{"id":30595,"date":"2024-07-24T11:46:34","date_gmt":"2024-07-24T11:46:34","guid":{"rendered":"https:\/\/www.scsconcept.com\/?page_id=30595"},"modified":"2025-10-21T15:10:18","modified_gmt":"2025-10-21T15:10:18","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/sitowebsmart.com\/it\/terms-and-conditions\/","title":{"rendered":"Terms and conditions \u2013 SCS Concept S.r.l."},"content":{"rendered":"

English – GENERAL TERMS AND CONDITIONS<\/a><\/strong><\/p>\n

Italiano – CONDIZIONI GENERALI DI CONTRATTO<\/a><\/strong><\/p>\n

Edition 2.3 21-10-2025<\/p>\n

SCS Concept S.r.l. – <\/strong>GENERAL TERMS AND CONDITIONS<\/strong><\/a><\/h2>\n

Between the Seller and the Buyer, as better identified in the Contract Offer.<\/p>\n

1. General Provisions<\/strong><\/h4>\n

1.1. The terms and conditions set forth below (hereinafter, the “Terms and Conditions”) govern the contractual relationship between Seller and Buyer for the provision of products and\/or services by Seller (hereinafter, the “Products” and\/or “Services”).<\/p>\n

1.2 The General Terms and Conditions apply to all transactions concluded between Seller and Buyer and are approved by Buyer upon acceptance of the Contract Offer transmitted by Seller (hereinafter, the “Offer”).<\/p>\n

Any different conditions or terms shall apply only if accepted in writing by the Seller.<\/p>\n

2. Edit Offers, Orders and Prices<\/strong><\/h4>\n

2.1 Changes in Orders and\/or Offers shall be agreed upon between the Parties in writing and in any case shall be accepted by the Seller.<\/p>\n

2.2 The Seller reserves the right to make such changes to the Products and\/or Services as, without altering the essential characteristics of the Products themselves, may be necessary or advisable.<\/p>\n

2.3 Seller reserves the right, following Buyer’s acceptance of the Offer, to reject the Order and\/or to request a modification of the Price. It is understood that in the absence of Buyer’s adherence to the additions requested by Seller, the Parties shall be released from any contractual obligation.<\/p>\n

3. Prices and Payment Terms<\/strong><\/h4>\n

3.1. The prices of the Products and Services are those resulting from the Offer.<\/p>\n

3.2 The prices of the Products sold by the Seller to the Buyer are calculated ex-works (EXW – Incoterms in effect at the time of entering into the contract) and do not include VAT, which shall be paid in accordance with the specific terms specified in the Offer.<\/p>\n

3.3 Taxes, duties, shipping, insurance, costs of all customs formalities, installation, end-user training, after-sales service are not included in prices and, therefore, unless quoted separately, are the responsibility of the Buyer.<\/p>\n

3.4 Payments shall be made in Euros (\u20ac) by bank transfer in the manner specified in the Offer. Payment shall be deemed to have been made when the sum enters the availability of the Seller.<\/p>\n

3.5 In addition to the other remedies permitted by applicable law or these Terms and Conditions, Seller reserves the right to charge interest on late payments from the date on which the right to payment accrued in favor of Seller. Default interest equal to the so-called three-month Euribor rate increased by 3 (three) percentage points shall accrue on the amounts due under the contract entered into between Seller and Buyer, without the necessity of notice of default, in addition to bank and other charges inherent in the payments in question.<\/p>\n

3.6 In the event that the Buyer fails to make payment on the terms and in the manner specified by the Seller or in the event that the Buyer is the recipient of seizure, injunction, protests, or bankruptcy proceedings have been applied for or instituted, the Seller shall have the right at its discretion, to suspend or revoke further deliveries and to declare any claim arising out of the contractual relationship as immediately due and payable. In addition, the Seller may in such cases require advances on payments or an escrow deposit.<\/p>\n

3.7 Buyer shall not make any form of set-off, withholding or reduction except in the case of legal set-off relating to mutually and concurrently certain, liquid and collectible claims originally arising between Seller and Buyer or except where its claim has been finally and judicially allowed.<\/p>\n

4. Delivery\/execution deadlines<\/strong><\/h4>\n

4.1 All Products sold by the Seller to the Buyer shall be delivered to the Buyer Ex Works (EXW – Incoterms in effect at the time of entering into the contract). If Seller agrees to arrange for transportation of the Products to the location specified by Buyer, Buyer shall reimburse Seller for transportation and insurance costs unless otherwise agreed to in the Offer.<\/p>\n

4.2 The Seller is bound to the delivery\/execution terms as stated in the Offer.<\/p>\n

4.3 The Seller reserves the right to make partial deliveries.<\/p>\n

4.4 Any liability for delivery arising from force majeure or other events unforeseeable by the Seller, including, without limitation, strikes, lockouts, governmental regulations, successive blockages of export or import possibilities, in view of their duration and extent, shall release the Seller from the obligation to meet any agreed delivery deadline.<\/p>\n

5. Warranty for Defects in Products<\/strong><\/h4>\n

5.1 Seller warrants that the Products and Services are free from defects and conform to the stated technical specifications.<\/p>\n

5.2 The warranty applies only to products used in accordance with the specific directions stated by the Seller, any use not in accordance with the Seller’s requirements will void the warranty.<\/p>\n

