General Terms and Conditions

1) Object of the sale and contract formats
2) Production and sale on commission of spare parts not to be considered finished components
independent technical unit (repair clause)
3) Tuning and restyling
4) Payment
5) Delivery/Shippping
6) Copyright and reproduction rights, confidentiality and privacy clause
7) Relations with consumer buyers
8) Jurisdiction
9) Subsidiary rules
10) Special acceptance

1) Object of the sale and contract formats

1.1) APC based in Via del Castello 1, 28827 VALLE CANNOBINA – VB: ITALIA , produces and sells handcrafted auto parts, and in particular front and rear protection systems (bumpers), to be understood in terms of vintage accessory pieces for decorative use, and whose design and model are original.

1.2) The pieces, depending on the needs, may also be commissioned by the customer buyer and also for repair purposes or for the creation of customized designs (after-market pieces). Such manufacturing according to the present contract general conditions can come to effect only by means of work contract or in terms of subcontracting or, still further, in terms of sub-supply.

1.3) Here in after it is then specified that:
a) in case of work contract, the materials will be provided by the client for the realization of the piece according to the rules of art and the indications coming from the client and yet without any subordination constraint on APC
b) in case of subcontracting, and therefore for the realization of a significant number of serial pieces, APC will have instead, and still without subordination, responsibility on its own for the whole organization of means c) in case of sub-contracting, such contract, set for the production of a significant number of serial pieces, will be understood as the APC commitment, and always without subordination constraint, "to carry out for and on behalf of a client, work on semi-finished products or on supplied raw materials provided by the client itself, or as the APC commitment to provide the company with products or services intended to be incorporated or otherwise used in the economic activity of the client or in the production of a complex asset, in accordance with executive projects, technical and technological knowledge, models or prototypes provided by the buyer/ customer"

2) Production and sale on commission of spare parts not to be considered finished components
independent technical unit (repair clause)

2.1) If the customer buyer wishes to use the spare part commissioned within the terms of spare parts for repair, in any case the artisanal production activity carried out by APC will remain in general subject to the provisions of Article 110, paragraph 1, of Regulation (EC) no. 6/2002 of the Council on Community designs and models, which exempts the production of spare parts for repairs from the discipline on protection of ornamental designs and models when intended for repair purposes.

2.2) For such aforementioned case, the customer buyer in any case agrees and accepts, pursuant to the EU Directive-2007/46 / EC and the Decree of the Ministry of Infrastructure and Transport 28 April 2008, n. 32721, not to consider APC as the "manufacturer of the spare part, and by consequence not as the responsible body, before the approval authority, of all aspects of the approval process and of the conformity of production ", being instead only the customer buyer to be considered the "manufacturer" for these purposes and on the basis of and for the effects of the provisions brought by the EU Regulation 2144/2019 and those referred to in Regulation 858/2018.

2.3) It will in any case be specified, on the basis of what is established by European law and by the Court of Justice of the European Union, ( ruling of 20 December 2017-joined cases C 397/16 and C 435/16) with clear and visible indication on the product, on its packaging, catalogs or sales documents that the component in question is protected by design which APC is not the owner of and will be accepted the customer buyer that the component is exclusively intended to be used for the repair of the complex product under the sole responsibility of the customer buyer customer and in order to restore the original look.

2.4) The customer buyer agrees, accepts and undertakes under his sole responsibility to use the component properly and in accordance with the aforementioned repair clause, and APC declines all responsibility for the case of use infringing the repair clause and Community legislation on registration, in like manner as for the legislation and regulations of the individual States, even outside the Community, in which the repair and the registration will take place.

2.5) APC, seller and manufacturer, for each case, here further clarifies, and the customer buyer here agrees and accepts that, even if the component is purchased for repair purpose, the supply will never have as its object a finished “technical unit”, “a component independent " pursuant to Community legislation on front and rear components (bumpers) or to any other extra-Community legislation and therefore an “approved component”. Even such circumstance will be mentioned on the packaging, the technical specifications, and the instructions, the commercial catalogs.

2.6) However, APC undertakes to cooperate in good faith and with all due diligence for such hypothesis with the buyer so that the purchased component acquires the characteristics and nature of independent "technical unit" component for the purposes of registration in the country of, even extra Community, destination.

