CONDITIONS OF SALE
Radial Clutch makes its products available with transparency. We are always available for any clarifications at: info@radialclutch.com.
Thanks and happy reading!
- CM Engineering S.r.l.
The company has its registered and operational headquarters in RIMINI (RN) VIA GIORDANO BRUNO 51 CAP 47921 – Italy, VAT number 04552870406 and specifically designs and manufactures general components for motorcycles including an innovative anti-hopping device for motorcycles with dry or wet clutches oil.
The care and quality of the materials with which it is made make it a product with highly reliable characteristics. The dynamics that arise with this device allow the rider to manage and personalize the feeling he wants to have with the motorbike based on his own riding style and the route to be tackled. The product allows an adjustment that can be customized by the rider through which the exact feeling with the motorcycle can be found. - GENERAL CLAUSE
The following general conditions of sale (hereinafter “CGV”) refer to all sales and supply contracts relating to Radial Clutch products, or products of other brands included in the CM Engineering s.r.l. catalogues. The sale of Radial Clutch products is regulated by the following GSC which with the issuing of the order by the Customer are considered automatically accepted and constitute an integral part of the contractual relationship between CM Engineering s.r.l. and the Customer. Any modification, addition or derogation is valid only if it has been accepted in writing by CM Engineering s.r.l. as a supplement to the GCS. - CONCLUSION OF THE CONTRACT
The sale will take place through direct negotiation by the pro-tempore legal representative of CM Engineering s.r.l. with the customer; the contract will be considered concluded with the delivery of the product.
Orders received by CM Engineering s.r.l. entail the necessary approval of the GCS reported here; without such acceptance CM Engineering s.r.l. will not assume any contractual commitment towards the customer and the customer’s order will be rejected. - CUSTOMERS
In the case of sales to professional customers, the relationship between CM Engineering s.r.l. and customers is not governed by consumer protection regulations including in particular Legislative Decree 24/2002 and subsequent amendments and articles. 1469 bis et seq. of the Civil Code. - PRICE
The price of the product is expressed in Euros and agreed orally from time to time. If the customer is Italian, VAT is included, if he is a foreigner, the price does not include VAT.
Shipping costs and any customs duties are excluded from the price and, unless otherwise agreed between the contracting parties, remain the responsibility of the customer. The price may undergo variations based on the fluctuations in the costs of the materials needed to create the products and resulting in the market price lists or otherwise documented. - SHIPPING AND TRANSPORT
Delivery and transport costs are the responsibility of the buyer. The goods travel at the risk of the customer and therefore CM Engineering s.r.l. declines all responsibility for any damage suffered by the products being shipped from the moment they leave its warehouse, unless the customer explicitly requests to insure the shipment by paying the difference in cost. Upon receiving the product, the customer must make sure of the integrity of the product and the packaging; if you find any damage, you must promptly report it to the carrier and also inform in writing no later than 24 hours from the delivery date CM Engineering s.r.l.. CM Engineering s.r.l. assumes all responsibility in the event that the damage encountered by the customer does not derive from events attributable to shipping/transport but rather to events attributable to the production of the product itself. - DELIVERY AND FULFILLMENT
Delivery will take place according to the methods agreed upon at the time of the order. In the absence of agreements, CM Engineering s.r.l. will send it according to the methods deemed most suitable. Orders will be processed as quickly as possible and in any case within 50 working days. In case of failure to collect within 7 days from the date of communication of ready goods, CM Engineering s.r.l. reserves the right to charge the relevant storage costs. - INVOICES AND PAYMENTS
Any complaints or disputes on invoices will be accepted provided they are received by return letter or fax within 8 days from the date of receipt of the invoice itself. Delay in payment, even partial, of invoices beyond the agreed deadline will give rise to the immediate commencement of default interest, calculated, in the event that customers are legal entities, at the rate indicated in Legislative Decree 2002 n.231. Failure to pay invoices will give the seller the right to suspend or cancel the processing of any other orders in progress, without the buyer being able to make claims for compensation, compensation or otherwise. - COMPLAINTS
Within 8 days of receipt of the goods, of which the buyer is responsible for verifying the condition upon receipt, the buyer must promptly notify any complaints regarding the quantity and quality of the goods. After this deadline the goods will be considered accepted and any complaints will not be taken into consideration. - USE, INSTALLATION AND MAINTENANCE OF THE Radialclutch
The product is designed and manufactured in compliance with the highest quality and according to the specifications indicated by the manufacturer himself.
Due to its particular technical characteristics, the product is not approved for use on public roads; the Radialclutch device is intended exclusively for competitions and is therefore not permitted to be used on public roads.
The product is not intended to be used other than that for which it was designed and manufactured. - DISCLAIMER OF LIABILITY
CM Engineering s.r.l. is relieved from any and all liability in any capacity deriving from use of the product outside the aforementioned limitations and/or due to normal wear and/or problems related to comfort, the presence of noise, vibrations or poor driving fluidity. Any modification or tampering with the product may compromise its safety and, in any case, will invalidate the guarantees provided by CM Engineering s.r.l.. - GUARANTEES
The seller provides a guarantee for the product it creates and markets within the limits
in which they are used for the specific purposes for which they are intended, i.e. their exclusive use in sporting competition environments, races, sporting events. - PROPERTY RIGHTS OF Radialclutch
The ownership right of Radialclutch is the total and exclusive property of CM Engineering s.r.l. and its use within the scope of these GCS does not create, in relation to it, any right or claim for the customer. The customer undertakes not to carry out any act incompatible with the ownership of the property rights of CM Engineering s.r.l.. The Customer declares that: CM Engineering s.r.l. is the exclusive owner of the Brand; will refrain from using and registering trademarks that are similar and/or confusingly similar to the Trademark; will use the Brand exclusively in compliance with the instructions of CM Engineering s.r.l. and exclusively for the purposes set out in these Conditions of Sale. - APPLICABLE LAW AND JURISDICTION
The sale between CM Engineering s.r.l. and the customer is governed by Italian law and is subject to Italian jurisdiction. The resolution of any dispute will fall under the exclusive jurisdiction of the Court of Bologna. - PROCESSING OF PERSONAL DATA
The processing of personal data takes place using manual, IT and telematic means with the established methods and in any case with all the necessary precautions in order to guarantee the protection of the information and its confidentiality. Personal data is processed by CM Engineering s.r.l. for purposes related to its business and therefore to the issuing of documents and communications relating to commercial relationships.
These general conditions of sale were drawn up in February 2016 by the STUDIO LEGALE STRAZZARI – Via Galliera n. 2, Bologna – web site: www.strazzari.info