These General Conditions apply to all product sales between KDiesel Srl (Seller) and Buyer and prevail over any purchase conditions prepared by the Buyer and constitute an essential part of the purchase contract. Where there is already a commercial agreement between the parties and / or individual sales contracts for the Product, these Conditions of Sale constitute an addition to all previous agreements and / or individual sales contracts for the Product between KDiesel Srl and the Buyer. Any modification or addition to these General Conditions of Sale will be valid and effective between the Parties only if drawn up in writing and signed by KDiesel Srl. These general conditions concern all contracts and all orders executed even if not expressly confirmed by the Buyer, including orders placed as "open orders" or "on schedule". The acceptance of the Product by the Buyer will also be considered as acceptance of the general conditions of supply shown here.
All prices are expressed in EURO net of all incidental costs as well as net of any taxes, duties or disbursements. Any price updates are communicated upon confirmation of the order. The transport is "Ex works" (EXW).
The goods travel exclusively at the expense and risk of the Buyer and any complaints must be addressed to the Freight Forwarder who took charge of the goods and this as the delivery is intended to be made by the Seller on the day and time the load will be made. on the vehicle used by the carrier or shipper. If the transport is handled by KDiesel Srl, this information will be indicated on the order confirmation and related invoice. In this case, no complaints about the quality and / or integrity of the product and packaging will be accepted if the delivery document is not signed with reservations.
Payment is agreed with the Buyer at the time of ordering and will be indicated on the order confirmation and on the invoice. Payments cannot be suspended even in case of complaints about the goods. Failure to pay at the agreed deadline causes bank interest at the current rate increased by 2% to run in favor of KDiesel Srl. The Seller will not be required to grant any discount in the event of early payment of the Product. The Seller is authorized to issue an interest invoice and to send it to the Buyer and the invoice will be burdened by the costs that the Seller will have incurred for said activity. In the event of the issue of an interest invoice for late payment, the Supplier may charge all payments subsequently made by the Buyer to the balance of the invoice for interest and expenses and only for the remainder on payment of the Product supplied. The Seller reserves the right to suspend, sine die, the delivery of the Product in case of non-payment of the supplies. Any change or event that could objectively make the Buyer 's solvency or his willingness to pay for the supplied Product doubt, can be considered a reason for the Seller to suspend the supply of the Product. Upon receipt by the Buyer of the written communication by the Seller of suspension for the aforementioned reasons, the debts payable by the Buyer will be considered immediately past due and the sums all payable and this in derogation to what is otherwise agreed between the Parties.
The goods remain the property of KDiesel s.r.l. until it has been paid in full. The retention of title will in no way affect the transfer of risks and liability for the transportation and storage of the Product itself. Until full payment of the Product, the Buyer will be considered as a simple owner of the Product and consequently must keep it in perfect condition, as required by article 1768 of the Italian Civil Code.
KDiesel s.r.l. does not assume responsibility for the delivery term whose date has an indicative value only. In case of delay of the shipment of more than ninety days, the Buyer can cancel the order by written information. No compensation or indemnity will be due by the Seller either in case of cancellation of the order or in case of impossibility of supply due to force majeure or in any case independent of the Will of the Seller itself and in case of non-cancellation by the Buyer of the contract, a once the above 90 days delay has been exceeded. In any case, even considering that the delivery date is to be considered of a non-essential nature, the times of the same will start from the farthest of the following dates: date of the acknowledgment of receipt of the order; date of acceptance by the Buyer, if required, of all materials, equipment and executive details; date of completion by the Buyer of all preliminary contractual or legal obligations (e.g. import licenses, authorizations, ...)
The spare parts and equipment exclusive to KDiesel® although not original are interchangeable with the same.
Manufacturer reference numbers are for research purposes only.
Any complaints about the goods must reach us in writing within 8 days of receipt of the goods by the Buyer under penalty of forfeiture of any right and must contain the detailed list of defects or defects, the number of pieces on which they have been found, the methods by which the checks were carried out, the batch number and any useful element to allow the Seller the exact identification of the Product being disputed. The return of the Products will not be accepted by the Seller unless it has been previously authorized in writing by the issuance of a "Return Authorization" and the costs of the return will be borne by the Buyer. If defective parts are found in our technical inspection, our warranty is limited to their replacement, without compensation for any damage they cause or production stoppages. The warranty for replaced or repaired components is valid for 6 months from the delivery date and the costs for returning them to the Buyer in this case are borne by the Seller. For test benches and equipment, the warranty conditions are also present in the product user manual. If the seller does not find the presence of defects or defects complained of by the Buyer, the Product will be sent back to the Buyer at his expense.
