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Contractual Conditions

General Terms and Conditions for Access to and Use of the RMI Technical Information System

1. Contractual Agreement

1.1 This agreement ("Agreement") is entered into between your company or contractual entity, as further specified in Art. 2.3, ("Customer") and Stellantis Europe S.p.A. with place of business in Torino C.so Agnelli, 200, VAT number 07973780013 ("Stellantis"). The Customer and Stellantis are cumulatively referred to as the “Parties”.

2. Subject of the Agreement and Scope of Application

2.1 This Agreement relates to access to the website containing the online Repair and Maintenance Information ("RMI") of Stellantis for its brands Fiat, Lancia, Alfa Romeo, Fiat Professional, Abarth, Jeep®, Serie Speciali ("Brands"), and to the services website www.technicalinformation.fiat.com ("RMI System"), and the use of the Technical Information and services contained therein ("Services") on the terms and conditions set out below.

2.2 RMI shall have the meaning as defined in § 2.5. of Annex X of Regulation 858/2018/EU and its updates. In particular, this shall include all information provided to authorised repairers for the repair or maintenance of vehicles of the brands that Stellantis or connected parties may introduce to the market. Particular examples of RMI include software, fault codes and other parameters together with associated updates, which are required to reset, reprogram, reset, reinitialise, or other work on vehicle electronic control units (ECUs) with the aim of restoring the settings recommended by Stellantis, or in the case of replacement, to reintroduce such settings; vehicle identification methods spare parts catalogues, including parts codes, descriptions, price lists and illustrations thereof; technical solutions resulting from practical experience and relating to problems typically affecting a given model or batch of vehicles; information relating to recall campaigns as well as other information relating to repairs to be carried out by the authorised service network at Stellantis' expense. Access to equipment includes access to electronic diagnostic tools (e.g. wiTECH2) and other repair tools, including related software and their periodic updates, as well as after-sales services related to these tools.

2.3 The material contained in the RMI System can be consulted on-line with payment by credit card or via PayPal as defined in Art. 3.2.

2.4 During the registration process on the RMI System, the Customer agrees to accept the terms and conditions set out in this Agreement.

3. Costs for using the RMI System

3.1 The description of the duration of the connection to the RMI System and its prices is detailed in the RMI System. The subscription allows access to information on one or more of the six brands: Lancia, Fiat, Alfa Romeo, Fiat Professional, Abarth, Jeep®. Single brand and multi brand subscriptions are available, as shown on the purchase form. Taxes are calculated based on the country of residence, indicated by the Customer during registration.

3.2 The connection can be activated directly from the RMI System with the “Buy” option and online payment via X-PAY Nexi or PayPal.

3.3 The Nexi X-PAY payment system

Technical Information also uses X-PAY Nexi for paying for purchased services online, among other services. After having browsed the virtual store, filled in the order form and supplied all the necessary information, the Customer will be asked for details for paying by credit card as follows:

  1. The connection is transferred from the RMI System directly to the X-PAY Nexi secure server. A closed padlock or key will appear on the bar at the bottom of the browser to indicate a secure environment.
  2. The system requires the provision of reserved information including the Customer's details, the number, type and expiry date of the credit card used for payment. Credit card data will be managed and recognised only by X-PAY Nexi. Stellantis will have no access to this type of data.
  3. The purchase total is automatically transmitted from the Shopping Cart to X-PAY Nexi and taxes, where applicable, will be added.
  4. Using this information, X-PAY Nexi will make a POS transaction on the interbank system and will obtain confirmation or rejection of the payment; if the system validates the payment, the purchase total will be charged to the Customer; if it does not, the transaction cannot proceed unless alternative means of payment are used.
  5. If the payment is confirmed, the Customer will receive an email summarising the order, confirmation of payment and the credentials needed to activate the service.
  6. X-PAY Nexi will end the session at the end of the operation and the Customer will automatically go back to the Technical Information RMI System.

