GENERAL TERMS OF SALE
1. This price list cancels and replaces the previous ones and is not a proposal.
2. The product prices may be changed by the vendor at any moment without prior notice; all prices are not inclusive of installation.
3. The vendor reserves the right to alter the construction materials, the technical and visual characteristics and also the dimensions of the products, at its own unquestionable discretion and without any prior notice.
4. Product images are purely indicative.
5. In addition to the specific terms agreed each time, sale is governed by these general terms, which are considered to be known by the purchaser; any clauses derogating from these general terms of sale must be in writing.
6. The purchaser’s purchase proposals and/or orders are conditional upon the vendor expressly accepting or starting fulfilment of the agreement, in cases where this is permitted. Any subsequent amendment to the sales agreement will not
be valid and binding unless entered in a written document signed by the party being asked to accept this amendment.
7. In compliance with article 1510 of the Italian Civil Code, delivery of the goods sold is with remittance thereon to the carrier or forwarder, so that the goods travel at the purchaser’s risk and danger; this also applies in cases where the
goods are sold free to the purchaser’s address. Any other request, complaint and/or action relating to shipment or transport of the goods must be brought by the purchaser directly against the forwarder or the carrier. Any damage, loss or
breakage of the goods sold which is attributable to shipment or transport thereof will not exempt the purchaser from liability for payment of the agreed price.
8. The delivery time is indicative and not binding; it may be delayed without any obligation of indemnity or compensation of any direct or consequential damages suffered by the purchaser as a result of late delivery and without this leading to
termination of the sales agreement due to the vendor’s non-fulfilment.
9. With the exception of cases of force majeure, in the case of strikes and all other cases which temporarily prevent the vendor from fulfilling the sales agreement properly, the vendor is entitled to withdraw from the agreement, without the
purchaser being entitled to claim any damages, except for the repayment in the case of withdrawal, of any amount paid as an advance.
10. Payment of the sale price of the products must be made at the vendor’s registered office. In the case of late payment, the purchaser will automatically be placed in arrears and will be required to pay interest in the amount and from the
time required by Legislative Decree 231/2002 for late payment in commercial transactions.
11. The vendor is not liable for any defects of the products known or knowable to the purchaser, who has not immediately refused to accept delivery of the goods. Disputes or complaints over the product quantities must be notified upon deli-
very, with noting on the relative transport document. Replacement of the product does not signify acceptance of the claim or complaint. The purchaser will only be credited the amount after the faulty products have been
returned and provided that the vendor’s liability has been recognised or otherwise ascertained.
12. The drawings, models, graphs and other technical information on the products being sold, and also samples, catalogues, photographs and similar materials, always remain the intellectual property of the vendor and may not be copied, or
transmitted to others, or used in any other way.
13. The amounts paid by way of a deposit may be withheld by the vendor if the order is cancelled and/or in all other cases of non-fulfilment by the purchaser which justifies the vendor’s withdrawal, without prejudice to the right to request ful-
filment of the agreement and also the right to demand compensation of greater damages. In contrast, if the purchaser fulfils its contractual obligations, the amounts paid by way of deposit will be allocated to payment of the price; said amoun-
ts, and all other advances, will be non-interest-bearing.
14. Any tolerance by one of the parties of the other’s conduct which breaches the clauses governing sale does not constitute waiving of the rights deriving from the breached clauses nor the right to demand precise fulfilment of all the terms
and conditions contained in the sales agreement.
15. The vendor maintains ownership of the products until complete payment of the price indicated on the invoice. Up until that date, the products delivered are considered as only held in deposit by the purchaser. The latter therefore accepts
the risk of damages to the products deposited attributable to any cause.
16. The purchaser is invited to pay particular attention to the fact that not all products on the price list are compatible with the US or Canadian markets. Consequently, if intending to use or export said products into the USA and/or, in any
case, into any other non-EU country, the purchaser is required to contact the vendor’s sales office beforehand for confirmation that the product concerned satisfies all technical requirements and legal standards protecting final consumers on
the market of destination. The vendor declines all liability consequent upon initiatives taken by the purchaser without it having been informed beforehand and irrespective of any written authorisation of the vendor for exportation to and/or use
of the product in a non-EU country.
17. The purchaser is required to inform its own customers and/or final users of the product characteristics, in order to reduce to a minimum the risk of improper use which could expose the vendor to possible claims of damage. In the case of
failure to provide this prior information, the purchaser expressly exempts the vendor from any hypothetical liability.
18. The seller guarantees the conformity of the products to the specifications indicated in the order confirmation, except for the tolerances considered acceptable in industrial production.
19. The seller does not guarantee the suitability of the products for particular purposes and/or special uses, unless specifically requested by the buyer and expressly accepted in writing by the seller with a statement in the relative order con-
firmation; the buyer must ensure that any specific standards and/or legal requirements are specified in the relative order confirmation of the seller.
20. The seller’s information regarding specific suitability of the products is purely indicative.
21. Any eventual consulting and/or design activity and/or calculation carried out by the seller pertaining products is to be considered purely indicative and represents a simple suggestion concerning products’ generic positioning, hence not
binding. Each suggested fact must be fully verified by the buyer; the seller assumes no responsibility for the results of such activities.
22. Since the applications of the products made by the buyer are beyond the seller’s control, the seller is not responsible for the actual use of the products; the seller is not responsible for any damage and/or loss resulting from incorrect or
unusual application of the products.
23. Cancellation of an order by the buyer is permitted only in exceptional cases and subject to prior written consent from the seller.
24. In case of orders containing non-standard products and/or colors, the buyer must purchase the entire production carried out specifically for this purpose.
25. Unless otherwise agreed and unless in case of fraud, the seller’s liability for the products sold is limited to an amount equal to three times the value of the order confirmation, even in case of severe guilt.
26. Milan Court will be the sole court of competent jurisdiction for all disputes which may arise in relation to sale and any actions of amendment and enforcement thereof, including those relating to the validity, effectiveness, interpretation,
fulfilment and termination of the agreement.
27. In any case, before purchasing the products, it is necessary to consult the terms of sale, technical characteristics and furthermore the following:
WARNINGS
- Before installing the products, check the bearing capacity of the wall/floor/surface on which the products will be positioned, ensuring they are suitable for the intended type of user/use.
- The products are not suitable for use by children.
- The products are not suitable for use outside.
- If the products are applied to the wall/floor/surface, they must be installed with anchoring devices (not shown in the catalogue).
- The products must be assembled and/or installed exclusively by skilled technical personnel, using instruments and tools appropriate for this purpose.
- Carefully read the instructions enclosed with the product before proceeding with assembly and installation, paying particular attention to the warnings and to the explanatory drawings; if the instructions are not attached, contact the vendor’s
technical office.
- Suitable attachment devices must be used to attach the products to the wall/floor/surfaces, which are strong enough to resist the forces generated; in any case, suitable supporting elements to support each individual element must be used.
- In the case of incorrect installation and/or weights exceeding the maximum loads indicated on this price list and/or the instructions attached to the individual products, a situation of danger could be created, the products could collapse, fall
and cause damage to people and/or things: never exceed the loads indicated.
- Do not install the product in the case of any doubts over the methods of installation and/or bearing capacity of the wall/floor/surface on which the product is to be positioned.
- Comply with the instructions and compositions shown on this price list; for different compositions and/or further information on the products or installation methods, contact the vendor’s technical office.
- Slight color differences between one lot and another have to be considered normal, within usual tolerances usually accepted for industrial productions.
- The authentic text is only in Italian, the translation has the mere purpose of simplifying the reading.
