2) Delivery of goods in evaluation account

Goods shipped in evaluation account travel at customer's expense and own risk.
Evaluation unit deliveries are regulated by the following rules:
Goods must be returned to Opto Engineering at customer's expense and risk.
In case of loss of goods, the goods full amount will be charged on the customer.
In case of damage of goods, Opto Engineering will charge the repair cost of goods in evaluation and must be returned within 4 weeks after the delivery date; after such a period, our administration will send a reminder for the goods to be sent back immediately; the evaluation period may be extended upon request, up to a maximum of 2 additional weeks: customers which want to extend the evaluation period must request this option, which is subject to the approval of the direction.
If the above described terms for goods return are exceeded, Opto Engineering will be entitled to issue a sales invoice for the goods.
All the goods on loan must be returned to Opto Engineering by the 15^th of December of each year for inventory purposes: goods not returned within that date will be billed.
Opto Engineering does not send material in evaluation after the 1st of December of each year.

3) Payments

Opto Engineering always complies to the payment terms of its debts with punctuality and extreme attention to its suppliers, considering this an essential condition for the positive and profitable business relationships between all parties.
For this same reason, Opto Engineering considers customer's delay in payment a violation of contractual rules and an explicit denial of the trust relationship Opto Engineering wants to establish with its customers. Payment terms are agreed prior to the placement of an order. Nevertheless the client has 30 days from the reception of the order to pay after which Opto Engineering reserves the right to charge late fees or take legal action.
Opto Engineering reserves the right to postpone the delivery of goods if payments previously due have not been made.
Opto Engineering will charge the customer interest at the legal rate and any bank charges arising from the missing payment. Any possible delay in the payment of issued invoices must be promptly communicated; a written notice, where a debt extinction schedule is listed, must be sent to Opto Engineering which will decide about the approval or not of the proposal.
If the payment schedule is not fulfilled, Opto Engineering will immediately initiate ANY legal activity necessary to recover the due amounts until the debt is extinguished.
Opto Engineering reserves the right of unilaterally change at any time the payment terms originally agreed with the customer in case of insolvency: pre-payment of goods will be strictly required.
When receiving an Opto Engineering product on sales account, the customer purchases the bare ownership and custody right of the product while only achieves a temporary license of use of the product itself; the temporary license is free, it is granted temporarily when the goods are delivered and becomes definitive only once the due payment is done.
In case of payments missing after the due date, the customer licence of use for the products will decay together with any warranty, service and supplier liability related to the product itself. In this case the customer will receive from Opto Engineering a formal notice stating that any use of the goods for which the payment is missing is not allowed since the licence of use is not active. Components not covered by the license of use cannot not be sold to third parties, nor integrated into systems sold or rented to any third party. Opto Engineering will be entitled at any time to obtain the return of the goods from the insolvent customer or from any third party who could have received, for any reason, the goods from the customer.

4) Warranty, repair and complaints

All Opto Engineering products are covered by a warranty for a period of 365 days from the good delivery date: the warranty expires if the product serial number is removed.
All Opto Engineering's products are compliant with the specifications published in the product documentation. Opto Engineering is not responsible for the failure to meet specifications that are not mentioned in its technical documentation, or not explicitly mentioned in the specification documents agreed with the customer. Therefore, Opto Engineering will only accept complaints related to published or agreed specifications; in any case the customer shall deliver the appropriate technical documentation to prove the discrepancy with the reference specifications.
Opto Engineering reserves the right to accept complaints after the 2 weeks after delivery of the goods.
The return of defective goods must be authorized by Opto Engineering; components suspected to be defective shall be sent back exclusively in "evaluation account": goods sent under the motivation "non-compliant" will be rejected unless previously agreed with Opto Engineering. Goods return expenses are the responsibility of the customer until the fault is proven.
Opto Engineering reserves 15 days to perform all the necessary activities to check the returned goods and to express its technical opinion. In case the product is found defective Opto Engineering will promptly repair the product and re-send it at its own expense also refunding the customer for the return delivery cost. In case the product is not found defective it will be re-sent back to the customer at their expense.
The customer is required to pay the amount due until the goods are considered clearly non-compliant by both sides; the missing payment for goods unilaterally declared non-compliant by the customer, will be treated as customer insolvency.
In case of different opinions about the compliance of the product to the agreed or published specifications, the two parties will elect, by mutual agreement, a third entity, qualified to give its technical advice. The customer assumes the burden of proof unless the product is found non-compliant by the third entity. In case of proven non-compliancy Opto Engineering will immediately refund the customer for the goods cost and will send the customer a credit note for the related amount.
Opto Engineering reserves the right to not accept any modification or amendment of a product already delivered in accordance with specifications published or agreed with the customer.

5) Orders, order confirmations and delivery times

The supply of goods is governed exclusively by the Sales Conditions here described; for what is not defined by this document the Civil Code of the Italian State related to the supply of goods and services will be the reference.
The acceptance of an order from Opto Engineering does not indicate in any way, the implicit acceptance of the terms and conditions proposed by the customer, whether expressly mentioned in the document order and its annexes or anywhere published by the client as general purchase conditions.
The acceptance of the conditions of purchase proposed by the customer shall be deemed as effective only when explicitly ratified by Opto Engineering's legal representative in a written document. The delivery times listed in the offers are to be considered indicative and not binding, unless there are specific sales contracts or conditions have been previously agreed.
Even in the event of delay in delivery, up to a maximum of 4 weeks, the order remains valid and binding for the customer that is still obliged to withdraw the goods.
Opto Engineering reserves the right to send to the customer a document confirming the order with the only function to confirm its willingness to provide what has been ordered.
The order confirmation is not in any way a binding document regarding the delivery date even though it may provide an update on the date of delivery.
We do not accept orders with an unilateral variation of supply conditions (prices, payments, delivery times and more); any variation to standard conditions of supply must first be approved by the Direction.
Any cancellation or correction of orders must be received at Opto Engineering no later than 3 working days from the date of submission of the order; beyond that date Opto Engineering will not accept any change. After 7 days from receipt of the order and, in any case, once the goods have been delivered to the carrier, the order cannot be cancelled or modified.
The prices at which products have been previously sold cannot not be considered to be binding for Opto Engineering which reserves the right to update the prices at any time.

6) Intellectual property

The intellectual property of all products sold by Opto Engineering, be standard products, special products or products created specifically for a customer by Opto Engineering, is exclusively owned by Opto Engineering, unless expressly agreed otherwise.
This intellectual property is extended to both the engineering solutions adopted (whether optical, mechanical or electronic) and the possible patent registering of the product, technology or application.
The customer has the right to freely use the standard or custom products unless specifically described limitations in the contract of sale, but he cannot in any case proceed to the patenting of any product or application of the product under development or definition with Opto Engineering unless explicitly agreed .
The customer is not authorized, unless previously agreed, to remove the elements that distinguish the products as originating from Opto Engineering (marks, stickers, engravings ...).