General Terms and Conditions
1) PURPOSE AND SCOPE
These General Terms and Conditions govern the relationship between GreenKar Technical Service S.r.l. and the Client for inspection activities on vehicles, systems, components, separate technical units and devices intended for vehicles, as well as any ancillary services expressly specified in the quotation.
These Terms and Conditions apply to each assignment entrusted to GreenKar Technical Service S.r.l., unless otherwise agreed in writing between the Parties or otherwise required by mandatory provisions of law.
GreenKar Technical Service S.r.l. makes these Terms and Conditions available before the assignment is entrusted, by publishing them on its website or providing them in electronic format at the Client’s request.
2) NORMATIVE REFERENCES
The activities governed by this document are carried out in accordance with the provisions and requirements contained in the following references: Italian Civil Code; UNI CEI EN ISO/IEC 17020 – Conformity assessment – Requirements for the operation of various types of bodies performing inspection. The above references apply in their current versions, including any subsequent amendments and additions.
3) MAIN DEFINITIONS
Client means the person or entity requesting and commissioning the service; Manufacturer means the person or body responsible to the type-approval authority for all aspects of the type-approval procedure and for conformity of production; Testing Organisation means the entity at whose premises the activity subject to inspection is performed. Inspection consists of determining the conformity of the vehicle, system, component, separate technical unit or device with the specified requirements. The quotation identifies the activities covered by the scope of accreditation and, where present, those not covered. Activities not covered are listed separately and may not be presented as accredited.
4) REQUEST REVIEW AND FORMATION OF THE CONTRACT
The Client provides the information necessary for GreenKar Technical Service S.r.l. to assess feasibility, competence, resources, impartiality, sites, timeframes, technical requirements and coverage under the scope of accreditation. Incomplete, inaccurate or amended information may require a further review and a revision of the financial or technical terms. The contract is concluded upon return of the quotation signed for acceptance.
5) OBLIGATIONS OF GREENKAR TECHNICAL SERVICE S.R.L.
GreenKar Technical Service S.r.l. undertakes to perform the activities entrusted to it using competent, qualified and authorised personnel, in accordance with the applicable requirements and its internal procedures. GreenKar Technical Service S.r.l. plans the inspection activity on the basis of the information received, communicates to the Client the information required to perform the service, records relevant evidence, manages any findings and issues the required Inspection Report.
In performing its activities, GreenKar Technical Service S.r.l. complies with the principles of impartiality, independence, confidentiality and professional integrity, taking the measures necessary to prevent or manage any conflicts of interest.
GreenKar Technical Service S.r.l. has adequate resources and insurance coverage to meet the liabilities arising from the performance of its activities.
6) OBLIGATIONS OF THE CLIENT
The Client ensures cooperation and makes available, within the agreed timeframes, complete and truthful documents, competent personnel, the subject of the inspection activity (vehicle, system, component, separate technical unit or device), instruments, software, data, records, sites and the conditions necessary to perform the inspection activity.
Where the Client acts on behalf of the Manufacturer, commencement of the assignment is subject to submission of the Manufacturer’s authorisation to the Client and the required technical documentation, including, where applicable, the type-approval application relating to the subject of the inspection activity.
The Client must promptly notify any changes that may affect the inspection activity, the reliability of the evidence, planning, applicable requirements or the underlying conditions of the accepted quotation.
The Client ensures that the laboratories, technical sites or other entities where the inspection activities take place provide competent personnel, suitable instruments and the relevant calibration certificates. Any delays in responding or discrepancies found in the instrumentation may affect the timeframes and/or compromise successful completion of the activity.
The Client guarantees the right of access to the sites and relevant information, providing in advance the authorisations and permits required for GreenKar Technical Service S.r.l. personnel and any personnel of the Accreditation Body and the competent Authority.
The Client and the laboratory remain responsible for site safety, handling and safekeeping of the subject of the inspection activity, and compliance with the Manufacturer’s instructions.
7) OBLIGATIONS OF THE MANUFACTURER
The Manufacturer must comply with all obligations imposed on it by Regulation (EU) 2018/858, with particular reference to Article 13, and by the relevant applicable delegated and implementing acts, in their current versions.
8) ASSIGNED PERSONNEL AND OBJECTIONS TO APPOINTMENT
GreenKar Technical Service S.r.l. appoints qualified personnel to perform the activities and informs the Client, before commencement of the assignment, of the names of the designated inspectors and any external parties involved.
Within three working days of receiving the notification, the Client may report any documented grounds relating to a conflict of interest or other objective circumstances that may be incompatible with performance of the assignment.
GreenKar Technical Service S.r.l. assesses the notification received and, if it considers it justified, replaces the assigned personnel. Mere personal or commercial preference does not constitute sufficient grounds for objecting to an appointment.
The presence of observers from the Accreditation Body, the competent Authority or other authorised entities may not be refused where required for assessment, surveillance, witnessing or monitoring activities relating to the work of GreenKar Technical Service S.r.l. Such persons are subject to the applicable confidentiality obligations.
9) FEES EXPENSES AND PAYMENTS
The Client must pay for the services in accordance with the amounts, payment methods and deadlines specified in the accepted quotation.
