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Buell XB: full belly panBuell XB: full belly pan
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Conditions of Use

Terms and Conditions

Below you will find a translation of our Terms and Conditions as originally written in Italian.

Although we've done our best to provide an accurate translation.

Terms and Conditions LMCorse Srl 

1 Definitions
Definitions within these Terms and Conditions:
(a) LMCorse: the limited company LMCorse s.r.l. acting under the,
(b) client: each party which comes to an agreement with LMCorse or which is in negotiation to reach an agreement with LMCorse;
(c) Agreement: each agreement between LMCorse en client, each change in the agreement or addition to the agreement but also all action in preparation or execution of the agreement;
(d) products: everything which is subject to the agreement;
(e) Order: each purchase order from client to LMCorse; 

2 Relevance
2.1 The Terms are applicable to all our agreements (including quotations, sales, deliveries and contracts to perform work of any kind.) 
2.2 Any (previous) reference by the Client to its own or other general conditions is expressly rejected by LMCorse and therefore not accepted. 
2.3 LMCorse reserves the right to change the Conditions at any time. The amended terms and conditions will apply from the time LMCorse publishes on its website, with the proviso that already issued orders remain subject to the terms and conditions, which were effective on the day the order was established. 
2.4 If any provision of these Terms is invalid, void or voidable, the terms and conditions of the remaining provisions shall remain in full force and effect. The provisions, which are not legally valid or can not be applied, will be replaced by provisions that reflect as much as possible the scope of the provisions to be replaced so that the replacement provisions are legally binding.  

3 Offers
3.1 Offers and price quotations do not bind LMCorse and only apply as an invitation to place an order unless otherwise agreed in writing. Orders can be refused without the need to provide any reason.
3.2 Pictures, drawings, models, specifications and prices which are offered in catalogs or on the LMCorse website are prepared with great care. However LMCorse does not guarantee its accuracy. The images, drawings, models and specifications are only indications of the products and are only intended to give a general impression of what LMCorse has to offer.  

4 Agreement
4.1 The agreement is established at the time LMCorse has accepted this in writing or by e-mail, or the execution thereof is started, or by disclosure or disclosure to client of the invoice relating to the agreement. 
4.2 Possible amendments at later date or (verbal) agreements and / or commitments of our staff or on our behalf by our distributors or other intermediaries are only binding when agreed by us in writing or by e-mail.
4.3 LMCorse is authorized - if LMCorse sees necessary or desirable - for the proper execution of the agreement to use third parties. If needed and / or if necessary, LMCorse will inform Client. 

5 Prices
5.1 All prices are exclusive of VAT and expressed in Euro, unless otherwise agreed. 
5.2 Agreements are concluded at the prices set by LMCorse at the time of the agreement unless parties agree otherwise in writing.

6 Payment
6.1 Unless otherwise agreed in writing, Client will pay all costs without any deduction in relation with the order at the time Client places the order. 
6.2 If Client doesn't comply with one or more payment obligations, Client will be at default and all claims from LMCorse will be due immediately. From due date onwards Client is liable for interest per month, where any part fo the month will be calculated as a full month. The costs to be paid by client are at least 15% of the amount of arrears and without prejudice to the right to reimbursement of the full cost.

6.3 Any amount received from the client will first serve to settle any claims from LMCorse on which LMCorse  has not made a property reservation in accordance with article 8. Any further amount received from the client will first and foremost be used to pay any interest and costs referred to in article 6.2, and then serve as payment of outstanding invoices, whereby the invoice with the oldest fatal date is credited first, even if the client states that the payment relates to a later invoice. LMCorse is at all times entitled to offset its claims against the client with what LMCorse is due or will be due to the customer.

7 Delivery
7.1 Any specified delivery time by LMCorse is based on information, prevailing circumstances and where applicable depending on the performance of third parties which was available at the time of concluding the contract. This delivery time will be observed by LMCorse for as much as possible. Stated delivery times will never be regarded as deadlines, unless expressly agreed otherwise in writing. 
7.2 Client is not entitled to any compensation in this respect when the delivery time is exceeded.
7.3 If products are ordered specifically for the Client delivery time may more than 30 days. Client has the right to cancel the order at all times, but if any of these specifically purchased parts have already arrived, Client will either take the partial order or will agree with a 20% restocking fee. 
7.4 If LMCorse needs information of resources provided by Client to execute the order the delivery time will start at the moment Client provided the information or resources.
7.5 LMCorse has the right, but not the obligation to deliver partial orders. 
7.6 The client is obliged to check content and/or the packaging immediately upon delivery for any shortages or damage. Any shortages or damage to the goods and / or packaging delivered which are present during delivery, have to be reported on the delivery note / transport documents. 
7.7 Any returns must consequently be made within 10 days from delivery date. 

8 Retention 
8.1 Not with standing the actual delivery, the ownership of the products will only pass on to the client when the client has fulfilled all its financial obligations to LMCorse under or pursuant to an agreement with him - before - delivered or - in the future - to provide products, respectively performed for him or provide services, and in respect of claims arising from the failure to fulfill an agreement, including claims relating to penalties, interest and costs 
8.2 The client is fully responsible for the products delivered under retention of title and shall keep them with due care and as recognizable property of LMCorse. 
8.3 Before the ownership of the products to the client is passed, the client is not entitled to hire the products out or give in use, to pledge or otherwise encumber. The client is only entitled to use the products, which LMCorse owner, to sell or deliver, to the extent necessary within the framework of the normal business of the client. The client will inform its customers of any proprietary rights of LMCorse informed 
8.4 If the client fails to fulfill its payment obligations to LMCorse or LMCorse has good reason to fear that he will default in these obligations, LMCorse is entitled to take back the goods delivered under retention of title, without any default or judicial intervention being required. The customer is required LMCorse or to grant designated by LMCorse party access to the places where the products are delivered under retention. 

