linealight.com
Valid from 2024
Eco-fee included
All the prices are expressed in euro (€)
VAT excluded
1. Effectiveness
1.1. These general sales conditions (hereinafter, “General Terms”) regulate and apply to all supplies by Linea Light S.r.l. (hereinafter, “Linea Light”)
to its clients (hereinafter, “Clients” and severally “Client”, and hereinafter jointly “Parties” and severally “Party”). The General Terms constitute an
integral and substantial part of all sale and supply agreements.
1.2. The Client’s general terms shall not be applied, not even if expressly cited in orders or order confirmations accepted by Linea Light, unless
otherwise and expressly agreed in writing between the Parties. Any exceptions to the General Terms shall be effective only if formalised in
writing and subscribed to by both Parties. These General Terms cancel and replace any previous general terms of Linea Light or of the Client
applicable to the relationship. Linea Light reserves the right to modify and/or replace these General Terms at any time. The changes and/
or substitutions shall have immediate effect vis-à-vis Clients as soon as they are communicated in writing. The Client shall have the right
not to accept them, notifying Linea Light in writing. In the absence of approval of the changes and/or substitutions made by Linea Light, the
corresponding clauses of these General Terms shall remain valid.
2. Products
2.1. Linea Light reserves the right to eliminate products from the collection or to modify parts, details or finishings for the purpose of improving the
performance of the products or in observance of EC regulations.
2.2. Any product samples or images contained in catalogues, prospectuses, advertising materials, price lists and/or similar have only an indicative
value, even in the event the sale is made pursuant to art. 1522 of the Italian Civil Code.
2.3. The object of the supply relationships regulated by the General Terms are both standard products and custom products developed by Linea
Light and/or, on its behalf, by third parties, as well as products simply marketed by Linea Light. Custom products are those developed according
to a design or project, or in any case according to the Client’s specific instructions or else using the latter’s technical or technological knowledge.
The Client for whom custom products have been developed shall indemnify and hold harmless Linea Light from any third-party claims, in
particular due to unfair competition or counterfeiting or usurpation of patents, brands, industrial models, drawings and ornamental models,
or in any case the violation of industrial or intellectual property rights, copyrights orknow-how in general. The Client assumes all responsibility
in relation to the custom product, pursuant to and for the purposes of Legislative Decree no. 206 dated 06/09/2005, and Directive 85/374/
CE and subsequent amendments, in addition to similar legal provisions applicable in the country in which the Products will be used and/or
marketed, undertaking to indemnify and hold harmless Linea Light from any third-party claims, without the Client being able to claim or raise
any objections in any capacity and/or for any reason.
3. Orders
3.1. Orders must be made in writing and transmitted according to the methods indicated in article 10.1, precisely indicating the type and number
of products ordered. Any verbally transmitted orders shall not be taken into consideration until such time as Linea Light receives the relative
written document. Linea Light reserves the right to accept or refuse the received orders. Acceptance can occur by way of written communication
transmitted using any of the means referred to in article 10.1 below, or by way of conduct by simply commencing execution of the order. In the
latter case, Linea Light shall, within a reasonable term, notify the Client that execution has commenced and that the order has therefore been
accepted.
3.2. Any acceptance of the order by Linea Light that does not comply with said order, shall be considered a counter-offer, which shall be deemed
accepted by the Client if not disputed within three days from its receipt, after which time the Client shall not be able to claim or raise any
objections in any capacity and/or for any reason.
3.3. Any agents, brokers and other auxiliaries to trade of Linea Light do not have the power to bind Linea Light in any way. In particular, they do not
have the power to stipulate agreements on behalf of Linea Light, modify or cancel agreements in force, modify delivery terms, grant exclusivity
agreements for neither sale nor purchase, grant discounts or rebates or deferred payment plans, collect sums of money, unless they are in
possession of a regular special power of attorney issued for said specific purposes. If the Client makes payments to the aforementioned
subjects, it shall not be released and the obligation for payment shall not be considered fulfilled and extinguished until such time as the relative
amounts are received by Linea Light.
3.4. The sending or in any case delivery by Linea Light, its agents, brokers or other auxiliaries to trade, of price lists or illustrative materials in relation
to the products shall in no way be considered a contractual offer.
4. Delivery
4.1. The delivery terms indicated in the orders, albeit accepted by Linea Light or agreed upon using other methods, cannot be considered binding
and shall have a merely indicative value, unless otherwise and expressly agreed between the Parties. A reasonable tolerance is always allowed.
Therefore, in case of delayed delivery, Linea Light shall not be considered in any way in default and no objections can be raised, nor can any
claims be made against Linea Light in this respect.
4.2. Unless otherwise agreed in writing between the Parties, deliveries shall be made ex works (EXW), according to the Incoterms definition of
the International Chamber of Commerce in its most up-to-date version. The place of delivery shall be the Linea Light facility. In case of non-
collection of goods on the part of the Client or refusal to receive said goods, also in the event the delivery, by way of agreement between the
Parties, does not occur EXW, Linea Light may proceed to sell the non-collected goods in derogation of that provided for by art. 1515 and
subsequent amendments of the Italian Civil Code, without prejudice to any other remedy available by law or by contract, and in particular
contemplated by the General Terms.
5. Price - Payment terms and methods
5.1. Linea Light reserves the right to make changes to the indicated prices at any time and without prior notice.
5.2. The products, unless otherwise agreed in writing between the Parties, shall be supplied at the price indicated in the Linea Light price list in force
at the time of acceptance of the order by the latter. Linea Light may freely assign to third parties any trade receivables originating from the
supplies. It is hereby specified that the Client must pay the due price in full and on time, even in the event the goods have not yet been collected.
5.3. Without prejudice to any other remedy provided for by the agreement, by the General Terms and by the law, or agreed upon between the Parties,
in case of delayed payment of the price the Client shall automatically be considered as defaulted and interest shall be accrued on the sums
owing at the rate set out in Legislative Decree 231/2002. Moreover, the Client shall immediately forfeit the benefit of the term with reference to
al other payments owing to Linea Light, without the need for any prior notification by the latter. Linea Light may suspend all other supplies in
favour of said Client until such time as all payments, those in relation to which the delay occurred and any other payments that have become
due by way of forfeiture of the benefit of the term, have been fully paid, without prejudice to the fact that if the goods to be delivered have
already been produced, the Client shall also be required to pay a sum equal to 0.5% of the price of the non-collected goods for each week
or fraction thereof of delay in collection in respect of storage costs, without detriment to the obligation to compensate Linea Light for any
additional damages. In all cases referred to in this article 5.2, the Client shall not be able to claim or raise any objections in any capacity and/
or for any reason whatsoever.
General terms and conditions of sale:
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TARA 2024
