GreenKar Innovation

These General Terms and Conditions (hereinafter “General Conditions”) govern the terms and conditions under which Greenkar Innovation S.r.l. (hereinafter referred to as “Service Provider”) provides the Customer with the Services, with the technical characteristics and economic conditions of the individual Business Offer selected by the Customer, stamped, signed and forwarded in advance, by email/fax to the Service Provider. The subscription of the offer is an indispensable condition for the execution of the Services indicated in the business offer.
The updated version of the General Conditions is always available on the company’s website https://greenkar-innovation.it/en/generalterms/, therefore these conditions are sufficiently integrated into the contractual relationship between the Service Provider and the Customer.

• 1.1 The Customer is kindly requested to read these General Conditions carefully, which can also be viewed and downloaded at any time.
• 1.2 These General Conditions form an integral and substantial part of the Business Offer selected by the Customer.

Art. 2 – Definitions

• Customer: The natural or legal person, private or public, who accepts the Services offered by Greenkar Innovation S.r.l. in the Business Offer.
• Service Provider: Greenkar Innovation S.r.l., a registered company in Rome, Via Riva Ligure, 49 – 00163 (RM), which offers to the Customer the Services indicated in the Business Offer selected by the Customer himself.
• Services: the Services listed in the Business Offer as chosen by the Customer, including, by way of example and without limitation, vehicle Type-approval and similar, as well as services dedicated to manufacturers of the Innovation sector.
• Business Offer: the document which lists the Services offered by the Service Provider to the Customer, indicating, among others, the fee to be charged, methods of payment and execution timeframes.
• Contract: the Business Offer and the General Conditions outlined herein.

Art. 3 – Conclusion of the contract

1. The contract is concluded when the Service Provider receives from the Customer the Business Offer and simultaneous acceptance duly stamped and signed by the Customer itself; the transmission of the Business Offer to the Service Provider constitutes full acceptance by the Customer also of the General Conditions.
2. The Customer is responsible for the truthfulness and accuracy of personal and fiscal data provided, ensuring, likewise, under his own exclusive responsibility, that the abovementioned information is correct, updated and truthful as to permit the identification of his true identity.
3. The Customer agrees to notify the Service Provider of any change in the data provided, promptly and in any event not later than fifteen (15) days from the date of the change, by sending an email/fax to the Service Provider. The Customer maintains the Service Provider harmless from any prejudicial consequences caused by the communication of inaccurate
   or untruthful data.
4. The Customer is obliged to immediately inform Greenkar Innovation S.r.l. of any changes to the technical data of the products covered by the Service.
5. The Service Provider shall have the right not to proceed with the provision of Services in the event of any circumstances that may pose a risk to the fulfilment of contractual obligations or which would prevent or make costly the execution of the Services.
6. Any additional provision other than those indicated in the Business Offer will be provided by the Service Provider only after a specific written request is received from the Customer, duly accepted by the Service Provider, in accordance with arrangements which the parties will define from time to time.

Art. 4 – Fees and terms of payment

1. The amount due for the execution of the Services will be paid by the Customer as specified in the Business Offer, as well as the form of payment chosen. Any additional expenses (e.g. reimbursement of expenses) shall be borne by the Customer.
2. The Customer may not assert a claim or raise objections of any kind unless he first proceeds to carry out correctly the payments outlined in the business offer. In the event that the payment of the fee is considered to be invalid or is, for any reason, revoked or cancelled by the Customer or is not carried out, confirmed or credited to the benefit of the Service Provider, the latter reserves the right to suspend and/or terminate the execution of the Services requested.

Art.5 – Invoicing

• The Customer expressly agrees that the payment invoice for the requested Services may be transmitted and/or made available electronically, unless otherwise required by a formal request.

Art. 6 – Customer Obligations

• The Customer undertakes to pay to the Service Provider the amount agreed, and the additional expenses necessary or incurred for the execution of the Services.

Art. 7 – Obligations of the Service Provider

• The Supplier undertakes to provide the requested Services, according to the conditions indicated in the Contract or Commercial Offer.