9 Warranty
9.1 LMCorse only vouches for the quality of the products in the state in which they reside at the time of delivery, and guarantees only that the products have the properties that are necessary for their regular TRACK or PRIVATE use. 
9.2 LMCorse grants the same warranty period for the products supplied by its suppliers. The warranty applies only during the warranty period requested by Italian law. 
9.3 The warranty means LMCorse will replace products upon receipt of the returned products. A warranty claim doesn't install the obligation to credit invoice amounts 
9.4 The warranty only applies if the client has met all its obligations to LMCorse. 
9.5 The warranty expires, regardless of the warranty period, from the moment that products have been used into other products. 
9.6 The warranty on products which are marked as consumables expires when a sealed package is opened or when the product is installed. 

10 Liability
10.1 Not with standing the warranty provisions, LMCorse excludes any further liability to the client or any third party for any damages, on any ground whatsoever, including all direct and indirect damage such as damage to the product, consequential loss or damage, except the liability for damage caused by intent or gross negligence of LMCorse, or employees and / or third parties hired by LMCorse. 
10.2 If and in so far LMCorse has any liability on any grounds what so ever, the entire liability of LMCorse is at all times limited to three times the invoice amount with a maximum of €1000 per claim or related series of cases, without prejudice to liability

10.3 The client indemnifies LMCorse for all third party claims for damages caused by or in connection with the by LMCorse products and services, unless the damage was caused by gross negligence or intent of LMCorse, its employees and / or third parties.  

11 Complaints
11.1 Client is obliged to inspect products as soon as possible and within reasonability after delivery of the goods. Complaints regarding defects which have been discovered at inspection or defects which within reasonability could have been discovered need to be reported to LMCorse in writing within 10 days after receipt of the products. If Client fails to do so, Client cannot claim products didn't meet the agreement.
11.2 Defects that reasonably could not have been discovered within the period referred to in the previous paragraph will be reported in writing to LMCorse within 10 days of discovery. Upon discovery of a defect the client is obliged to cease any use of the products, as a prudent debtor to ensure the preservation of the products and to take the necessary steps to mitigate his loss as much as possible. Client will scrupulously respect the guidance of LMCorse and assist to investigat the defect and its associated conditions, such as the treatment and use of the products. If LMCorse requests, client will return the products 

12 Returns and Cancellations
12.1 Not with standing any other provisions within these Conditions orders accepted by the LMCorse can not be canceled, and not be returned or exchanged products delivered by LMCorse where the products and / or packaging are not in good condition. 
12.2 Products which have been purchased or made by LMCorse specifically for Client cannot be returned, credicted or exchanged if the products or packaging is not in good condition.
12.3 Product returns other than due to faulty delivery are only possible if LMCorse has agreed in writing or by e-mail.
12.4 Returns must include a delivery note, stating the date and number of the packing list or of LMCorse. Items which can not be shown to be supplied by LMCorse, are not credited. 
12.5 Credit's which relate to returned products will be calculated at the original price agreed upon in the order.
12.6 Client is obliged to return the goods within 10 days of written or email notification. The return costs are paid by the Client. 

13 Termination
13.1 Besides the rights which come from the creation of the agreeement and the law, LMCorse can terminate the agreement without further notice or judicial intervention and liability for compensation to the client at all times either in total or the part which has not been fulfilled yet if the client fails to fulful its obligation under the Agreement or other agreements towards LMCorse, if he is declared bankrupt, if he (provisional) suspension of payment or offer a payment plan to its creditors if he ceases to exist, ceases to operate or liquidation proceeds or if batter is laid on its ability relevant substantial debts or if he is unable to meet its due debts or due debts unpaid or an application which sought to apply the statement of the law on debt repayment, at death. 
13.2 If the previous article subsection applies, LMCorse has the right to take back products under retention of title, subject to other to LMCorse belonging rights such as the right of compensation for costs, damages and interest, including the cost of return of the products. 

14 Force Majeure
14.1 In case of force majeure, LMCorse are entitled at its own discretion and without judicial intervention to suspend the execution of the contract for a maximum of six months, to suspend or to terminate the agreement in whole or in part. Client waves any right for compensation.
14.2 Force majeure means all independent circumstances, even though they were present at the time of creation of the contract, which the fulfillment of the agreement permanently or temporarily, in whole or in part, prevent to fulfill the obligations of LMCorse or can not reasonably be required. Such circumstances may include in any case: war, civil war, threat of war, riots, strikes, fires, epidemics, not timely delivery of materials and products by the importer / factory or the supplier, restrictive government measures or the lack of a government issued license. The above also applies if the circumstances referred to above are with respect to, or in the company, factories, importers and other traders who LMCorse products involves committing or encounters involve. 

15 Right of withdrawal
15.1 If client has placed the order through the LMCorse website client has the right to cancel the order within 10 days after placing it.
15.2 To exercise the right of withdrawal LMCorse kindly requests Client to use the model withdrawal form as in the underlying link. 

16 Applicable law and disputes 
16.1 All agreements concluded by LMCorse are exclusively excercised under Italian law. 
16.2 The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.

16.3 Any dispute relating to, arising from, or related by LMCorse offers made, deliveries, understandings or agreements, will, if these disputes belong to the jurisdiction of the court, be heard by the court in The Milan, Italy