All amounts are exclusive of VAT and any applicable taxes or charges, unless expressly stated otherwise.
Unless expressly included in the quotation, the Client bears the expenses for travel, transport, hire, meals, accommodation, test tracks, laboratories, preparation of the item subject to inspection, repeat activities, Authority fees and costs incurred with third parties. The current ACI schedules may be applied for the use of company vehicles; documented costs will be charged for other means of transport.
Payment for the activities performed by GreenKar Technical Service S.r.l. is due regardless of the outcome of the inspection and any subsequent assessments or decisions by the competent Authority or other third parties.
In the event of late payment, the statutory late-payment interest provided for by Italian Legislative Decree No. 231/2002 for commercial transactions applies, together with any expenses incurred in recovering the debt, including out-of-court recovery.
Failure to comply with the payment deadlines may result in the immediate suspension of the activities entrusted to GreenKar Technical Service S.r.l. until all outstanding amounts have been paid. Fees for activities already performed and costs already incurred remain payable in all cases.
For services partially performed and not completed for reasons not attributable to GreenKar Technical Service S.r.l., the amounts due will be determined on the basis of the activities actually performed, the days committed, business travel and costs incurred.
10) TIMEFRAMES
The performance and delivery periods specified in the quotation run from the date of completion of the inspection or testing activities and/or receipt of the last document requested and necessary to finalise the assignment, and fulfilment of all obligations incumbent on the Client.
Any timeframes specified are estimates and are not binding, unless otherwise agreed in writing between the Parties. They do not include periods when GreenKar Technical Service S.r.l. offices are closed, any delays or unavailability attributable to the Client, the Manufacturer, laboratories, technical sites, suppliers, competent Authorities or other third parties, or the time required for additional documentation, repeat activities, supplementary checks or requirements that could not be foreseen when the quotation was issued.
With specific reference to inspection activities carried out for type-approval applications, the timeframes for any issue of the Type-Approval Certificate depend exclusively on the competent Authority and therefore fall outside the control and responsibility of GreenKar Technical Service S.r.l.
Any change occurring after the quotation has been signed may require a further review by GreenKar Technical Service S.r.l. and result in revision of the timeframes, costs and/or arrangements for performing the service.
11) SAFETY AND CONDITIONS OF ACCESS TO SITES
For activities performed at locations not directly managed by GreenKar Technical Service S.r.l., the Client assumes responsibility for ensuring that the premises, equipment and operating conditions comply with the applicable occupational health and safety legislation, with particular reference to the obligations laid down in Italian Legislative Decree No. 81/2008 and subsequent amendments and additions.
Before GreenKar Technical Service S.r.l. personnel access the relevant sites, the Client must provide the information necessary to enable the activities to be performed safely, with particular regard to risks present in the work area, applicable internal procedures, prevention and protection measures adopted, and emergency management arrangements.
The Client must also ensure the presence of suitable contact persons and technical personnel to support the planned activities, and ensure access to the areas, vehicles, samples, equipment and documentation necessary to perform the service.
If the safety conditions, information received or operational support available are inadequate, GreenKar Technical Service S.r.l. may postpone, suspend or discontinue the activities without being held responsible for this circumstance. In such cases, the Client remains liable for activities already performed, days committed, travel expenses and any costs incurred.
12) SUPPLEMENTARY ACTIVITIES AND REVISION OF THE QUOTATION
If, after the quotation has been signed, activities beyond those expressly specified in the document accepted by the Client become necessary, GreenKar Technical Service S.r.l. will notify the Client and, where applicable, issue a revised quotation or a specific additional fee proposal.
Supplementary activities include, by way of example: repeat inspections or tests, additional days, activities at further sites, additional documentation required because of incomplete or amended information, reviews following changes to the item subject to inspection, and any other activity not envisaged in the original quotation.
Supplementary activities will commence only after the Client’s written acceptance, including acceptance by email from the authorised contact person.
13) INSPECTION REPORT AND LIMITS OF THE ASSIGNMENT
On completion of the activities performed, GreenKar Technical Service S.r.l. issues the Inspection Report in accordance with the Inspection Regulations, MP-O-017. The Report sets out the activity performed, the requirements applied, the conditions observed, the evidence collected and the outcome of the inspection.
The Inspection Report relates exclusively to the checks carried out by GreenKar Technical Service S.r.l. within the assignment entrusted to it and to the conditions observed when the activity was performed. It does not constitute a type-approval certificate or authorisation to place the product on the market.
Where the Inspection Report is used as part of a type-approval application, it is understood that assessment of the application, acceptance of the request and issue of any type-approval certificate fall exclusively within the competence of the National Type-Approval Authority.
GreenKar Technical Service S.r.l. therefore assumes no responsibility for the outcome of the type-approval procedure, the Authority’s assessment timeframes or any requests, suspensions, refusals, extensions, revisions, revocations or further determinations made by that Authority.
14) USE OF THE MARK
The Client may use the mark of GreenKar Technical Service S.r.l. exclusively in accordance with the terms and limits laid down in the Regulations for the Use of Marks, MP-O-018, available on the website at https://greenkar-technicalservice.it/.