For more information, see https://www.nexi.it/

3.4 The PayPal payment system

Technical Information also uses PayPal for paying for online services. After having browsed the virtual shop and entering the required data in the purchase order, the customer will be asked to enter payment data according to the methods established by the PayPal circuit at https://www.paypal.com/it/webapps/mpp/ua/useragreement-full

3.5 The session will start at the login date and time, irrespective of the registration date. For example, if after registration the Customer logs on for one hour at 10:18, the session will end at 11:18 on the same day, local time, regardless of the actual browsing and/or connection time. Customer must therefore determine whether the flat rates indicated in the table are appropriate to their needs with regard to the nature of the RMI required and the agreed browsing terms.

4. Intellectual Property Rights

4.1 All texts, drawings, images, graphics and other material on the RMI System are the intellectual property of Stellantis, its associated or affiliated companies and its licensees. Stellantis and its associated or affiliated companies retain all rights relating to the selection, organisation and management of website material.

4.2 All brands displayed on the RMI System are subject to trademark rights registered in the name of Stellantis or its related or affiliated companies. The unauthorised use of any registered trademark displayed on this RMI System is strictly prohibited.

4.3 The RMI System, including all materials, is protected worldwide by the laws applicable on a case-by-case basis concerning intellectual property rights and the rules for using such rights, whether or not a statement concerning such rights on materials is present on the RMI System. The Customer shall comply with all international intellectual property rights relating to the RMI System and its use and shall not copy materials unless authorised.

5. Guarantees, Liability and Limitations of Liability

5.1 The Customer shall comply with the provisions set out in this Agreement, all the rules governing activities on the RMI System, the use of Services and RMI, together with all national and international laws and standards in force applicable to the Customer's activities on the RMI System, either directly or through third parties.

5.2 In particular, the Customer shall agree:

  • not to use the RMI System and the Services in fraudulently, illegally or without authorisation;
  • not use the RMI System and its Services in breach of current laws on intellectual property, the applicable rules and requirements defined by FCA;
  • not to use the RMI System in a manner that could disturb or hinder the access of other Customers;
  • not to remove, conceal or damage a statement of copyright, a brand name or statements of property rights added to or contained in the RMI System and in the Services;
  • not to allow the disclosure or unauthorised copying of part of the RMI System or of the information and documentation obtained therefrom;
  • not to allow access to the RMI System or one of its contents or its use via or for the benefit of a third party;
  • not to create frames on other websites using information elements obtained by means of the Services or referring to them;
  • to be liable for the security and/or the use of their username and password and not to reveal them to third parties;
  • to use the RMI System in accordance with this Agreement.

5.3 In view of the circumstances, Stellantis may adopt all necessary or appropriate measures with regard to the use of the RMI System and its Services by the Customer. In particular, Stellantis may totally or partially interrupt, limit, suspend or prevent access to the RMI System and the Services without notice or compensation if the Customer's conduct was incorrect or if the Customer's actions were prohibited by law and current standards or by this Agreement.

5.4 Stellantis shall not be responsible for direct or indirect damage caused to the Customer or to others with regard to the Customer's use or management of the RMI and Services on the RMI System. The Customer shall compensate and exempt Stellantis from any action, payment or damage compensation request arising out of or relating to actions or omissions of the Customer or arising out of or relating to the use of the RMI System or the Services.

5.5 Stellantis makes the RMI System available solely for the purposes of information. As repair and servicing expert of Stellantis vehicles, the Customer is responsible for verifying the appropriateness and accuracy of information downloaded from the RMI System and the manner in which such information is used. Stellantis does not guarantee that the information accessible through this RMI System is accurate, complete or up-to-date, nor that the RMI System or any function or material that they contain is free of defects or errors.

5.6 Stellantis cannot under any circumstances be held liable for the repair and servicing operations carried out on vehicles by the Customer or third parties using the RMI System and/or the services offered by the RMI System, because the executors alone are fully responsible.

6. Duration of the Agreement

6.1 This Agreement shall last indefinitely. The Customer may terminate the Agreement at any time by written notice to be sent to Stellantis by registered mail with return receipt or by certified mail ("PEC").