2.7) This collaborative activity will be subject to a standard additional cost equal to ……… ..or the cost time to time agreed between the producer seller and the buyer.

2.8) On the basis of the Community legislation, or any other in case applying extra Community legislation, such production and sale are and must therefore to be understood exclusively as production and sales operations under the exclusive directive and the exclusive responsibility of the customer buyer on vehicles that the customer buyer will use, always under its sole responsibility, after acquiring all the legal approvals about which only the customer buyer will be the applicant and the final entitled bearer.

2.9) In any case, APC declines all responsibility for the case the registration is not granted in the country of destination, however ensuring the diligent fulfillment of all requirements imposed by the rules of art and on the basis of the technical specifications provided by the customer buyer, and as per the disclaimer released on the technical specification of the product at the time of collection by the customer buyer.

2.10) It is also specified that as a firm rule the components are sold in the raw state, that is, not painted, and as coming out the negative mold, but that through the payment of additional price, it will also be possible to sell finished pieces according to specific indications received by the buyer.

2.11) The purchased component is in any case not subject to return as well as not subject to refund is the price of any additional services rendered by the vendor manufacturer for his diligent collaboration in view of the registration in the country of destination, that is also if the technical tests and the registration do not give positive At the time of purchase, the buyer must indicate the chassis number of the car and the supplier manufacturer will in turn provide an identification code of the associated piece.

3) Tuning and restyling

3.1) It is to be excluded the possibility that APC could be requested to provide its contribution to the activities of tuning and restyling, also for purely ornamental purposes, on front and rear components (bumpers), unless this possibility is authorized by the manufacturer or allowed by the legislation of the country where the buyer/customer is based.

3.2) With reference to the US market in particular, the parts specifically agree the responsibility for the registration in the event of restyling remains exclusively charged upon the customer buyer according to the legislation of that country, and the customer buyer will also assume the role of representative of the APC for the import. It is also agreed among the parties the parts sold will be always intended unfinished component and will be always regarded as “not a technical unit” and “not a final component”. APC is committed in any case to issue a collaborative certificate of equivalence and compliance with technical prescriptions for the purpose of registration to be carried out by the customer.

3.3) As for the Canadian market, APC specifically declares its willingness to carry out construction activities of repair or restyling on commission within the limits of the prescriptions of that country and that is in compliance with the following regulatory criteria: the replacement of the bumper cover is allowed, but the structure of the bumper must not be modified and the elements of the bumper system that absorb energy in the event of an impact must not be removed, deformed or modified, the addition of a wing or spoiler, or stylized side skirts, is permissible as long as such elements do not come to contact with the tires or the roadway. The spoiler must be firmly attached to the car, with no sharp or dangerous edges exposed. It will not have to obscure the view and it will have to be immediately removable at request of the Authority. Also in such cases for the registration it remains exclusively responsible the customer buyer and APC declines all responsibility for the case the registration is not granted.

3.4) As for the United Kingdom, APC specifically declares its willingness to produce on commission auto parts for repair and restyling, under the sole responsibility of the customer buyer for any eventual registration activity and activation before the Agency for the standards of vehicle drivers in order to provide proof that the component complies with the standards though not in terms of the original configuration made by the original manufacturer, and as far as for the attainment of the registration as a new vehicle as a kit-converted vehicle, and for the submission of the 'Built up application vehicle inspection report 'and the achievement of the certification that the vehicle complies with all regulations relating to road vehicles. Also in such cases, set aside the APC diligent collaboration in the manufacturing, the sold parts are however not to be intended technical units or final components, the customer buyer remains the exclusive responsible and APC declines all responsibility for the case authorizations are not granted.

3.5) In every case APC generally declines all responsibility not only for the case of non-approval, but also for any damage to property and people resulting from the illegal and unauthorized use of the component sold.

4) Payment

4.1) The parties agree and accepts that the effectiveness of the contract remains conditioned upon payment of a first installment in advance and as anticipation upon the total price, usually fixed at 50% of the price for the agreed service. This rule applies only if the payment is made by bank transfer (invoice). If payment via PayPal is chosen, please note point 4.3). In case of second thoughts by the buyer following the payment of the first installment and before the payment of the balance, APC will keep the installment received both as for payment of the withdrawal and payment of the preliminary activities already carried out. Identically, in case after the balance payment, the buyers had to refuse to receive the goods upon delivery, APC will retain the balance both as withdrawal price and payment of the activity carried out.