5.3 The warranty shall not be valid if the inconvenience or anomaly is found to be dependent on incorrect or improper application to the Product. Any modification or replacement of parts of the Product not authorized by the Seller shall relieve the Seller from civil or criminal liability, and shall in any event void the warranty. The warranty does not cover normal wear and tear parts.<\/p>\n

5.4 The Seller undertakes to remedy any lack of conformity (defect) of the Products attributable to it, occurring within 12 (twelve) months from the delivery of the Products to the Purchaser, unless otherwise agreed in the Offer, provided that such lack of conformity has been notified to it in a timely manner in accordance with Article 5.5. In such case, Seller shall, at its option, replace, including with remanufactured product, or repair the Products (or part thereof) found to be<\/p>\n

defective. The Parties agree that, in case of replacement of the Products and\/or parts thereof, the ownership of the replaced Products and\/or part thereof shall be attributable to the Seller who shall be free to dispose of them.\u00a0 In no event shall the Seller be liable for further damages in favor of the Buyer or any third party.<\/p>\n

5.5 Any claims relating to the condition of the packaging, quantity or external characteristics of the Products (apparent defects), must be notified to the Seller in writing, under penalty of forfeiture, within 15 (fifteen) days from the date of receipt of the Products. Any claims relating to defects not discoverable by diligent inspection upon receipt (hidden defects) must be notified to Seller, under penalty of forfeiture, within 15 (fifteen) days from the date of discovery of the defect. The claim shall specify precisely the defect found and the Contract Products to which it relates.<\/p>\n

5.6 The warranty period for replacement parts is determined to be 6 (six) months from the date they are delivered or installed.<\/p>\n

6. Software<\/h4>\n

6.1 This Article applies in the case of the User proceeds with the download, the installation and\/or the use of the Software.<\/p>\n

6.2 By installing, downloading, and\/or using the Software, the User acknowledges and agrees to be bound by the terms and conditions of the license agreement available at the following link: https:\/\/sitowebsmart.com\/it\/software-license-scs-concept\/<\/a>. Should the User not agree to all such terms and conditions, they are required to immediately discontinue the installation or download process, or to return or destroy the Software and any accompanying documentation.<\/p>\n

6.3 The Seller grants the right to use the Software in accordance with the aforementioned license agreement and these \u201cGeneral Terms and Conditions.\u201d<\/em><\/p>\n

7. Services<\/strong><\/h4>\n

7.1 This Article applies if the Offer is for routine maintenance services, preventive maintenance services, repair services, calibration services, installation and commissioning services, line start-up, start-up assistance (hereinafter, “Services” and\/or the “Service”).<\/p>\n

7.2 The location where the Service will be performed is as stated in the Offer. The Service may take place at the Seller’s location and\/or at the Buyer’s location.<\/p>\n

7.3 In the event that the Service is performed at the Seller’s premises, the costs of shipping and\/or transportation of the Product and\/or Products covered by the Service shall be borne by the Buyer.<\/p>\n

7.4 In the event that the Service is performed at the Buyer’s premises:<\/p>\n

    \n
  1. The Seller shall notify the Buyer of the scheduled day(s) for the intervention.<\/li>\n
  2. The Buyer, on the day(s) scheduled for intervention, agrees to make the Product subject to the Service available in complete safety. Interventions by Seller’s technical personnel shall take place with due regard for their safety and during normal working hours (09:00 a.m. to 5:00 p.m., Monday through Friday\u0300), unless otherwise agreed in writing between the parties.<\/li>\n
  3. Buyer agrees to grant Seller’s designees free and complete access to the Products to perform the Services. Any costs and expenses incurred by Seller as a result of access restrictions shall be borne by Buyer and separately invoiced. Any additional cost due to the performance of maintenance work outside of the aforementioned hours or failure to make the Products and\/or anything else necessary to proceed with the proper performance of the Services shall be borne by Buyer and the subject of separate invoice.<\/li>\n
  4. The Buyer agrees to notify the Seller immediately in the event of any malfunctions such as but not limited to, abnormal noises, leaks, and any other phenomena that may foreshadow a failure of the Product(s) or parts thereof and\/or alarms reported by the machine control system.<\/li>\n
  5. Buyer agrees to provide, at its own care and expense and in full compliance with current insurance, social security and accident prevention regulations, auxiliary personnel, lifting means and works, lighting and any other assistance that may be necessary for the performance of the Service. Any costs and expenses incurred by Seller as a result of Buyer’s failure or delay in providing assistance shall be borne by Buyer and shall be the subject of a separate invoice.<\/li>\n
  6. The Purchaser declares that he\/she undertakes to scrupulously comply with the directions and provisions contained in the instruction manual and any original documentation relating to the Products; including those included in the Offer and these General Terms and Conditions of Contact, in their entirety.<\/li>\n<\/ol>\n

    7.5 The Buyer agrees, prior to the execution of the Service by the Seller’s technical personnel, to back-up the Product subject to the Service. Under no circumstances can the Seller be held responsible for the loss of any data and\/or configurations and\/or components subject to customization by the Buyer. The Product, in any case, will be returned to the Buyer with the factory data, technical components and configurations. Any customizations must be restored by the Buyer, unless otherwise agreed upon in writing between the parties.<\/p>\n

    7.6 With respect to calibration services, Seller shall subject all measuring instruments delivered to it by Buyer to the calibrations requested by Buyer and set forth on the Bid. If the Seller’s Products are eligible for calibration, they will be sold, unless otherwise requested by the Buyer, under the following standard conditions:<\/p>\n