Terms of service
1. SUBJECT MATTER OF THE CONTRACT
The subject matter of this contract is the provision of services supplied by AG SISTEMA s.r.l., which holds full ownership thereof, for carrying out events, catering and related activities, as described in the quotation, at the price and for the period indicated therein, within the limits and in accordance with the contractual provisions set out in these general terms of service.
2. ORDER ACCEPTANCE AND PAYMENT TERMS
For the proper execution of the requested service, the order shall have no validity until AG SISTEMA s.r.l. has received it signed for acceptance, together with these General Terms of Service; it must be sent by e-mail to: nolo@agsistema.it.
Completion of the confirmation procedure requires payment, as a confirmatory deposit (caparra confirmatoria), of 30% of the amount resulting from the order, failing which the agreement shall be terminated.
The balance must be paid no later than seven working days before the event, as follows:
Bank transfer payable to: A.G. Sistema s.r.l.
IBAN IT26T0538713705000048015958
BIC: BPMOIT22XXX
Payment terms are to be regarded as essential, and any delay in payment, even of a single day, will result in the application of default interest pursuant to Italian Legislative Decree 231/2002, as subsequently amended and supplemented.
3. IMPORTANT NOTICE
Please note that the availability of the requested services is verified following confirmation of the order, as provided for and governed by the preceding clause (point 2).
Only upon receipt of the signed contract and payment of 30% of the total order amount will the actual availability and the feasibility of the Client’s request be verified.
4. PENALTY DEPOSIT (CAPARRA PENITENZIALE)
In the event of cancellation, withdrawal, termination and/or any act and/or declaration interrupting the order for the requested services communicated by the Client, the Lessor shall retain the amount of the deposit received.
In the event of cancellation, withdrawal, termination and/or any act and/or declaration interrupting the order less than 7 working days before the event start date, the Lessor shall be entitled to payment of the entire agreed consideration (Article 1386 of the Italian Civil Code).
5. “SOLVE ET REPETE” CLAUSE
In any event, the Lessee may not raise any objection regarding the performance of the contractual service by the lessor company unless it has fully complied with its own obligations, concerning in particular payment for the service, expenses and any compensation for damage caused.
6. MINIMUM RENTAL REQUIREMENTS
At the time of ordering, the Client must expressly state whether the delivery location is in a pedestrian area and/or a limited traffic zone (ZTL), and must provide the permits required to access the unloading area. Any access difficulties, both for the entry of vehicles and for the unloading of the materials at the destination, must also be communicated.
In the absence of such communications, should the above circumstances arise, unloading will be carried out at the location closest to the one indicated that is reachable by our vehicles, in order to avoid infringements and/or damage to vehicles and structures.
7. DELIVERY AND UNLOADING OF MATERIALS
The materials may be delivered to the recipient’s premises, with travel costs varying according to the distance, the vehicles used and the personnel required for unloading1.
Unloading is carried out by our staff at ground-floor level of the delivery location, for an estimated maximum time of approximately 30 minutes.2
The materials will be delivered clean, packed and sterilised, in the appropriate containers.
All table linen (e.g. tablecloths, napkins, runners) will be delivered clean and ironed; however, all fabrics, once folded for transport or warehouse storage, naturally develop creases, and since these are items that cannot be transported unfolded, it will never be possible to deliver table linen without creases. The Client must, at its own expense and with its own resources, iron the fabric once it has arrived at the venue, using an ordinary iron or a steam iron, or alternatively arrange with the Supplier for the dedicated ironing service.
The materials must be checked by the Lessee together with an AG SISTEMA s.r.l. employee, both at the time of delivery and before collection.
1 Delivery and collection rate per single van: €0.80 per km + €25 + VAT per hour or fraction thereof for each driver, plus any ZTL or parking charges for the unloading stop.
2 Beyond 30 minutes, an additional handling charge of €25 + VAT per hour or fraction thereof applies for each operator.
8. CLIENT’S LIABILITY
From the moment the rented equipment is delivered, the Lessee shall act as its custodian and guarantor, exercising the diligence of a good head of household (bonus pater familias) pursuant to Article 1176 of the Italian Civil Code, and shall be solely liable until the equipment is returned to the Lessor.
9. RETURN OF MATERIALS
The materials shall be returned promptly, at the place and in the manner indicated at the time of ordering. The materials will be collected dirty. Washing of the materials is the responsibility of the lessor company.
At the time of collection, the goods must be placed back exactly in the appropriate containers and in the same manner used for delivery (in particular MOCA items – Materials and Objects in Contact with Food – free of liquid residues and organic solids) and positioned in the most convenient place for collection.
Any missing or broken items (including chipped or dented materials) found at the warehouse of A.G. Sistema s.r.l., after washing and re-storage, within the seven working days following collection of the goods, will be reported and invoiced to the Client at the price indicated in the price list.
10. DURATION OF THE CONTRACT, LATE OR FAILED RETURN OF THE RENTED GOODS.
The contract shall have the duration indicated in the rental proposal and, unless otherwise specified, is generally understood to be for a single Event/Day, excluding any delivery and collection days where transport is the responsibility of the lessor company.
The return date indicated in the rental proposal is to be considered mandatory and non-extendable, unless otherwise agreed between the parties. Early return shall not constitute grounds for a reduction of the fee due for the rental; therefore, the Lessee shall in any case be required to pay the Lessor the entire agreed consideration, up to the end of the rental period.
11. COMPLAINTS
Any complaints regarding the delivered materials must be submitted at the time of delivery, in which case replacement will be carried out at no additional transport cost. For complaints received in the following days, delivery costs will be charged.
12. PROHIBITION OF SUBLETTING AND ASSIGNMENT OF THE CONTRACT.
The Lessee is prohibited from subletting the rented goods, whether free of charge or for consideration, without the prior written authorisation of the Lessor.
13. FORCE MAJEURE
In the event of accidents or damage of any kind to plants or vehicles, difficulties in the supply of materials, lack of electricity, gas or water, strikes or other events, and in all cases of force majeure not attributable to the responsibility of A.G. Sistema s.r.l., the latter may suspend or cancel orders without the Client being entitled to claim any compensation for damages.
14. DATA PROCESSING.
Pursuant to the legislation on the processing of personal data under Italian Legislative Decree 196/2003, as subsequently amended and supplemented, the parties mutually consent to the processing of the personal data necessary for the fulfilment of the contractual obligations.
Registered Office: Viale Luporini, 1172 - 55100 Lucca (LU) – Italy
(+39) 0583 1711617 - (+39) 344 3449406
Certified e-mail (PEC): agsistemasrls@legalmail.it
Operational Office: Viale Stipeti, 35 - 55012 Guamo (LU) - Italy
VAT No. 02416950463 - SDI: W7YVJK9
Website: agsistema.it