COURT OF ... ...
Sec. ... ... Civ. - Dr. Judge. ... ... In the civil lawsuit brought by
:
Alfa, represented. ... ...
- Actress -
AGAINST
Beta, represented. ... ...
- defendant -
appearance and
RESPONSE IN THE INTEREST OF THE DEFENDANT BETA Beta
The company, in the person of the only pro tempore, Mr.. ... ..., Appointed by resolution of the shareholders ... / .. / .... which is attached in acts, duly authorized representative within the meaning of Association, with headquarters in ... ..., (CF & P. \u200b\u200bIVA ... ... ... ...), represented and, under warrant of attorney in the bottom of this Act, by .. ... ... ... ... Of the hole, and elected domicile at the office of the latter ... ...
EXHIBIT
By writ of summons served on ../../ ...., Alfa, a company established in ... ... has Beta defendant before this Tribunal, requesting it to be ascertained and declared, pursuant to Art. 1493 cc, the termination of the contract for the purchase of an industrial kitchen concluded on ../../ .... And that, therefore, should be ordered Beta the return of the consideration paid by Alfa, plus statutory interest and currency appreciation and compensation for all damages suffered by Alfa as a result of the alleged failure of that kitchen. Alfa
outlined in that regard that it had bought the kitchen of the above, the defendant company, the canteen located within your site ... ... and he had agreed with the seller for the payment of a fee of sales amounting to ... ... to be paid in the delivery and in part, to balance, as a result of testing and monitoring development activities to be carried out in contradiction with the parties. Reports
still attacking society that the kitchen was delivered and installed on ../../ .... by technicians of Beta that would confirm the immediate usability and, on that occasion, Alfa has paid to Beta, by bank transfer, the first installment of the price of € ... ... ...
On ../../ . occurred at the headquarters of Alpha, the claim that gave rise to this dispute, and which were claimed by the plaintiff, in addition to having caused the destruction of the dining areas by Alfa, has caused serious damage to a neighboring property owned by Zeta and serious injury to Mr. Tom and Mr. Harry, this same employee of Alfa.
Alfa, therefore, considered that the cause of the accident is due to defects and flaws in the kitchen fitted by Beta, after informing the defendant of its wish to terminate the contract with the same elapsed under Article. 1492 cc, has demanded and claimed by the latter, in addition to the return of the price already paid, compensation for damages suffered and suffered, as described in the technical report on Mr. ../../ ... ... ...., filed by the opposing party sub doc. No ... ...
Beta, as shown above, defense, disputes in fact and in law all the above in the summons and was established in this court asking that the opposing claim are rejected in their entirety for the following. REASONS
First, the contract in question, the parties expressly provided for the exclusive jurisdiction of the Court of ... ... for all disputes relating to its "interpretation, performance, resolution and / or termination, for any reason occurred (see art. ... ... ... ../../ content in the order given. see doc. Chambers. ... No ....)
It therefore argues at the outset, the jurisdiction of the court in favor of that of the Court of ... ...
the merits, should be immediately clear that Beta, is engaged in commodity production and sale of kitchens, since ... ... in a leading position in the market both nationally and internationally (Doc. No ... ...).
His brand has become synonymous over the years of high quality and reliability.
Beta activity has always been characterized by extreme attention to functionality and safety of products sold, which was evidenced by the fact that Beta was a pioneer, both on the national scene, and in the € ment, provide the appropriate quality certifications ... ... (see doc. nn. ... ...).
no coincidence that Alpha Beta has had with long-standing customer relationships, having been given to the defendant company, not only for the purchase of food the subject of this dispute, but also for the supply of ... ... without having ever had anything to complain as to the operation of the purchased goods. The initiative taken by the actress
court reaches, however, unexpected, since the verifications carried out by technicians of confidence of the parties and the investigations conducted by the Fire Department, in the establishment of Alpha, in order to identify the causes of the accident described in the summons, revealed circumstances which exclude any liability of Beta in relation to the damage alleged by the defendant.
are produced in this regard, the technical report of the engineer. On ... ... ../../ .... (Doc. No ... ...), and the report drawn up by the fire on ../../ .... at the conclusion of all investigations carried out at the left (Doc. No ... ..., that party has failed to produce, having annexed to the minutes of the proceedings only the first intervention of the same Fire Brigade), in which they were highlighted several deficiencies in equipment for the natural gas and electricity which was equipped with a canteen of Alfa. The
these plants, in fact, were non-compliant (security) currently in force and wholly inadequate to the effective functioning of new kitchen supplied by Beta. Circumstances, those who have certainly had a major part in the verification of the claim on which is at issue.
Moreover, the need to provide safe and efficient systems to ensure the proper operation of appliances purchased and safety of the people who have used has been duly represented by the seller to Alpha Beta, and the latter is also confirmed by the engineers at installation of new kitchen. This is so true that Beta, in front of the reluctance of Alpha to collect the above information, has asked for and received in the sale contract would be an exemption from liability of the seller for any damages due to defective and / or irregularities in plant and premises of the acquiring company, with particular reference to those resulting from failure to comply with the law (see doc. ... No ....)
pads above apply, then, to deny the allegations of party foundation.
