- Inspection: The customer is required to verify and inspect the work performed by Jobson Italia srl in the presence of Jobson Italia srl and, once the necessary checks have been made, will sign the delivery note which will be valid as a document of acceptance of the work. In the event of defects or faults in the work, the customer is obliged to give immediate notice to Jobson Italia srl with a detailed description of the problems and faults themselves.
- Subcontracting: In the event that it becomes necessary, due to the nature of the work entrusted to Jobson Italia srl, to use specialized personnel not present in Jobson Italia srl, the client gives consent and authorization to Jobson Italia srl to grant part of the work as a subcontractor to firm and/or company chosen by Jobson Italia srl.
- Order: The purchase order and/or job order shall be considered accepted with the affixing of the signature by the customer sent to Jobson Italia srl. After receipt of the order and/or job order these cannot be cancelled except with the approval of Jobson Italia srl.
- By accepting these general conditions, the customer agrees to receive from Jobson Italia srl technical and mechanical interventions of qualified manpower for any type of repair and/or maintenance work on the customer’s equipment and/or apparatus foreseen by the individual orders.
- The general conditions of service contracting (hereinafter referred to as “conditions”) are to be considered binding on the customer. In case of conflict between individual clauses, those individually signed for acceptance by the customer will prevail.
- Transfer of Risk: The customer agrees to bear the risk of loss of or damage to the equipment to be repaired if it must be transported for repairs to Jobson Italia srl and/or other workshop. The customer hereby grants Jobson Italia srl consent to make changes of parts or addition of parts that are necessary or that Jobson Italia srl deems necessary for the execution of the assignment. With the signing of the delivery note, provided for in point 3, Jobson Italia srl will remain responsible for the execution of the work only for flaws or defects related to willful misconduct and gross negligence.
- Contracting mode: Service contracting is offered to customers in two different modes:
A) inturnkeymode: prior evaluation of the whole work, fixing the price including labor, travel and accommodation expenses, material/spare parts needed.
B) in the ” Time and material basis” mode”: sum of labor costs for each day worked (8 hours of daily work) plus a percentage for overtime and/or night and/or holiday work for each hour worked, in accordance with Italian regulations, plus travel costs, costs of material/spare parts used, and daily per diem for technicians employed.
In both modes of the contract, costs are agreed with the client.
Once signed, the job order containing the details of the activities performed will bind the client even if it is signed by the client’s staff or their representative.
- Extra work: Any assistance and work performed by Jobson Italia srl, on behalf of the customer, outside of what was agreed upon in the job order or material purchase will be considered extra work and quoted separately (or evaluated as an extension of time in time and material mode).
- Prices and forms of payment: The prices quoted by Jobson Italia srl are inclusive of taxes and duties if the service is offered on or in favor of ships, for services performed in favor of customers who are part of the European Communities the prices are not inclusive of taxes and duties or the like. Unless otherwise agreed upon, payments are made by direct remittance Payments shall correspond to the invoice amount and no less than the required amount will be allowed. Any costs for debt collection will be charged to the customer. Jobson Italia srl shall have the right of retention and security right over the customer’s equipment until full payment for the service provided has been made.
- Interest: If payment is made outside of the terms set forth in the preceding articles, the client shall also be liable to pay Jobson Italia srl the relative legal interest.
- Warranty:The warranty offered to the customer by Jobson Italia srl will last 6 months from the date of signing the delivery note attesting to the end of the work and its simultaneous acceptance by the customer. The client must give notice within 7 days of the occurrence of the defect for which warranty intervention is requested, to Jobson Italia srl so that it can verify the type of defect and intervene directly or through its own trusted company. The warranty is offered only on work done by Jobson Italia srl and not also for defects and faults arising directly from parts purchased from third parties or directly from the customer for which the warranty relating to the sale of the goods themselves applies.
- Duration: The six-month duration of the guarantee may, by agreement between the parties, be extended due to the manner and type of work under the contract.
- Exclusions: The warranty expressly excludes defects resulting from failure or poor maintenance of facilities. The warranty does not cover:
(1) negligence or other acts improperly performed by the client, its employees, or third parties commissioned by it.
2) material or components or designs supplied by the client or of the client’s own manufacture as well as parts or accessories used in the execution of the work that have not been expressly supplied, or their use agreed upon, with Jobson Italia srl.
3) Installations improperly performed by the customer or his auxiliaries.
4) Alterations or interventions by third parties not authorized by Jobson Italia srl on the work carried out by the latter.
5) Parts, accessories used in the performance of the work that have not been sold, supplied or expressly agreed with Jobson Italy srl .
