1. Parties and applicability of General Terms and Conditions

1.1 CRISTOFARI GIOVANNI S.R.L., established in Via Piave 4 – 36066 – SANDRIGO (VI) and registered in the Trade Register under number 03274800246, is hereinafter referred to as “Cristofari Giovanni Macchine”.
1.2 Cristofari Giovanni Macchine is engaged in (international) trade in, among other things, agricultural machinery,  transport equipment, construction machines, transport vehicles, as well as all related matters such as parts and accessories.
1.3 Cristofari Giovanni Macchine also provides services for this trade, even when it does not act as a buyer or seller, such as advice and mediation in the conclusion of purchase agreements, services related to import and export, registration of motor vehicles. Cristofari Giovanni Macchine can also mediate in maintenance and repairs.
1.4 Cristofari Giovanni Macchine’s counterparty is hereinafter referred to as: “the Customer” or “the Supplier”.
1.5 These General Terms and Conditions apply to all agreements between Cristofari Giovanni Macchine and the Customer or Supplier, and also to all (legal) acts that Cristofari Giovanni Macchine carries out in the conduct of its business.
1.6 Deviation from these General Terms and Conditions is only possible if Cristofari Giovanni Macchine agrees to this in writing.

2. Prices, conclusion and content of agreements

2.1 Prices are in euros. If a different currency has been agreed, exchange rate differences are at the risk of the Customer/Supplier. Prices are exclusive of sales tax and other taxes.
2.2 Services from Cristofari Giovanni Macchine and any third parties are invoiced separately. Services may be charged in addition to the purchase price of a Product, to the extent that the relevant services are not part of the purchase agreement.
2.3 Agreements with the Customer are concluded if the Customer accepts an offer or quotation from Cristofari Giovanni Macchine within 7 days of receipt, and Cristofari Giovanni Macchine subsequently agrees.
2.4 Agreements between Cristofari Giovanni Macchine and a Supplier are concluded if Cristofari Giovanni Macchine expressly accepts an offer or quotation.
2.5 All delivery times that Cristofari Giovanni Macchine specifies to a Customer are with obligation and constitute a deadline.
2.6 Only changes to an agreement agreed in writing are valid.
2.7 In the event of termination of the agreement with a Customer, any services performed will be undone, without any additional compensation being due. In addition to, the following applies.
– The Customer/Supplier can only terminate the agreement in the event of a failure of Cristofari Giovanni Macchine to comply with the agreement.
– Cristofari Giovanni Macchine may terminate the agreement with the Customer/Supplier if compliance is prevented or seriously hampered by circumstances beyond its control.
– In the following cases, each party can invoke immediate dissolution in writing: suspension of payments, bankruptcy or cessation of business of the other party.

3. Payment

3.1 Payment to Cristofari Giovanni Macchine will be made within the agreed period. If no term has been agreed, a maximum term of 7 days applies. The customer will only receive the Products after receipt of payment.
3.2 Cristofari Giovanni Macchine retains ownership of Products until all claims have been paid in full. The Customer shall not (re)deliver and/or make a Product available to third parties without the permission of Cristofari Giovanni Macchine.

4. Liability and complaints

4.1 Any liability on the part of Cristofari Giovanni Macchine is excluded. In any case, Cristofari Giovanni Macchine’s obligation to pay compensation is limited to the agreed price for the Product or Service to which the alleged damage is related, or to the amount reimbursed by any insurance – whichever is higher. Only direct damage is eligible for compensation, which means that consequential damage, business damage and other indirect damage are excluded from compensation. The Customer is not entitled to alternative transport.
4.2 Complaints must be reported immediately in writing to Cristofari Giovanni Macchine as soon as an alleged shortcoming in the Product or Service is known or should have been known to the Customer. If the complaint is received too late by Cristofari Giovanni Macchine, the Customer’s right to invoke warranty, termination of the agreement, and/or compensation in any form whatsoever will lapse. (all within the limits of the agreement including these General Terms and Conditions).
Too late is in any case more than 7 days after the moment of (fictitious) fame. Too late is also: more than 14 days after delivery.

5. Services

5.1 As an intermediary in the conclusion of purchase agreements, Cristofari Giovanni Macchine brings together potential sellers and potential buyers of a Product/Products. Cristofari Giovanni Macchine acts as an intermediary itself is not a party to the agreement with regard to the Product. Cristofari Giovanni Macchine is therefore not responsible for, for example, the condition or suitability of the Product, nor for the fulfillment of obligations by the (intended) buyer and seller.
5.2 Cristofari Giovanni Macchine provides administrative and practical support in the implementation of the (international) purchase agreement between seller and buyer of a Product. This Cristofari Giovanni Macchine Service also never results in more or different obligations for Cristofari Giovanni Macchine than the correct execution of the
agreed Service.
5.3 If desired, Cristofari Giovanni Macchine can also mediate for inspection, maintenance and/or repair work. In that case too, the agreement for the performance of work is concluded directly with the person carrying out the work, without Cristofari Giovanni Macchine being liable for the quality of the work or compliance with obligations in the implementation of this agreement.

6. Delivery

6.1 Cristofari Giovanni Macchine will deliver the Product to the Customer ‘as is’, i.e. in the condition at the time the agreement was entered into. The Customer has a guarantee with regard to the condition or operation of the Product, if and insofar as Cristofari Giovanni Macchine has in turn obtained a guarantee from its Supplier. For used products, the Customer only has a warranty if this has been agreed in writing.
6.2 The additional costs related to the delivery to the Customer must be paid by the Customer
6.3 If Cristofari Giovanni Macchine itself accepts work in connection with a Product, the work and the price will be described in advance as much as possible. If the work is carried out on location of the Customer, the Customer ensures good access to the work, all utilities and a safe working environment.
6.4 The Customer loses his claims against Cristofari Giovanni Macchine in any case if:
– third parties have carried out work on the Product without Cristofari Giovanni Macchine’s permission
– the Product has been used improperly, for example: when used other than for normal purposes, when overloaded, when using the wrong fuel or oil, maintenance contrary to the applicable guidelines, improper operation or use.
– changes have been made to the Product that were not carried out in accordance with Cristofari Giovanni Macchine’s advice or with Cristofari Giovanni Macchine’s permission.

7. Trade-in of machines

7.1 If the sale includes the exchange of a machine from the Customer and it has been agreed that the Customer may continue to use the machine until the time of trade-in, the Customer is obliged to
maintain the machine with due care and keep it insured.
7.2 Ownership of the machine to be traded in will only be transferred when the machine to be traded in comes into the possession of Cristofari Giovanni Macchine. Until then, the risk of the machine lies entirely with the Customer.
7.3 Cristofari Giovanni Macchine inspects the machine as soon as it comes into its possession. If Cristofari Giovanni Macchine is of the opinion that the machine is no longer in the condition it was in at the time the purchase agreement was entered into, or if there are defects that Cristofari Giovanni Macchine was unable to identify at the time the purchase agreement was entered into, Cristofari Giovanni Macchine is entitled to refuse trade-in or to make an adjustment to the purchase price.

8. Choice of Law and Choice of Forum

The relationship between Cristofari Giovanni Macchine on the one hand and the Customer or Supplier on the other is exclusively governed by Italian law.