All detailed warranty conditions are available on our website www.kdiesel.it.
The Buyer is entirely responsible for the failure to inform KDiesel Srl of the safety and protection of public health regulations in force in the country in which the Product is to be used. Any cost inherent in the compliance of the Product with the provisions of the legislation of the country in which it is to be used will be borne exclusively by the Buyer.
Pursuant to law n.196 / 2003, KDiesel Srl informs that the Buyer's data is processed and / or communicated to third parties (banks, external consultants, etc.) in compliance with the aforementioned legislation, for the execution of contracts.
For any controversy, the exclusive jurisdiction of the Court of Milan, Italy is expressly agreed. In the case of sales to foreign citizens or residents abroad, the parties expressly establish Italian law as the regulator of the relationship, also establishing Italian jurisdiction in the event of a dispute. The regulatory language of these Terms of Sale is Italian, despite any translation into another language. In the event of a discrepancy between the Italian text and the translated text, the Parties agree that the Italian text will prevail and that it will be the official document used to interpret these General Conditions.
Unless otherwise specified, all trademarks contained on the website are protected by law. The brands and graphic elements used on our website are the works of KDiesel s.r.l. The MONEA logo and iDiesel are registered trademarks owned by KDiesel s.r.l.
By acceptance of this account, I certify that I have read, understand, and agree to the following:
1. Computer accounts are issued by KDiesel on the conditions that their use will be limited to members and/or individuals of the company intended for the sole purpose of accomplishing KDiesel business.
2. I agree that I will use this account only for the purpose for which the account was issued
3. I agree to obey all rules concerning the use of the website.
4. I agree to respect the rights of privacy, the property rights, and the copyrights of data and computer programs belonging to KDiesel.
5. I agree that I will not attempt to access privileged system files or programs.
6. I agree not to make unauthorized use of any account or knowingly grant use of this account to unauthorized persons.
7. I understand that this computer account is for my use only, and providing my account information and password to any other person is a violation of this agreement and could result in the loss of my website access privileges.
8. I will respect the rights of all other users on the system and the Internet and will not knowingly use computing services in any way which is disruptive or damaging to the system, the Internet, or to any other users.
9. I understand that any abuse of the computer system, or disregard for rules and appropriate use of the Internet according to KDiesel Guidelines for Using the Website, can result in the loss of computing privileges.
10. I understand that this account will be active for the duration of my enrollment with KDiesel.
11. I understand that I am only granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the rules and regulations of KDiesel.
12. I understand that I am granted access to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that I maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by me in any litigation or arbitration matter whatsoever under any circumstances.
13. I understand that agree that www.kdiesel.com and www.kdiesel.it and others are service marks or registered service marks or trademarks of the property of KDiesel Corporation.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism of all or any portion of the Site or any Content and Material without prior consent from KDiesel.
KDIESEL S.r.l. manufactures its Test Benches and Equipment with parts and components that are new according to
The warranty rules are valid only if the Test and / or Equipment Bench is used in the conditions of intended use.
Any complaints about the goods must reach us in writing within 8 days of receipt of the goods by the Customer under penalty of forfeiture of any right and must contain the detailed list of defects or defects, the number of pieces on which they have been found, the methods by which the checks were carried out, the batch number and any useful element to allow the manufacturer to identify the exact Product being disputed.
With the exception of the ordinary and extraordinary maintenance interventions described in section MAINTENANCE (where present) and carried out with the indicated procedures, any repair or modification made to the Test Bench and / or Equipment by the Customer or by unauthorized companies by KDiesel, determines the invalidation of the warranty. The warranty does not extend to damage caused by inexperience or negligence in the use of the Test Bench and / or Equipment, or by bad or omitted maintenance.
The use of unauthorized hardware and software (where present) implies an alteration of our products and therefore the exclusion of any liability and warranty, even if in the meantime the hardware or software has been removed or canceled.
No changes can be made on our products! Our products can only be used with KDIESEL accessories and spare parts. Otherwise, all warranty claims expire.
Our Product can only be used with operating systems authorized by KDIESEL. The use of an operating system other than the authorized one extinguishes our guarantee obligation.
Furthermore, we are not liable for direct and indirect damages caused by the use of an unauthorized operating system.
It is the Customer's responsibility to ensure that any accessories supplied by third parties (e.g. modem or network card),
installed on the machine by the Customer or at his request, are compatible with the Product and do not degrade the correct one
For Test Benches and Equipment all warranties are limited to the use of the Product with the software installed as supplied and explicitly exclude proper operation or any interaction between the Product software and any software and / or hardware provided by third parties and installed on the machine. The installation of third party software can be considered as abuse of the Product.