4.2) The payment of the balance must take place before the delivery of the goods and upon the written acceptance by the customer buyer which will sign indeed for acceptance the item is produced according to the technical data sheet and has been verified and approved directly or, at a distance, after video conference check.

4.3) Payment via PayPal: If PayPal is chosen as the payment method, this rule is not applicable. In this case, the full amount must be paid at the time of purchase. However, PayPal offers, for its part, the possibility of payment in installments.

5) Delivery/Shipping

5.1) For legal reasons, APC is only able to ship within the EU. For the delivery/handover, the buyer/client also has the option of collecting the goods himself at his own expense and with his own means.

Unfortunately, APC cannot deliver to all other countries outside the EU. If desired by the buyer/client, APC can certainly arrange for a related freight forwarder. The relationship, including payment for the service, between the shipper and the buyer remains in any case an independent relationship between the shipper and the buyer, and as such it will remain independent and distinct from the purchase of the goods. This makes it clear and is accepted by both parties that under the contract that the buyer/client enters into with them, the freight forwarder assumes full responsibility for the freight forwarding and therefore APC is no longer responsible for it once the product has been handed over to the freight forwarder draws. APC declines therefore all responsibility also for loss and damage of the goods during the transportation.

APC undertakes, in accordance with regulation 858/2018, to design the packaging in such a way that the goods are not damaged during transport and assumes responsibility for proper packaging. This applies both to forwarding to EU countries, for which APC organizes the forwarding if requested by the customer/buyer, and to countries outside the EU, where the customer/buyer must organize the forwarding themselves. In the latter case, APC limits itself to handing over the packaged goods to the carrier chosen by the customer/buyer.

6) Copyright and reproduction rights, confidentiality and privacy clause

6.1) In the event the buyer acquires an original APC piece for purely decorative, vintage like, ornamental purposes or in the event that APC is requested to collaborate production concerning the creation of an original component intended for a car prototype, it is agreed and accepted the procedure for any registration remains the responsibility of the buyer and that APC declines all responsibility in the event of non-permission, non-registration use and in any case of other harmful use.

6.2) It is however reserved to APC the ownership of the copyright on the design and the model and it is forbidden for the buyer and third parties to reproduce the aforementioned component without the written consent of APC, except in the case of the repair clause.

6.3) For the case of countries where tuning and restyling are allowed, if APC has provided the customer with an original design, it is agreed and accepted the copyright and any right to register the model at the Trademark and Patents Office is reserved to APC.

6.4) Both parties undertake to keep secret and to guarantee the confidentiality of procedures and data relating to the organization and business activities of which they became aware during the course of the existing contractual relationship.

7) Relations with consumer buyers

7.1) If the purchase is made online on the APC website by a consumer buyer of ornamental components for vintage and decorative purposes, notwithstanding the provisions in this contract regarding relations between professional operators, the buyer will have the right to withdraw within 14 days since the payment of the deposit (first installment in advance) and with the right to be refunded of the deposit (first installment in advance) itself.

8) Jurisdiction

8.1) The competent court in the event of disputes concerning conclusion, execution, eventual resolution of this contract is that of:

Unioncamere Piemonte - Camera Arbitrale del Piemonte (camcom.it)

9) Subsidiary rules

9.1) If the buyer is based in a non-EU country, the parties agree to join the Vienna Convention on International Sales only about what not expressly agreed and accepted in the herein contract and all that is incompatible with what is expressly herein agreed and accepted.

10) Special acceptance

10.1) the purchaser buyer, in accepting the present contract as a whole and in each part, here specifically declare also the acceptance of paragraph 2 point 2, 5, 8, 9, 11, paragraph 3 point 5); paragraph 4. Such special acceptance is marked by ticking the pertaining case in the web form and by ticking for acceptance the present contract and general conditions as a whole and in each part.

Avv. Fabio De Siati Dottore in relazioni Interazionali P.IVA. 08560470729 Via Madonna Piccola 62 Martina
Franca (Ta)
fds@pec-legal.it tel 3509129044