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Terms and Conditions
BINDING EFFECTS
This document contains the terms and conditions on which Impatia srl (Busto Arsizio, 21052 Italy), (“Seller”) will sell products
to you (“Customer”). By submitting an order or a deposit payment for any of Seller’s products, Customer agrees to be bound by
these terms and conditions. Any modifications, amendments, exceptions, and/or cancellations must be agreed upon exclusively.
in writing and must be expressly accepted by Seller. These terms and conditions constitute an integral and essential part of the
sales transaction. The placing of an order by Customer, even in the event of not being signed, or the submission of a deposit
payment, constitutes 32 acknowledgment and acceptance of these general conditions. Furthermore, these terms and conditions
will prevail over any other condition or agreement proposed by the Customer.
PRICE AND PAYMENT TERMS
The price for the products being sold hereunder is set forth on the order confirmation. Payment shall be made 50% (of the total
purchase price plus shipping and taxes, if applicable) upon the placing of the order by Customer, and the remaining 50% shall be
due and payable on or before the estimated shipment date of the products from the manufacturer’s facility in Italy. All payments
shall be via ACH, wire transfer, cashier’s check, or other forms of collected funds, and must be received by the Seller prior to
the estimated shipping date. In the event the Customer fails to timely make any payment due hereunder, the Seller may, at its
option, delay shipment of the products until payment has been made. Upon default by Customer hereunder, Customer shall be
responsible for any collection costs, attorney fees, or other costs and expenses incurred by Seller in enforcing its rights hereunder.
In addition, interest shall accrue on any sums due hereunder at a rate equal to 1.5% per month from its due date until paid.
SHIPPING
All products sold hereunder FCA Olgiate Olona, shipping point (Italy), ICC Incoterms® 2020 and the cost of transportation shall
be borne by Customer. The seller cannot and does not guarantee a shipping date for the products. Any shipping date supplied by
Seller to Customer is solely an “estimated” shipping date and Seller shall not be responsible for any delays in shipment, including
but not limited to any delays caused by strikes, labor shortage, res, floods, customs, or import inspections. All products are
shipped disassembled and flat-packed in fumigated crates.
WARRANTY
Seller warrants that the goods to be supplied hereunder will conform to the description on the face hereof; that it will convey
good title thereto; that such goods will be delivered free from any lawful security interest or other lien or encumbrance unknown
to customer; and that such goods will be free from defects in material and workmanship for a period of two years from the date of
delivery to the Customer. There is no warranty that the goods shall be fit for any particular purpose nor is there any other warranty,
express or implied, except such as is expressly set forth herein. Seller shall not be liable for any incidental or consequential damages
for any breach of warranty, seller’s liability, and customer’s exclusive remedy being expressly limited, at seller’s option, to the repair
of defective goods, or the replacement thereof with conforming goods at the fca point shown on the face hereof, or the repayment
of the purchase price. Replacement of defective goods or repayment of the purchase price therefor will be made only upon return
of the defective goods which may be returned at the cost of seller only after inspection by seller and receipt by customer of definite
shipping instructions from seller.
ALL SALES FINAL
All sales are final, and once shipped, products are not subject to return except in accordance with the terms of the limited warranty
set forth in Section 4 above. This order may be canceled by Customer within 7 days after confirmation of the order by Customer,
and Seller agrees to refund to Customer any deposit or other sums paid prior to cancellation, less 10%. Any order canceled more
than 7 days after confirmation of the order shall result in a forfeiture of any deposits or other sums paid by Customer prior to
cancellation.
WAIVER
No provision hereof and no breach of any provision shall be deemed waived by reason of any previous waiver of such provision or
any breach thereof.
LIMITATIONS ON LIABILITY
In no event shall Seller be liable to Customer for special, incidental, or consequential damages (including, but not limited to, loss
of profits, loss of data, or loss of use damages) arising out of the manufacture, sale, or supply of the products. All products are
made for indoor use.
NO RIGHTS CAN DERIVE FROM THE IMAGES. IMPATIA RESERVES THE RIGHT TO MODIFY THE MODELS, AND THE COLORS
WITHOUT ANY OBLIGATION TO MODIFY THE PRODUCTS ALREADY ON THE MARKET. COLORS ARE INDICATIVE.