Similarly, it is essential that the Product is used correctly and in accordance with the instructions in the manual and the messages shown on the display.
Failure to comply with the requirements mentioned so far can be treated as abuse.
1. The warranty is valid for a period of twelve (12) months.
2. The manufacturing company undertakes to replace the malfunctioning or incorrect parts at its discretion
manufacture, only after careful control and verification of bad construction.
3. Transport costs to the manufacturer are always paid by the buyer.
4. It is necessary to ship the defective component or part in the original packaging or equivalent to it; with
shipping costs charged to the Customer and to insure the shipment or to accept the risk of loss or damage
during the shipment.
5. The shipping costs for the return will be borne by the manufacturer only for the defective component or part repaired or replaced under warranty.
6. During the warranty period, the replaced products become the property of the manufacturer.
7. Only the original purchaser who has respected the normal indications can benefit from this guarantee
maintenance contained in the manual. Our liability for the guarantee expires when the
original owner transfers ownership of the product, or changes have been made to it.
8. The warranty does not include damage resulting from excessive stress such as the use of the product
after the finding of an anomaly, the use of inadequate operating methods as well as failure to do so
observance of the instructions for use and maintenance.
9. Repair or replacement of one or more components does not extend the warranty of the Product. The warranty for replaced or repaired components is valid for 6 months from the delivery date.
10. The manufacturer assumes no responsibility for any difficulties that may arise in the resale or
in use abroad due to the provisions in force in the country where the product was sold.
11. The defective product or part of the product must be delivered to the manufacturer for replacement; in case
otherwise the replaced part will be charged to the buyer.
12. In particular, the following aspects are excluded from any express or implied warranty of the machine:
- damage caused by a poor quality power supply that is not compliant with what is stated in the
- wear and damage to the protective cover of the touch screen monitor, unless resulting from factory defects or
- damage to the pc / monitor, for example due to the infiltration of oil or dirt.
- damage to the printer resulting from the infiltration of dirty workshop oil or other type of abuse.
13. The warranty only covers defective parts and their replacement / repair, without any compensation for any damage caused by them or production stoppages.
if the use of the guarantee is deemed necessary, please indicate the following
1 Product model and Serial number
2 Purchase date (presentation of the purchase document)
3 Detailed description of the problem
FAILURE TO RESPECT THE PROCEDURES FOR INTERVENTION AND USE OF THE TEST AND / OR EQUIPMENT BENCH
DESCRIBED, THE WARRANTY TERMS VOID.
The warranty does not cover machine downtime, production failure and / or anything else.
The return of the Products, the subject of a complaint, will not be accepted by KDiesel, unless it has been previously authorized by it in writing by issuing a "Return Authorization" (MRR).
The return form (MRR) can be downloaded and / or consulted on the appropriate page of your MySpace.
INFORMATION NOTICE TO CUSTOMERS, SUPPLIERS, PARTNERS AND OTHER DATA SUBJECTS, PURSUANT TO ART. 13 OF EU REGULATION NO. 679/2016
In his position as Data Controller, KDiesel S.r.l., from KDiesel S.r.l. (05280430967), a company located at Via Fabio Filzi, 15 , 20032 Cormano, (MI) would hereby like to provide the following information to all individuals operating on behalf of suppliers and customer companies, involved in contract and pre-contract activities with the company KDiesel
S.r.l. tax ID code no. 05280430967 , pursuant to Art. 13 of GDPR no. 679/16 – the European “General Data Protection Regulation”.
The personal data being processed refer to personal or contact details provided or received by the Data Subject in the following occurrences:
- visits, telephone calls or e-mails;
- direct contacts through attendance in events etc.;
- business enquiries and proposals, quotations and tender bids;
- queries submitted via our Website or our suppliers’, customers’, partners’ and other Data Subjects’ Websites;
- communications and transactions following a purchase order for the supply of goods or services (whether supplied or procured).
The personal data of any individuals operating on behalf of suppliers or customer companies as well as other Data Subjects are processed for the following purposes:
- forwarding communication via various media (landline, mobile, text, e-mail, fax, regular mail etc.);
- placing enquiries or responding to enquiries being received;
- exchanging information aiming at contract performance, including pre- and post-contract activities as well as support services;
- fulﬁlment of legal and regulatory obligations and compliance with EC standards, or abiding by orders issued by duly authorized public authorities or supervisory and governance bodies that the Company is subject to (such as tax assessments and the like).
