General Conditions of Sale

The customer:

1. Undertakes to comply with the provisions of Article 14 of Regulation (EU) 2017/745 and subsequent amendments and to maintain appropriate records to highlight the activities carried out and the checks provided for in this document.
2. If he believes or have reason to believe that a device made available on the market is not compliant with Regulation (EU) 2017/745 and subsequent amendments, he shall inform immediately the manufacturer (i.e. by e-mail within 12 hours from when he becomes aware of the event). He cooperates with the manufacturer and competent authorities to ensure that the necessary corrective actions are taken to bring this device into conformity, withdraw it or recall it, as appropriate. If he considers or has reason to believe that the device presents a serious risk, he shall also immediately inform the competent
   authorities of the member States in which it has made it available, providing in particular precise information on the non-compliance and on any corrective actions taken.
3. He is not authorized to generate commercial, advertising and technical documentation relating to the products in question without prior authorization from the manufacturer.
4. He is not authorized to modify in any way the products (by way of example, but not limited to: varying the intended use), the labeling, their packaging and the accompanying documentation.
5. If he has received complaints or reports from healthcare professionals, patients or users regarding alleged incidents relating to a device that he has made available, he will immediately send this information to the manufacturer (i.e. by e-mail within 12 hours from when he becomes aware of the event). He keeps a register of complaints, non-compliant devices as well as recalls and withdrawals, and keeps the manufacturer informed of this monitoring and provides all the information requested by it.
6. He cooperates with the competent authorities, upon their request, for any action taken in order to eliminate the risks presented by the devices he has made available on the market. At the request of a competent authority, he provides samples of the device free of charge or, if this is impossible, guarantees access to the device.
7. He is not authorized to carry out technical assistance activities relating to the products in question, in the absence of prior explicit authorization by the manufacturer and appropriate training. In this case, he carries out the activity on the basis of the specifications defined during the training and / or on the shared documentation and keeps the appropriate records, making them available upon request by the manufacturer.
8. He guarantees the archiving of the registrations generated by the performance of the activities covered by this agreement for at least 10 years from the delivery of the medical device to which they refer.

VALIDITY
The prices in this price list are valid until a new price list is released. We therefore ask you to contact your agent or the Company to verify the correctness of the prices. Domino srl also reserves the right to change prices in the event of sudden changes in costs. In this case, the Company reserves the right to inform customers having orders in progress of the price changes that have occurred.

PRICES
The price column must be understood as the recommended retail price including VAT. For the order of each item, the minimum packages indicated or multiples thereof must be respected, where present.

TRANSMISSION OF ORDERS
The contractual conditions indicated are considered accepted when the distributor sends the purchase order to Domino srl in the manner provided. The following methods are possible: through the area agent or the distributor. In any case, only written orders are accepted.

DELIVERIES
The agreed delivery terms must be considered indicative, therefore Domino srl is not required to pay compensation for any direct or indirect damage due to delays in deliveries, suspension or cancellation of the shipment if independent of its will or caused by force majeure.

PACKAGING
The packaging of the material is free, except for special customer requests.

TRANSPORT
All prices are intended ex-works of Domino srl. The following are subject to calculation of a contribution to transport costs: any triangulations, deliveries to floors other than the ground floor, deliveries with tail lifts, deliveries of Home Fitness equipment such as exercise bikes and running mats, ball shooters and the Kineo line.

PAYMENT
Payment for the first supply must be made upon delivery of the goods (in cash or by cashier’s check) or in advance. The payment deriving from a commercial agreement will be reserved for subsequent supplies.
Domino reserves the right to modify the payment terms without notice in the event of a change in
commercial references or non-compliance with the agreed timing by the customer.
Payments are due within the agreed terms even in the event of delay in the arrival of the goods or
breakdowns, partial or total losses occurring during transport, as well as in the event that the goods made available are not collected by the customer.
In cases of delayed payment, a debit note will be issued for the interest on arrears corresponding to the official discount rate increased by 5%.

INSURANCE
The goods always travel at the risk and peril of the buyer. Any damage caused by the courier will be
reimbursed in accordance with the law. Also in this case, please note the observations and
reservations on the shipper’s bulletin, and send it to Domino srl.

GOODS RETURNED FOR REPAIR
The management of returns for repairs is governed by its own procedure (RMA) referred to below.

RETURNS PROCEDURE (RMA)
Call the sales offices of Domino srl for commercial returns, or the assistance office for repairs. Explain in detail the nature of the problem. In the case of goods under warranty: use the courier number that will be given to you for shipment to Domino srl in Port Assigned. Couriers other than those affiliated with Globus and / or with extra-convention transport costs will not be accepted. In case of goods not under warranty: send at your own expense.
All goods received without the delivery note and / or the return authorization number (RMA) will be
strictly rejected at the expense of the recipient or held for 6 months at the warehouse and then sent to the landfill.

WARRANTY REPAIRS
Repairs under warranty must be sent to Domino srl with a copy of the sales receipt or other sales
document.

OUT-OF-WARRANTY REPAIRS
In the case of out-of-warranty repairs, an estimate will be provided and the repair will be carried out only after acceptance of the same by the customer.

DISPUTES AND COMPETENCES
The exclusive jurisdiction of Treviso’s Judicial Authority is established.