It also points out that the assumptions made by the actress about the causes of what happened in their establishment is unlikely for the same dynamic of the facts.
Consider that the incident in question caused the destruction of the premises of the canteen located at the site of ... ..., and serious damage to people and property even at a considerable distance from it.
This is for the occurrence of a violent explosion, as also emphasized the Fire Department in their report, is due most probably to a rich gas leak.
Such an occurrence can not be attributed to the exponent, which not only made the installation of the kitchen in full compliance with technical requirements and security measures similar to preside, but has used (as far as the connection of appliances to plumbing, electrical and gas supply natural gas), the assistance of the workers and technicians trust Alfa. The latter, for each installed component, was undertaken the appropriate checks functioned properly, the results of which confirmed the usability of the entire kitchen.
Needless to say, no responsibility can be ascribed to the defendant for the accident in question, the same can not be accused of failure, so just do not see under what conditions the actress claims to terminate the contract of purchase kitchen and the defendant to obtain the return of what has previously been paid by way of price, in addition to compensation for damages.
The defendant, indeed, not only does not have anything to plaintiff, but against it, has a claim far greater amounts of the same claims in these proceedings.
In this regard it is noted that Alpha was the same as to admit that he only paid a portion (equal to € ... ...) of the agreed to purchase the food industry, amounting to € ... .... Consequently, still remaining to be paid to Beta the sum of € ... ... as per Invoice No Of ../../ ... ... ...., Which produces sub doc. No
... ... It should be added that Alpha Beta is indebted to the further amount of € ... ... ... ... relating to previous deliveries, as evidenced by invoices nos. And ... ... ... ... issued by the defendant on ../../ .... and never challenged by the other party (doc. nos. ... ...).
The application of the plaintiff should therefore be rejected, the same actress must be ordered by way of counterclaim, to pay to Beta sums listed above, plus any interest due.
The defendant, then, opposes the admission of testimonial evidence deduced from the party alleging circumstances as general and immaterial to the decision of the case. For the reasons set out
, Beta, as shown above and defense, asking for acceptance of the following
CONCLUSIONS
Like it all'Ill. Mo Court hearing the case, rejected any contrary instance and exception,
First Rite:
decline jurisdiction in favor of the Territorial Court of ... ... for reasons explained in the narrative of this occurrence.
the merits, principally:
A) dismiss any claims made against Alfa Beta, as unfounded in fact and in law, and quantum nell'an;
In a counterclaim:
B) order to Alfa Beta correspond to the sum of € ... ..., of which:
- € ... ... the balance of the fee payable for the purchase of industrial kitchen in dispute, as per Invoice No Of ../../ ... ... ...., Attached acts;
- € ... ... as payment for the supply of ... ..., respectively, performed on ../../ .... ../../ and on ...., as invoices No Of ../../ ... ... .... and No Of ../../ ... ... ...., Attached to instruments;
all over the legal interest by the deadlines specified in the invoices to the actual balance.
In any case:
C) order the plaintiff to pay the costs, the rights and fees due, plus accessories of the law;
By way of investigating
D) accept oral testimony on the following chapter:
1) true that on ../../ .... at the headquarters of Alpha in ... ... participated in the installation of industrial kitchen provided by Mr Beta. ... ..., An electrician, and ... ..., plumber, trustworthy technicians Alfa, by the latter task of ensuring the connection of appliances in the kitchen facilities as water, electricity and supply of natural gas, and that the outcome assembly, the said engineers have tested the appliances in question confirmed that they could be used immediately.
You indicate which texts
- Mr. ... ..., Residing at ... ... on ... ...;
- Mr. ... ..., Residing at ... ... on ... ...;
subject to deduct additional chapters and testimonial evidence to indicate texts in the period to be assigned by the court under art. 183, paragraph 6, No 2, the CPC, which are presented for the award right now;
E) rejected, in addition, each instance of inquiry made by the counterparty for the reasons stated in documents.
F) In the unlikely event of admission of the evidence relied on testimony by the plaintiff in the summons, the defendant contends, as of now, to be admitted in evidence to the contrary made by the defendant on the chapters with the text above.
subject to any further deduction, and further define the meaning of art. 183 cpc, including in relation to defense which will be held by the counterparty in the relevant terms.
Attached:
- a copy of the summons served.
They produce a copy of the following documents:
1) ... ...;
2) ... ...;
(If the value of the counterclaim exceeds the value of the claims of the plaintiff, as stated in the summons, the defendant must make a declaration at the bottom of pop, as in the example below, and take responsibility to integrate the unified contribution paid by the plaintiff.)
In compliance with the provisions of articles when. 9 ff. of presidential decree No. 115/2002 (TU of laws and regulations relating to legal costs), we hereby declare that the Constitution elevates the value of the procedure from € to € ... ... ... ..., resulting in integration of the contribution due to the unified rate of € ... ... ... ...
there
Signature ... ... ... ...
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