6.2 The Parties may terminate the Agreement at any time following default by one Party on its obligations under the Agreement.

7. Auditing Rights

7.1 is entitled to periodically audit RMI System use by the Customer, in compliance with the confidentiality clauses of this Agreement, to ascertain that the Customer complies with the Agreement.

8. Updating of the Website

8.1 Stellantis reserves the right to amend the access methods to the RMI System at any time. The Customer is responsible for implementing the amendments and updates and must therefore consult the RMI System regularly to establish the conditions to be applied.

9. General Conditions

9.1 Transfer: The Customer cannot transfer any right or obligation contracted as a result of this Agreement without the prior written authorisation of Stellantis.

9.2 Waiver of Rights: The fact that a Party either does not assert or delays to assert a right, power or privilege deriving from these Contractual Conditions cannot be interpreted as a waiver of said right, power or privilege. A right is effectively waived only if this is established in a written document signed by the Party affected.

9.3 Notifications: All notifications pertaining to these Contractual Conditions must be sent by mail or fax and confirmed by means of registered mail with advice of receipt, or with certified mail ("PEC").

9.4 Autonomy of Provisions: The invalidity or inapplicability, either total or partial, of one of the provisions of this Agreement will not imply the invalidity or inapplicability of other provisions with regards to laws or standards currently in force.

9.5 Force Majeure: Events of force majeure are, in addition to those normally considered such in jurisprudence by Italian courts, specifically strikes inside and outside the company, bad weather, restrictions, changes imposed to forms of marketing by the government, legal amendments, computer faults and telecommunication shutdown, deterioration of the Stellantis servers, and any other case which does not depend on the express intention of Stellantis. The occurrence of a case of force majeure will initially suspend the performance of these contractual conditions by right. If, after a period of three months, Stellantis and the Customer ascertain that the event of force majeure persists, this Agreement will be automatically terminated unless otherwise agreed by Stellantis and the Customer.

10. Manner for Solving Disputes

The Parties shall operate in good faith to solve any disputes which could arise with regards to this Agreement. In case of dispute arising from or related to the present Agreement, if the Customer (independent repairer or association of repairers) so requires, Stellantis agrees to accept an arbitration mechanism for solving the disputes in accordance with the rules of the International Arbitration Chamber of Milan via the risolviOnline.com procedure. The online arbitration process will be conducted with the assistance of an arbitrator of the Member State where the Customer is based in the official language of said Member State. The specific regulations and procedures are described on the http://risolviOnline.com website.

Disputes which may be solved by the arbitration mechanism are, by way of indicative, non-exhaustive example: application/interpretation of this Agreement, availability of technical documentation (Repair Manuals, Flat Rate Manuals, Spare Parts Catalogues, Training), completeness of technical information, languages in which technical information is available, subscription to websites, purchasing of technical documentation and diagnostic equipment, prices and discounts, payments, interruptions/faults of the Services on the Website (if attributable to Stellantis). The arbitration mechanism is not applicable for disputes not directly deriving from the Agreement and the Technical Information present on the Website including, by way of indicative, non-exhaustive example: delays in delivery of spare parts and/or genuine Mopar® equipment, delays in repairing Stellantis vehicles caused by delay in delivery of spare parts and/or genuine Mopar® equipment, warranty and product claims concerning Stellantis vehicles, generic claims on Stellantis vehicles, claims related to FCA network dealerships and/or repairers, claims related to vehicle assistance.

Unless otherwise agreed by the Parties, if the Parties have not settled the dispute through mediation within 45 days of its commencement, the dispute may be submitted to the exclusive competent Court of Turin. This Agreement shall be governed by and construed in accordance with the laws of Italy. The Italian language shall prevail over any translation of this Agreement.

The mediation mechanism is without prejudice to any right of the client to apply directly to the exclusive competent court in Turin.

11. Specific Approval

The Customer specifically declares to have examined the Article 5 and to approve them in accordance with Art. 1341 of the Italian Civil Code.