GENERAL CONDITIONS GOVERNING THE MANDATE OR CONTRACT

For the voluntary execution of a consultancy, an approval, a test and an appraisal.

  1. For all mandates or contracts, the following conditions apply exclusively, even if the different contractual conditions of the customer are not explicitly contradicted.

Annexed clauses or other oral clauses become binding only when they are confirmed by us in writing.

  1. The execution of the approvals and tests or other assignments as well as the appraisals will be carried out according to the scientific and technical standards recognized as valid in compliance with the relevant provisions. The volume of checks, unless otherwise specified by the client, extends to all the activities envisaged by the corresponding provisions of the applicable regulations.

  1. The approvals, appraisals and tests carried out by us and the related documentation issued are valid indefinitely, in accordance with the provisions of the law in force on the subject. We therefore reserve the right to carry out further tests and inspections at any time to verify compliance with the provisions in force. In case of negative tests and inspections, the costs for further tests or inspections are charged to the customer.

    In the event of a change to the provisions on the subject or following new provisions that have come to our knowledge we can limit or revoke the validity of the reports and inspections carried out.

    Our guarantee only covers the services which are the subject of the contract. This does not refer either to the operation of the parts to be verified in the framework of a plant or construction, nor to the choice of material or the correct construction system, unless this is the explicit subject of the assignment. An extension requested or made necessary during testing must be confirmed in writing. If no agreement can be reached with respect to the necessary extension, each party has the right to withdraw from the contract, the services already performed must in any case be paid.

    The terms agreed for the performance of a task are not binding.

  2. For damages following a culpable breach of a contractual obligation – except for the cases regulated in number 3 – caused by us or by our collaborators, we are liable only within the scope of the provisions of the law and in no case can the liability of ATS be affected. Srl We do not assume any other liability whatever the legal reason. The same goes for our employees.

The right to compensation for damages of any kind against us expires in three years, except that the statutory limitation periods do not provide for shorter periods.

  1. For the invoicing of the assignments, we comply with our current rates, if no other price has been set or no other agreement has been explicitly made. Costs and expenses incurred by third parties are billed to the customer.

  1. For assignments lasting several months or for an amount exceeding € 1,500, payment invoices can be issued in relation to the progress of the work. An advance on costs may be requested in the case of assignments of a significant amount. The customer’s delay in payments authorizes us to withdraw from the contract and / or to seek compensation for damages for non-fulfillment. The services performed up to that point are to be paid. Any disputes regarding our invoices must be made in writing within 10 days of receipt of the invoice. The invoice amounts are to be paid in full within the terms indicated on the invoice. The payment of the invoice will be made by issuing a bank receipt, unless otherwise agreed. In the event of late payment, default interest will be due at the ECB rate for the reference semester, increased by 5 percentage points. In the event of serious payment delays, we reserve the right to cancel the validity of the reports and appraisals issued by us.

    For bank transfers or checks, the day on which the accreditation notice reaches us is valid as a credit.

    If the customer delays in paying an invoice, all invoices still to be issued can be immediately issued.

    All the documentation defined will remain our property until full payment.

    The conformity of the product (henceforth COP) depends on the type of Regulation applied.

This conformity is mandatory before the first approval is issued and subsequently at least every two years it must be repeated to verify the continuation of the conformity itself.
The visiting days for obtaining the COP depend on the Regulation to which the approval issued refers and will always be the same as those required for the initial visit.

During the COP visit, the samples relating to the component for which the approval was issued must be checked, checking the test laboratory and related tools.

In any case, before proceeding with the COP visit, the manufacturer must send to the Technical Service all the procedures relating to the conformity of the product, applied during production. Only after these procedures have been completed, the Technical Service will be able to proceed with the relevant visit.

The cost for subsequent visits will be the same as for the initial accreditation.

  1. For all disputes resulting from this contract it will be exclusively the Court of San Marino.