Art. 8 – Right of withdrawal

• The Customer will have the right to terminate the Contract, concluded with the Service Provider, at any time by giving written notice by registered mail or PEC with a formal notice of at least 7 days. The Service Provider, in case of advance payment order will reserve, upon payment by the Customer of the costs incurred for the Service rendered until the effective date of the withdrawal, to repay the advance within no more than 30 days from the notice of withdrawal.

• The Service Provider shall not be responsible in any event for direct or indirect damages that may result to the Customer by force majeure, fortuitous events, activities related to Services carried out by other operators, errors or omissions attributable to the Customer or to third parties not authorized by the Service Provider.

• In case of failure, incomplete and/or not on time payment of the fees, as specified in the Business Offer, the Customer will be required to pay the Service Provider a penalty fee. The penalty will be limited to default interest established by the Italian law and does not rule out the reimbursement of further damages.

• The Customer and Service Provider agree to keep confidential all data and informations that they might possibly learn about in the execution of the contract and to extend this commitment to their employees and/or third parties appointed by them. The aforesaid data and informations shall not be communicated or disclosed in any manner and in any form to third parties and cannot be used by the Service Provider or the Customer for other purposes than those stipulated in the contract, in accordance with the provisions of the European Law (G.D.P.R. n. 2016/679) which regulate the Privacy and confidentiality of personal and/or commercial data. The Customer hereby also declares to give its consent to the processing of both its common and sensitive data. The list of manufacturers, customers of Greenkar Innovation S.r.l., may be made public for referential and informative purposes on the Services it offers. For more information, refer to the Policy on the website.

• These General Conditions will enter into force at the time of acceptance of the Customer’s Business offer. The updated version will always be available and can be consulted on the company’s website, in the reference revision indicated in the offer itself.

• This contract and the obligations arising from it are entirely subject to the Italian Law, even if performed wholly or partly abroad. Any dispute arising out of the interpretation or execution of this contract is exclusive competence of the Court of Rome. For all matters not expressly governed by these General Conditions, please refer to the provisions of the Civil Code artt. 1341, 1342 et seq., and the laws in force.

• This Contract constitutes a complete agreement between the Customer and the Service Provider with respect to its subject matter and cancels and replaces any other prior, oral or written, agreement between the parties on the same subject. No modification, addendum or provision anyway added to this Contract will be valid and effective between the parties unless specifically and expressly approved by subscribing.

For the activities related to the Type-approval service and/or certification service, the Customer undertakes to make available to the Service Provider or external parties (such as Officials or Public Administration Inspectors and/or Technical Services involved) appropriate testing sites, a sufficient number of samples and, where necessary, provide support structures and what else is needed for proper testing. If no testing is needed, Customer must provide the necessary documentation requested by the Service Provider or by the Public Authority / Technical Service concerned. In the case of Stage 2 whole vehicle Type-approval activities according to Regulation (EU) 2018/858 the Manufacturer to whom the type-approval is issued, in ccordance with the provisions of Annex IX of the European reference legislation, with the aim of ensuring the proper course of operation for multi-stage EC type approvals, must implement and maintain procedures for the exchange of documents and information with the manufacturers of the preceding stages. For the supply of other Services to the Customer in the Innovation Industry, the same undertakes to make available to the Service Provider all the
informations, data and documents necessary for carrying out and/or implementing the activities and the drafting of the dossier/folder. The Service Provider is not involved in the project nor in the construction phases of the approved vehicles or devices.

The Customer shall clearly indicate the name of its authorized representative to provide and receive all the information related to the activity requested and to physically receive the documents for the execution and completion of the activity.

If, during the test session, a shortage of the samples made available by the Customer would occur, and a second test session should be needed, the additional operation will be charged separately.

The on time delivery of the Service will not be guaranteed if the Customer is missing in its commitments to the Service Provider or in case of any unforeseen events attributable to third parties outside the Greenkar Innovation S.r.l., occur, and for which Greenkar is not responsible for it.

• For further information on the service, please refer to the “Additional Information notes” section in the Commercial Offer developed specifically for the requested activity.