I.N.M. SERVICES s.r.l.

General Conditions – Services

  1. The general service conditions (hereinafter referred to as “conditions”) must be considered mandatory for the client. In case of conflicts, the provisions individually signed by the client, for acceptance, will prevail.
  2. By accepting these general conditions, the client agrees that I.N.M. SERVICES srl performs technical and mechanical interventions, of qualified labour for any type of repair and/or maintenance works of the equipment and/or the machine belonging to the customer, foreseen by sole orders.
  3. ORDER: The purchase and/or selling order are considered accepted by the apposition of the signature of the client, presented to I.N.M. SERVICES srl. After receiving the order, this can be cancelled only with the consent of I.N.M. SERVICES srl.
  4. SUBCONTRACTING: If considered necessary, due to the nature of the work entrusted to I.N.M. SERVICES srl, the help of specialized personnel not present in I.N.M. SERVICES srl, the client consents and authorizes it to grant part of the works, by subcontracting, to a firm or company, chosen by I.N.M. SERVICES srl.
  5. INSPECTION: The client is compelled to verify and submit to inspection the work performed by I.N.M. SERVICES srl, in its presence and after the necessary controls have been made, will sign the delivery note, which will avail as acceptance of the work. In case of vices or defects of the work, the client is compelled to immediately communicate it to I.N.M. SERVICES srl, giving a detailed description of the problems and of the vices.
  6. RISK TRANSFER: The client agrees to assume the risk of loss or damage of the equipment to be submitted to repairs, when it has to be transported for repairs, to I.N.M. SERVICES srl and/or to another repairs workshop. The client gives his consent since that moment to perform parts change or to add parts necessary, which will be considered necessary in order to do the task. By signing the delivery note, foreseen at point 3, I.N.M. SERVICES srl will still be held responsible for the execution of the work, solely for vices or defects due to malice or severe fault.
  7. MODE OF PROCUREMENT: Contracting of the services is given to the client by two different ways:
     The “turnkey” formality: preventive assessment of the complete work, setting the comprehensive price, including the labour, travel and accommodation expenses, necessary materials/ spare parts.
    For the formality: “Time and material basis” the sum of labour costs for each working day (8 daily labour hours) plus a percentage for the extraordinary and/or night and/or holiday work, according to the norms in force, excepting the traveling costs, used materials/ spare parts costs and the daily subsistence costs for the technical personnel.
    For both contacting formalities, the costs are agreed together with the clients.
    Once the order containing the details of the activities performed is signed, it will compel the client, even if signed by his staff or by the person representing the company.
  8. EXTRA WORKS: Any assistance and work performed by I.N.M. SERVICES srl, in favour of the customer, except for those agreed in the order for the materials purchase will be considered extra work and billed separately (or will be assessed as extension of the time and material basis).
  9. PRICES AND PAYMENT FORMS: The prices indicated by I.N.M. SERVICES srl include the taxes and duties for any tax or duty rendered or in favour of the state, for the performances in favour of the clients, part of the European communities, the prices don’t include taxes and duties or others similar. UNLESS OTHERWISE ESTABLISHED, THE PAYMENTS ARE MADE BY DIRECT REMITTANCE. THE PAYMENTS MUST CORRESPOND TO THE VALUE FROM THE INVOICE AND WON’T BE ADMITTED PAYMENTS LOWER THAN THE REQUESTED VALUE. THE POSSIBLE EXPENSES FOR THE RECOVERY OF DEBTS WILL BE CHARGED TO THE CLIENT. I.N.M. SERVICES srl WILL HAVE RETENTION AND SECURITY RIGHTS ON THE CLIENT’S EQUIPMENT UNTIL THE FULL PAYMENT OF THE SERVICE WAS PERFORMED.
  10. INTERESTS: If the payment is made after the time foreseen in the previous articles, the client will also be compelled to pay in favour of I.N.M SERVICES srl the related legal interests.
  11. WARRANTEE: The warrantee offered by I.N.M SERVICES srl will be of 3 months from the subscription of the delivery note, which ascertains the end of works and, therefore, their acceptance by the client. The client will have to notify, within 7 days since the vices for which the intervention of the warrantee arose, so that this may verify the type of vice and to intervene, directly or through own entrusted company. The warrantee is offered only for the work performed by I.N.M SERVICES srl and not for the vices and defects that result directly from the parts acquired from third parties or directly from the customer, for which the warrantee corresponding to the sale of those assets is valid.
