1. GENERAL
1.1 This document is addressed to customers of Fabbian Srl srl (hereinafter “Fabbian Srl).
1.2 Its purpose is to establish the conditions regulating all purchase agreements between Fabbian Srl and individual customers
(hereinafter “general conditions of sale”). Installation operations carried out by Fabbian Srl are not included.
1.3 Purchase agreements regulated by the general conditions of sale refer to products carrying the Fabbian Srl brand (hereinafter
“products”).
1.4 The general conditions of sale are not in any way a direct offer by Fabbian Srl to third parties purchasing the products, and can in
no way commit Fabbian Srl towards third parties, that is to say the end purchaser of the products.
2. QUOTES
2.1 Quotes submitted to customers by Fabbian Srl are valid for a maximum period of 30 (thirty) days from the date of sending the
quote and do not bind Fabbian Srl to supply the products in question.
3. ORDERS
3.1 Under the terms of art. 1329 of the Italian Civil Code purchase orders signed by customers and addressed to Fabbian Srl are a firm
irrevocable commitment for a period of 30 (thirty) days from the date they are received by Fabbian Srl.
3.2 A purchase agreement becomes valid when:
a) Fabbian Srl has confirmed the purchase order in writing; or
b) Fabbian Srl has actually executed the purchase order.
3.3 Any amendments or integration to the individual dispositions in the general conditions of sale or purchase order are ineffectual if
not expressly approved in writing by Fabbian Srl. In the event of amendments to the purchase order Fabbian Srl reserves the right
to null both the amendments and the original purchase order.
3.4 The product delivery date indicated on the purchase order is always indicative and any delays shall not be the cause for claiming
damages or terminating the agreement. In particular, Fabbian Srl reserves the right to extend the terms of delivery and also to
cancel the purchase order due to force majeure or events outside its control; changes in the customer’s legal standing; difficulties
in finding supplies of raw materials and components.
4. DISPATCH AND DELIVERY
4.1 The products are dispatched from our production facility, i.e. the registered place of business of Fabbian Srl.
4.2 If the terms of delivery for the goods are Ex-works Castelminio di Resana (TV), risk is transferred from the moment the products are
delivered by Fabbian Srl to the customer, who shall pay the transport costs.
4.3 Unless otherwise agreed, Fabbian Srl will establish the type of transport, route and carrier on the customer’s behalf.
4.4 Fabbian Srl reserves the right to partially carry out the order or make partial delivery of the products on the purchase order. All
partial deliveries will be invoiced separately and the conditions of payment will apply from the date of each invoice. Payment
for partial deliveries cannot be deferred until all the deliveries relating to the purchase order have been made. Clause 4.1 hereof
also applies in the event of partial deliveries.
5. PRICES AND PRICE LISTS
5.1 The price is the one indicated in the latest Fabbian Srl price list, for products delivered to the customer in normal packing, VAT
and shipping fees not included (hereinafter “price”). The latest price list is sued by Fabbian Srl makes all previous ones null and
void. If changes are made to the price list within the 30 (thirty) day period mentioned in clause 3.1 hereof, the price list valid when
Fabbian Srl receives the purchase order will be applied.
6. PAYMENT
6.1 Payment shall be made in the terms agreed upon. Without prejudice to greater damages, failure to pay the price within such term
shall cause the application of interest for delayed payment in commercial transactions, at the rate established by Italian Legislative
Decree No. 231 of 9.10.2002 (implementing European Directive 2000/35/CE and the Vienna Convention of 11.04.1980, ratified by
the Italian state through Law No. 765/1985) and later amendments and updates. Such interest shall be applied from expiry of the
date on which payment was due and will fall collectible after the third reminder by Fabbian Srl.
6.2 The customer shall not question Fabbian Srl or formulate exceptions until the price has been paid.
6.3 In the event of irregular payments Fabbian Srl reserves the right to block all purchase orders and all deliveries in progress, without
notice and without this being cause for claiming damages.
7. TITLE RETENTION CLAUSE
7.1 By convention, the products shall remain vested in Fabbian Srl and shall not pass to the customer until the purchase price has
been paid in full, regardless of who detains the products. Transport costs and other charges relating to taking them back, as well
as extraordinary and recurring costs, shall be paid by the customer.
8. TRADE MARKS AND DISTINGUISHING SIGNS
8.1 The customer is expressly forbidden to violate the rights of Fabbian Srl and in any case cannot remove, suppress or alter trade
marks and other distinguishing signs or logos of any kind whatsoever attached to the products. In the same way new labels of any
kind whatsoever cannot be attached to the products. Furthermore, the Fabbian Srl trade mark or any other distinguishing mark on
the products cannot be used or reproduced in any way unless authorised in writing by Fabbian Srl.
9. EXPRESS TERMINATION CLAUSE
9.1 Under the terms of art. 1456 of the Italian Civil Code, if the customer fails to pay, or delays payment, even partially, of the price in
the way laid down in clause 6 of these conditions of sale, the purchase agreement shall be terminated and Fabbian Srl shall have
the right to claim damages as well as return of the products not paid for by the customer.
10. AGREEMENT BETWEEN THE PARTIES
10.1 In the event of pre-existing and intervening agreements between Fabbian Srl and the customer regarding returns and terms of
payment, such agreements shall prevail over those established by the general conditions of sale.
11. APPLICABLE LAW AND COMPETENT COURT
11.1 Purchase agreements concluded according to the general conditions of sale are subject to Italian law, without exception, and shall
be interpreted in the light of said law.
11.2 Any controversies arising with regard to the above-mentioned purchase agreements shall be subject to Italian jurisdiction and the
competent court shall be that of Treviso, Italy.
The photographs in our catalogue are indicative of the product and are not contractually binding.
All data have been carefully drawn up by Fabbian Srl, which reserves the right to vary or update them at any time.
487 • Fabbian Design Book