Data Subjects may refuse to submit their personal data to the Data Controller. However, providing personal data is required for the proper and eﬀective management of contracts with suppliers, customer companies as well as other Data Subjects involved in the Data Controller’s business activities. Therefore, failure to provide personal data may fully or partly prevent the proper performance of contracts or pre- and post-contract activities.
The personal data submitted to the Company shall be processed in the performance of the pre- and post-contract activities arising from the execution of the existing contracts and agreed upon with suppliers and customer companies, or requested by the company pursuant to Art. 6.1, para. b) of GDPR, or the fulﬁlment of legal obligations pursuant to Art. 6.1, para. c) of GDPR.
The personal data submitted by Data Subjects shall be processed fully abiding by lawfulness, fairness and transparency principles, by means of manual or automated systems, including recording said data in suitable databases, lists and ﬁles with a view to data retention, management and transfer, with the methods and restrictions required to achieve the aforesaid purposes. The Company has the proper data security measures in place to protect the personal data of any individuals operating on behalf of suppliers and customer companies. Data shall exclusively be processed by authorized personnel with a view to the purposes of data processing. The Company does not perform automated decision-making processes for said purposes.
The personal data processed by the Data Controller shall not be transferred or disclosed to undetermined individuals in any form whatsoever, including their availability or simple reference. However, said data can be communicated to the Data Controller’s personnel as well as their contractors, still in full compliance with the stated purposes. Namely, data can be processed by those employees/contractors whose positions and tasks involve their being authorized to process personal data, trained to do so within the scope of their capacity and in compliance with the instructions provided by the Data Controller. Furthermore, as strictly required, said data may be communicated to any individuals or entities that must supply/deliver goods and or perform/be provided services upon our/your request, for purposes connected to order issuing or business enquiries and quotations or proposals as well as our services. For purposes connected to IT network, SW application and connection support services, said data might be accessed by our duly authorized engineers or consultants or operators from companies provided the aforesaid services and appointed as Data Processors. Finally, said data may be communicated to any individuals or entities whose access is authorized by virtue of law provision, regulations or EC standards.
The Data Controller does not transfer any personal data to foreign countries or international organizations. Even though all entities processing data on behalf of the Company as third-party Data Processors are located within the European Union, in the future said data may be required to be transferred to extra-European entities located in countries where ad adequate personal data protection level is not guaranteed to comply with the European Data Protection Regulation 679/2016. If necessary, the company will only transfer data to extra-European countries after adopting all the applicable measures required by the European Regulation and obtaining the required guarantees by data processors as well as the consent of Data Subjects.
Personal data shall be processed and retained by the Data Controller for as long as required for the aforesaid purposes, and in any case no longer than 15 years, unless otherwise required for the Company to abide by legal obligations or exercise its rights, including in legal proceedings.
Personal data shall be destroyed or deleted when their retention is no longer required.
In your position as data subject, you can exercise the following rights, as provided for by Articles 15 through 21 of the GDPR:
- right to access, that is, to obtain conﬁrmation as to whether or not personal data concerning you exist and are processed, and be provided information as to processing purposes, personal data categories being involved, Data Recipients, especially if located in foreign countries, data retention period, where possible, and data processing method;
- right to amendment or integration of the data;
- right to data erasure, should data processing not be required for the relevant purposes or if the Data Subjects should decide to withdraw their consent or oppose data processing, or should data be processed unlawfully;
- right to request the restriction of data processing in the event that the correctness of personal data is challenged, for as long as required to perform the relevant assessment or if said data are processed unlawfully, or if you request the retention of your personal data for judicial purposes though the Data Controller no longer needs them;
- right to request Data portability to another Controller, should data processing be performed by automated means or is based on the Data Subject’s consent;
- right to oppose data processing.
Where applicable, you can exercise the aforesaid rights by writing to firstname.lastname@example.org, specifying the reason for your request, the right that the Data Subject intends to exercise and attaching a copy of your proof of ID to prove the lawfulness of your request.
Data Subjects have the right to put forward a complaint to the Data Protection Authority in their country of residence.
The Data Controller shall be KDiesel S.r.l. – from KDiesel S.r.l. (05280430967), a company located at Via Fabio Filzi, 15 , 20032 Cormano, (MI), that you may contact for any queries on your personal data processing, to be sent to the aforesaid address or the following e-mail address: email@example.com
As a consequence, would you please disseminate and communicate this information notice to any and all individuals (whether employees, contractors, sub-suppliers and the like) whose names and/or personal data are submitted to our Company for various reasons, within the scope of the proper performance of contract or pre-contract activities with KDiesel S.r.l.