    11 bis) THE WARRANTEE GRANTED BY L.M.R. METALOCK srl WILL BE SIGNED WHEN THE ORDER IS ACCEPTED. IF IT IS CONSIDERED THAT THE WORK HAS PARTICULAR PROBLEMS, IT WILL BE ASSESSED WHETHER A WRITTEN WARRANTEE SHALL BE ISSUED, ALL TO BE ESTABLISHED SUBSEQUENTLY WITH THE CLIENT.
  12. EXCLUSIONS: The warrantee expressly excludes the vices resulted from the lack or bad maintenance of the plant. The warrantee doesn’t cover:
    1) Negligence or other facts improperly performed by the client, by his employees or by delegated third parties.
    2) materials or components or projects from the client or from his production, as well as parts or accessories used in the execution of works, that are not expressly supplied or agreed for use with I.N.M. SERVICES srl.
    3) Alterations or interventions performed by third parties unauthorized by I.N.M. SERVICES srl to the works made by the latter.
    4) Installations improperly made by the client or by his auxiliary staff.
    5) Parts, accessories used in the development of works that have not been sold, supplied or expressly agreed to with I.N.M. SERVICES srl.
    In particular, the warrantee doesn’t cover defects, neither vices resulted or connected to the regular use of the material, nor it covers the bad or inappropriate use of the parts object of the order or inappropriate maintenance by the customer or by his auxiliary staff.
    The warrantee doesn’t apply when unusable or easily perishable material is being used.
  13. The spare parts or the parts purchased from third parties will be subject to the warrantee of the producer and/ or of the reseller.
  14. LIMITATION OF LIABILITY: I.N.M. SERVICES srl won’t be held liable for the damages of assets, including damages related to the products or parts repaired or maintained by the client. It won’t be held responsible, in any case, for indirect damages, amongst which client’s loss of gain and/or profit due to lack of use of the equipment object of the repair and/ or maintenance or for any other specific indirect consequence, accessory and/ or accidental consequence, due to foreign elements, or related to operation of I.N.M. SERVICES srl, except for malice. I.N.M. SERVICES srl won’t be held responsible, in any case, for the damages that couldn’t have been foreseen by it at the moment the contract was concluded. I.M.S. SERVICES srl is not liable for the works performed by the client or by third parties, even if executed with its assistance. I.N.M. SERVICES srl is liable for the damages resulted directly from the work developed by own personnel or from the works developed by third parties, under the direct training of I.N.M. SERVICES srl personnel. I.N.M. SERVICES srl won’t, in any case, be held liable for the damages accused 3 (three) months after the work is complete (signing the delivery note). IN ANY CASE, THE LIABILITY OF I.N.M. SERVICES srl WILL NOT EXCEED 1/3 OF THE PRICE AGREED IN THE CONTRACT.
  15. SALE OF THE SPARE PARTS: The sale of the spare parts occurs in compliance with the sale general conditions, or through the agreement between I.N.M. SERVICES srl and client.
  16. TERMINATION OF THE CONTRACT: In case of failure to accomplish any of the obligations assumed and in case of extension of such a failure to accomplish, within 10 days from receiving of the recommended letter by the party that notifies the lack of completion and requests its remedy, the aggrieved party will be authorized to immediately terminate the signed contract, subsequently notifying the party at fault, in writing. If one of the parties enters into insolvency proceedings or is submitted to liquidation, the other party may terminate the signed contract, with immediate effect.
  17. FORCE MAJEURE AND UNFORESEEABLE CIRCUMSTANCES: The parties won’t be anyhow held responsible for delays or non-fulfilment caused by unforeseeable circumstances or by force majeure. Force majeure means intended fire, requisition, embargo, insurrection, lack of means of transportation, restriction in usage of energy, union manifestations and, generally, any circumstance that is out of the control of the parties. If the force majeure circumstances continue for more than three months, both parties will be entitled to terminate the signed contract, notifying in writing the other party and with no other subsequent claims.
  18. PRIVACY: The personal data supplied by the client are processed in compliance with those foreseen by the law on privacy. The previously named data will be processed by appropriate proceedings, in order to guarantee the safety and privacy. Processing will be made for commercial purpose in and for the execution of contracts. Personal data may be communicated to third parties in Romania and abroad, for the accomplishment of the above indicated purpose.
    The interested individuals are entitled A) to the confirmation of the existence of the possible processing of the personal data that concerns them B) to obtain the annulment of transformation, updating, rectification and/or their integration C) to refuse that their personal data are processed for commercial purpose and for sending advertising materials.
  19. APPLICABLE LAW AND JURISDICTION: All contracts concluded in compliance to these general conditions are regulated by the Romanian legislation. Any misunderstanding that may arise between the parties regarding the validity, interpretation, execution of these general conditions and the contracts stipulated according to them, or anyhow related to them, will be submitted to the exclusive jurisdiction of the court in TIMIȘOARA.