15) CONFIDENTIALITY
GreenKar Technical Service S.r.l. treats as confidential all information obtained or generated in performing the assignment, including information received from sources other than the Client, and binds its personnel and any external parties involved to confidentiality.
Information may be disclosed to third parties only with the Client’s consent, where required by law, when requested by the competent Authority or where necessary for the Accreditation Body’s assessment and surveillance activities. Unless prohibited by law or by the Authority, the Client will be informed of the disclosure. The Client accepts that the Accreditation Body and the competent Authorities may access the sites, witness the activities and consult relevant documents and records for the purposes of assessing, monitoring or verifying the work of GreenKar Technical Service S.r.l.
Personal data are processed in accordance with Regulation (EU) 2016/679, Italian Legislative Decree No. 196/2003 and subsequent amendments and additions, and the privacy notice made available by GreenKar Technical Service S.r.l. on its website.
16) WITHDRAWAL CANCELLATION AND EARLY CLOSURE OF THE ASSIGNMENT
The Client may withdraw from this Contract at any time by giving written notice by registered post with acknowledgement of receipt or certified email (PEC) to segreteriagkts@legalmail.it, with at least 7 days’ notice before the withdrawal takes effect. Advance notice of withdrawal must be sent by email to info@greenkar-ts.com. In this case, GreenKar Technical Service S.r.l. will refund the advance payment after deducting the costs incurred for activities performed up to the date on which the withdrawal takes effect. If the advance payment is insufficient to cover the costs of activities already performed, the Client must pay the remaining balance.
GreenKar Technical Service S.r.l. may suspend, discontinue or close the assignment early if the necessary conditions of competence, impartiality, legality, safety, access to sites, availability of documentation or cooperation by the Client cease to exist, providing a notice stating the reasons.
17) LIABILITY OF THE PARTIES
Each Party is liable for its own obligations. The Client is responsible for the accuracy and completeness of the information provided, identification of the subject of inspection, the availability and suitability of the site, personnel and equipment, and the activities performed at laboratories, technical sites or entities designated or engaged by the Client.
GreenKar Technical Service S.r.l. is not liable for damage, delays, suspensions or additional costs arising from force majeure, unforeseeable events, Authority measures or timeframes, unavailability of third parties, errors, omissions, delays or lack of cooperation by the Client, the Manufacturer, laboratories, technical sites or entities not engaged by GreenKar Technical Service S.r.l.
GreenKar Technical Service S.r.l. is not liable for improper, partial or altered use of the Inspection Reports, or for decisions made by third parties on the basis of documents that have been modified, are incomplete, have been extracted or are used outside their scope of application. Mandatory liabilities provided for by law remain unaffected.
18) COMPLAINTS AND APPEALS
Complaints concerning the service and appeals against inspection outcomes must be submitted in writing, specifying the references of the quotation or Inspection Report, the subject of the dispute, the grounds and any supporting evidence.
Complaints and appeals are handled in accordance with the Inspection Regulations, MP-O-017, and the internal procedures of GreenKar Technical Service S.r.l., ensuring impartial assessment and the absence of discriminatory action against the submitting party. In accordance with the requirements of ISO/IEC 17020, receipt and handling, investigation, assessment and decisions concerning complaints and appeals are carried out exclusively by internal personnel who were not involved in performing the inspection activity under dispute.
Submission of a complaint or appeal does not automatically suspend payment obligations, the effect of documents issued or the performance of activities, unless GreenKar Technical Service S.r.l. makes a different decision supported by reasons, or the competent Authority orders otherwise.
19) VALIDITY OF THE CONTRACT
If the quotation is not accepted within the deadlines specified therein, GreenKar Technical Service S.r.l. may consider it ineffective and non-binding and will in any event remain free to update its contents.
If the quotation is accepted, GreenKar Technical Service S.r.l. reserves the right to extend the validity of the financial terms specified therein for up to a maximum of 12 months.
If the commissioned activity is not completed within 12 months of acceptance of the quotation, for reasons not attributable to GreenKar Technical Service S.r.l., this quotation will be subject to reassessment, with possible revision of the costs and arrangements for providing the service. Any advance payment made will be retained to cover the processing costs incurred up to that time.
If any provision of these Terms and Conditions is invalid, ineffective or unenforceable, the remaining clauses retain full validity. Where necessary, the Parties undertake to replace the provision concerned with a lawful revised provision having an equivalent purpose.
Failure or delay in challenging a breach does not constitute a waiver of the rights or remedies available to the Party concerned.
20) APPLICABLE LAW AND COMPETENT COURT
The contract between the Client and GreenKar Technical Service S.r.l. and the obligations arising from it, even by way of derogation from supranational legislation, are governed exclusively by Italian law and are subject to Italian jurisdiction.
The courts of Rome have exclusive jurisdiction over any dispute concerning the application, interpretation or performance of this contract, without prejudice to cases of mandatory jurisdiction provided for by law.
Any matters not expressly governed by the quotation, these Terms and Conditions, Regulations MP-O-017 and the other applicable contractual documents are subject to the provisions of the Italian legislation in force.