1. Contractual regulations
These general sales conditions, save any
modifications or variations agreed upon in
writing, govern all sales contracts between us
and the purchaser, thus including the contract
concluded with the acceptance of the order
as well as any future contract related to the
supply of our company’s products ordered
with subsequent and distinct commissions.
Any variations on the general sales conditions,
the transactions and allowances, even if made
on the initiative of our Agent, will be binding
for us only upon our written confirmation and
in any case limited to the contracts to which
they refer.
2. Subject of the supply
The supply includes only the services, materials,
and quantities specified in our acknowledgment
of order or in other written communication sent
by us. Should there be any differences in the
offer or order, our acknowledgment of order
is to be considered the only valid document.
Partial processing of the order without our
previous acknowledgment does not mean that
we have approved the complete order, but
rather partial acknowledgment relative to the
goods delivered. In this case, reception of the
goods shall be equivalent to acceptance on the
part of the purchaser of the new contractual
provisions.
3. Acknowledgment of order
Should there be any diff erences in the single
items in our acknowledgment of order with
respect to the agreements or orders, the
buyer who has not made a claim by registered
letter sent within ten days of receiving the
acknowledgment shall be obliged to accept
the acknowledgment as it is.
For size 90x90 - 60x120 - 20x120 - 30x120 -
71x71 Made in Italy a packaging fee of ¤ 6.50
will be charged for each pallet delivered.
This charge will be marked on the invoice as a
“pallet contribution charge”.
Minimum order value: the minimum order must
be at least ¤ 40,00 taxable value.
Orders with a value lower then this amount will
automatically trigger ¤ 25,00 on invoice.
4. Delivery
The goods, even if sent freight paid or free
delivered to the buyer’s premises, travel at
the risk and responsibility of the buyer; all our
responsibility ceases upon delivery of goods
to the carrier. After the buyer has inspected
the goods, any claims should be made to the
carrier. Shipments by sea or by land regarding
supplies abroad are made on the basis of the
conditions chosen for each specific case as
specified in the “INCOTERMS” approved by the
International Chamber of Commerce in 1953
and subsequent.
5. Terms of delivery
The delivery date established must be mutually
acceptable to both parties. Unless specific
clauses are introduced, this date is to be
considered purely indicative and not binding.
In the event that the contract is modified, the
delivery date is extended for a period equal
to that initially agreed upon. Should any even
caused by force maj eure occur, the terms of
delivery are suspended for the entire duration
of said event. If, as a result of events of force
majeure, the contract cannot be executed
within 60 days of the date agreed upon, both
parties shall be entitled to withdraw from
the contract. In such case, the declaration of
withdrawal must be sent to the counterpart by
registered letter with return receipt within 10
days of the expiry of the aforementioned 60
days, and any indemnity or compensation is
excluded.
6. Payment
Payment is to be remitted to our registered
office in Casalgrande (RE), even if bills of
exchange or bank drafts are issued; any
variations to the aforeme tioned shall be valid
only if approved by us in writing. Delayed
payment, event if only partial, of our invoices
beyond the stipulated due date, shall entitle us
to the immediate charge of interest on arrears
in the order of the official rate increased
by seven points. Non-payment or delayed
payment of our invoices – for any reason
whatsoever - gives us the indisputable right to
demand advance payment for the remaining
supply, without prejudice of any other action,
or to consider the contract suspended or
annulled, and to annul the practice of any other
contracts that may be in force, without giving
the buyer the right to any type of refund or
compensation for damages, or other.
7. Solve et repete
No exception, save that of nullity, possibility of
annulment, or rescission of the contract, can
be posed by the purchaser with the purpose of
delaying or avoiding payment.
8. Retention of title
In the event that payment, by contractual
agreement, is to be remitted - in whole or in
part - after delivery of the goods, the products
delivered remain our property until complete
payment of the total amount due is made.
9. Guarantee
Our products are guarantee to be in compliance
with the UNI-DINEN standards in force. Any
claims must be made, on pain of forfeiture, by
registered letter sent to our registered offices
in Casalgrande (RE), before the materials are
laid and in any case according to the terms of
the law. Once the material is laid, any claim for
defects either obvious or hidden is no longer
valid, and the guarantee is to be considered
explicitly invalidated according to art. 1490
of Italian Civil Code. Any differences in color
shades cannot be considered as material
defects. In any case, our guarantee only
includes the replacement of material found to
be defective with the exclusion of any further
or different obligation. Claims made on material
do not give the purchaser the right to suspend
or delay, in whole or in part, the payment within
the stipulated terms, according to article 7.
10. Arbitration clause
Except for disputes from payment and from
the relative monitory actions or ordinary legal
proceedings which remain the competence of
the Italian legal authorities, any other dispute
arising from the conclusion and/or execution
and/or resolution and/or interpretation of
this contract will be referred to a Board of
Arbitrators, with one arbitrator nominated
by each party and the third by common
consent, or in the event of disagreement, by
the President of the C.C.I.A.A. (Chamber of
Commerce) of Reggio Emilia (Italy) upon
request of the most diligent party. The party
that intends to begin arbitration proceedings
must notify the other party by registered letter
containing the name of its chosen arbitrator
and his acceptance. The other party must
nominate its own arbitrator within fifteen
days of date on which the registered letter is
received, and the relative acceptance within
the term indicated. In default, the first party
shall be entitled to request the nomination of
the second arbitrator by the President of the
C.C.I.A.A. (Chamber of Commerce) of Reggio
Emilia (Italy). The arbitrators shall decide
according to the law and respecting the
principle of cross examination. The award must
be decided upon within 90 (ninety) days from
the date of acceptance of the last arbitrator.
The arbitration site shall be Reggio Emilia
(Italy).
11. Validity of each condition
The aforementioned general sales conditions
are not to be considered in any way clauses
of form. These conditions are effective to all
intents and purp ses and faithfully represent
the contractual will of the parties.
Shade of products if purely indicative.
The company reserves the right to change
the packaging of products at its discretion.
general sales conditions
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