to cancel the contract in whole or in part. In the event that an order cannot be met within the planned term, the Supplier shall inform the Customer of the new delivery term.
Accordingly, in no event shall the Supplier be liable for any direct and/or indirect damages or losses resulting from late delivery. Any late delivery shall not entitle the Buyer to cancel the contract in whole or in part. In the event that an order cannot be fulfilled within the expected time, the Supplier shall inform the Customer of the new delivery term.
Deliveries may be split.
Shipping
The goods travel at the risk of the Buyer even if the carrier is chosen by the Supplier or or the delivery is free to recipient’s address.
The Supplier will therefore assume no responsibility for any damage that may occur during the journey. Any complaint against the carrier must be made by the Customer in his name and on his behalf.
Complaints
Any complaints regarding the quality, quantity, type of product, faults or defects must be sent in writing to the Supplier within 8 (eight) days of receipt of the disputed goods. After this period, without prejudice to the different warranty conditions provided for individual products, no complaints can be accepted. Any returns of goods by the Customer can only take place with the prior written authorization of the Supplier.
Warranty
For passive sensors series CLIC - CST and for powered electronic and electrical equipment, unless otherwise specified, a full 24-month warranty is provided for any manufacturing defects.
The warranty does not cover products that have been tampered with, repaired by third parties or used in a manner not in accordance with the intended conditions of use. Disputed products can be sent to the Supplier only after prior agreements on a case-by-case basis. During the warranty period, the products can be replaced or repaired at the sole discretion of the Supplier without this entailing any liability on the part of the Supplier for any direct or indirect damages suffered by the customer as a result.
The shipment of the products sent to the supplier in application of this warranty, as well as any packaging costs and any other additional costs, are at the risk and expense of the customer.
Third-party liability
By entering into the purchase contract, the Customer assumes the obligation to be aware of all legal limitations and safety regulations relating to the use of the products ordered. The Supplier is not liable for any direct or indirect damage caused to persons or things by the use of the products supplied.
Privacy statement
By placing a purchase order, the Customer expresses consent to the processing of personal data, pursuant to art. 13 GDPR - Regulation (EU) 2016/679, after viewing the specific information available in an extended version at the link: https://www.tsec.it/privacy/Privacy_eng.pdf. The processing, storage and transmission of personal data takes place in compliance with all precautionary measures, which guarantee their security and confidentiality, in compliance with the provisions of the GDPR, for the sole purpose of being able to effectively fulfill the obligations established by the laws, civil and tax provisions connected to the economic activity of the company, including the management of collections and payments deriving from the execution of contracts.
Rev. 01 | February 2025