- For any contract, the following conditions are the ones exclusively worth, even in the case in which different conditions and terms of the applicant are not explicitly contradicted.
The execution of type approvals and of tests, as well as of other tasks, like the evaluations, will be done according to the scientific and technical regulations, recognized as valid in conformity to the rules on the subject. The control operations concern, if not differently specified by the applicant, all the activities expected from the equivalent regulations of the applicable rules.
Our type approvals, evaluations and tests, together with the related documents we release, are permanently valid, in accordance with current legislative provisions. We therefore reserve, at any time, our right to make further tests and evaluations to verify their conformity to the current legislative provisions. In case of tests and evaluations with negative outcomes, the costs for further tests and evaluations are charged to the customer. In the case of changes or news concerning the legislative provisions we got to know, we can restrict or revoke the validity of reports and evaluations previously provided. Our warranty exclusively covers the provision of services specified in the object of the contract. It concerns neither the functioning of parts of the item to be homologated, nor the choice of the materials or the proper construction system, unless explicitly specified in the application. In the case of an eventual extension, required or come up during the execution of the evaluation, it must be confirmed in writing. If no agreement can be reached about the extension become necessary, each side has the right to terminate the contract and the services already provided must be paid in any case.
- The terms negotiated with reference to the performance of a procedure are not binding.
In the case of damages due to voluntary violation of a contractual obligation – except for those cases specified above in par. 3 – damages caused by us or our coworkers, we will be liable only in accordance with statutory provisions and, under no circumstances, the responsibility of ATS S.r.l. can be undermined. We and our coworkers assume no other liability, whatever the legal reasoning.
Concerning the invoice of the services provided, we conform to our rates in force, unless different prices or dispositions have been explicitly agreed. Further costs charged to third parties get invoiced to the clients with a maximum increase of 20%.
With reference to assignments which last more months or which include a total sum higher than 1500€, it’s possible to issue invoices for part payments, with details about the progress of work. In the case of assignments with a significant amount, it’s highly probable the request of an advance payment. Delayed payments of the applicant, authorizes us to terminate the contract and/or to ask the right for compensation for damages for anticipatory breach of contract. The services already provided must be paid in any case. Eventual objections/complaints concerning the invoices must be submitted in writing within ten days since the date in which the invoices have been received. The amounts of the invoices must be entirely payed within the deadlines specified in the same invoices. The payments of the invoices will be effected by means of bank receipt issuance, unless differently agreed. In the case of delayed payments, the applicant is obliged to pay interests on arrears, to the extent of the ECB rate within the reference semester, plus five percentage points. Furthermore, in the case of serious payment delays, we reserve our right to nullify the validity of our reports and evaluations already provided. All the documents requested are considered property of our society until the fulfillment of the payment.
- The compliance of the product (from now on CoP) depends on the Regulation applied.
Such compliance is obligatory before the release of the first type approval and later, at least every two years, must be repeated in order to verify the actual persistence of the same compliance. The days required to arrange the inspection to obtain the CoP depend on the Regulation to which the type approval refers and will be the same to those required for the initial inspection. During the inspection to obtain the CoP, the samples of the component for which the type approval has been required must be tested, together which the test laboratories and the related equipment. In any case, before proceeding for the inspection for the CoP, the manufacturer must send to the Technical Service the information concerning all the procedures, applied during the production, which concern the compliance of the product. Only after the fulfillment of such requirements, the Technical Service will arrange and provide the related visit for the inspection. The costs for the next inspections will be equal to that of the initial inspection.
- In the case of any legal litigation about what agreed in the contract, the competent tribunal will be exclusively the San Marino Court.