Specifically, the warranty does not cover defects or faults derived from or related to the normal wear and tear or use of the material, nor does it cover the misuse or distorted use of the parts under the job order nor the failure or poor maintenance by the customer or its auxiliaries
The warranty does not operate if unserviceable or easily perishable material is used.
- Replacement parts or parts purchased from a third party will be subject to the warranty provided by the manufacturer and/or dealer.
- Limitations of liability:- Jobson Italia srl shall in no case be held liable for damage to goods including of damage related to products or parts repaired or maintained by the customer. In no case shall Jobson Italia srl be held liable for indirect damages including loss of earnings and/or profit of the client due to unusability of the equipment being repaired and/or maintained, or any other specific, contingent and/or accidental indirect consequence unrelated or connected to the work of Jobson Italia srl except in the case of malice. In no event shall Jobson Italia srl be held liable for damages not foreseeable by Jobson Italia srl at the time of the conclusion of the contract. Jobson Italia srl shall not be liable for damages resulting from work performed by the customer or third parties even if performed with the assistance of Jobson Italia srl. Jobson Italia srl shall be liable for direct damages resulting from work performed by its own personnel or work performed by third parties under the strict instruction of Jobson Italia srl personnel. In any case Jobson Italia srl shall not be liable for damages complained of more than six months after completion of the work.( subscription delivery notes). In any case the liability of Jobson Italia srl shall not exceed 1/3 of the price agreed upon in the contract.
15a. Insurance coverage
1.Jobson Italia srl has taken out with UnipolSai Assicurazioni the Third Party Liability and/or Workers’ Compensation Policy industrial and construction companies no. 1/39364/60/124963189 for the coverage of risks related to the following activities listed by way of explanation and not limitation: repairs of marine engines and their reconstruction, boilers, radiators, heat exchangers and anything else on board ships, electro-repairs, carpentry etc. as well as for supply of original and/or remanufactured spare parts including ancillary service activities. Policy guarantees are provided up to a maximum per claim of 10 million for direct damage to third parties, and up to 10 million per claim to employees ( per person up to 3 million);
2. The guarantee is also provided for damages arising to complete activities exclusively as a consequence of defective execution of the same up to a maximum of 1 million euros annually.
3. Jobson Italia srl may therefore be liable for compensation only within the limits of insurance coverage. Cannot be held liable for sums other than and/or in excess of those covered by the policy.
- Extension of Time: If delays in the execution of the contract are caused by acts or omissions or causes attributable to the client an extension of time for the completion of the work under the contract shall be granted to Jobson Italia srl having regard to the circumstances of the case.
- Sale of spare parts: The sale of spare parts or parts is in accordance with the general terms and conditions of sale.
- Termination of contract: In the event of either party’s failure to fulfill its obligations and the continuation of such failure within 10 days of receipt of the party’s registered letter specifying the failure and requesting a remedy, the performing party may immediately terminate the signed contract by giving further notice in writing to the defaulting party. If either party falls into bankruptcy proceedings or goes into liquidation, the other party may terminate the signed contract with immediate effect.
- Force majeure and fortuitous event: In any case, delays or non-performance resulting from fortuitous events or force majeure shall not be attributable to the parties. Force majeure is defined as fire, requisition, embargo, insurrection, lack of transportation, restriction on the use of energy, labor demonstrations, and generally any circumstances beyond the control of the parties. If force majeure circumstances continue for a period of more than three months, both parties shall have the right to terminate the signed contract by giving written notice and without incurring further liability.
- Privacy: Personal information provided by the customer is processed in compliance with the provisions of the Privacy Act. The aforementioned data will be processed using appropriate procedures to ensure their security and confidentiality. Processing will be for commercial purposes within the scope of and as a function of the execution of the stipulated contracts.
Personal data may be disclosed to third parties in Italy or abroad for the achievement of the above purposes.
Interested parties have the right to (a) to have confirmation of the existence of any processing of personal data concerning them (b) to obtain the cancellation, transformation, updating, rectification and/or integration of such data, c) to object to the processing of personal data for the purposes of commercial information and sending advertising material.
- Applicable Law and Jurisdiction: All contracts concluded on the basis of these general conditions shall be governed by Italian law. Any dispute that may arise between the parties regarding the validity interpretation execution of these general conditions and the contracts entered into on the basis of them, however pertaining to them, will be submitted to the exclusive jurisdiction of the La Spezia court.
Pursuant to Articles 1341 and 1342 of the Civil Code. I declare that I have read the general terms and conditions on the Jobson Italia srl website and declare that I approve in writing the individual clauses: 4 (Subcontracting); 6 (Transfer of Risk); 11 (Warranty); 12 (Duration) 13(Exclusions) 15 (Limitations of Liability);15bis (Insurance Coverage); 18 (Termination of Contract), 21( Applicable Law and Jurisdiction).