general conditions of sale
1. PAYMENTS
Payments shall only be made to the creditor’s
domicile. The payment terms and procedures
stated in the order confirmation and/or invoice are
essential and binding. Therefore, in the event of
failure to pay within the stated term, the Purchase
shall be considered in default to all legal intents
and purposes and interest shall be due on the
overdue amount at the annual rate specified by
Italian Decree Law n. 231/02. At the end of each
calendar year Mosaico+ S.r.l. shall be authorized
to issue a debit note for any interest accrued up to
that date. In the event that payment by instalments
is agreed for each invoice, or several invoices
with due dates in sequence are issued, failure
to pay even just one instalment or invoice shall
automatically lead to forfeiture on the Purchaser’s
part of all right to make delayed payments, and
therefore it shall be obliged to make immediate
payment for all the goods received.
All costs relating to the payment (issue of bank
payment orders, stamp duty on bills of exchange,
presentation of bills, etc.) shall be for the
Purchaser’s account unless otherwise agreed. The
Vendor shall be permitted to cease the supply of
goods in the event that the Purchaser’s financial
situation is such as to cast doubt on its ability to
meet its financial obligations.
Circumstances
indicating
inability
to
meet
financial obligations include, by way of example
and without limitation, the opening of bankruptcy
or insolvency procedures, placing of the company
in liquidation, protested bills, attachments, the
registration of mortgages by court order and
voluntary mortgages, the cancellation of bank
credit lines and insolvency.
2. PACKAGING
Material shall be delivered with standard
packaging suitable for the means of transport. Any
other form of packaging shall be charged for at
cost and shall be agreed in writing.
3. DELIVERY AND TRANSPORT
Goods shall be delivered ex-works pursuant to art.
1510 of the Italian Civil code and the Purchaser
shall collect them at the Vendor’s premises. In the
event that, on the Purchaser’s request, the Vendor
sends the goods using its own vehicle or through
a carrier or forwarding agent, the goods shall still
be considered delivered ex-works and shall travel
at the Purchaser’s risk. Mosaico+ S.r.l. shall be
authorised to stipulate a contract with carriers or
forwarding agents on the Purchaser’s behalf, with
costs and expenses for the latter’s account.
Therefore, in all the hypotheses described above,
in the event of theft of and/or damage to the
transported goods, the Vendor shall not be held
responsible. The prices stated in the catalogues
are ex-works Sassuolo (Modena, Italy), not
including V.A.T.
The delivery times stated in the order proposal
and/or confirmation of order are guideline and
not binding. Any different agreement must be
confirmed in writing.
4. WARRANTY-CONTRACTUAL RESPONSIBILITY
The material delivered is guaranteed against
defects or failure to meet quality standards for
12 months from the moment of delivery if properly
stored and correctly installed.
Wood mosaics and mixes which contain wooden
chips must only be grouted with epoxy grout left to
cure for at least 7 (seven) days before contact with
water, and cannot be laid on substrates or surfaces
which are often or always wet (e.g.: shower
trays, bathtubs, etc.). The material, in its intact
original packaging, must be protected from rain or
excessive damp during both transport and storage
on the installation site or in the warehouse.
In the event of complaints concerning defects of
the products made within the terms specified in
art. 4bis below, the Vendor shall be obliged solely
to replace the faulty goods in the shortest possible
time, and shall not be liable, for any reason, for
damage of any kind incurred directly or indirectly
by the Purchaser or by third parties.
Mosaico + S.r.l. shall not be held responsible for
faults and/or defects caused by negligence in the
storage of products, by the installation operations,
by failings in the architectural design or by any
factors unrelated to the products supplied.
4 Bis. COMPLAINTS
Pursuant to art. 1495 of the Italian Civil Code,
any faults shall be formally reported by registered
letter with return receipt or certified email within
8 (eight) days after delivery of the material, or in
the case of hidden defects, after their discovery.
Complaints for damage to goods in transit, whether
by carrier, forwarding agent or the sender, shall be
made at the moment of delivery and reported on
the transport document, with the driver’s signature
in confirmation.
In all cases, materials must be inspected before
installation, and no complaints shall be accepted
with regard to material already installed. Mosaico
+ S.r.l. shall not be responsible for delays in
consignment of the completed works by the
Purchaser, or costs relating to the installation and/
or removal of defective goods.
In the event that the procedures set out above
are not completed by the stated manners and
terms, the complaint shall not be accepted, and
the Purchaser shall be deprived of the right of
warranty.
Pursuant to art. 1462 of the Italian Civil Code,
the Purchaser shall not make complaints for the
purposes of avoiding or delaying the fulfilment of
its obligations.
5. TOLERANCES
Mosaico+ S.r.l. specifically states that the color
of mosaic chips is never uniform and reference
to samples is purely guideline and subject
to variation within the color’s manufacturing
tolerance range. The color percentages stated for
the various shades are also purely guideline and
subject to variation.
The presence of a mixture of different color shades
is a distinctive feature of mosaics. Mosaico+
S.r.l. points out that variations of shade, within
the tolerance limits for production, are possible
between different lots of material, and small
inclusions of different materials and/or splintering
of some chips are also normal features.
Stated chip sizes refer to nominal dimensions net
of production tolerances. The same applies to joint
widths, which vary depending on the actual chip
size. In some collections, the irregularity of the
chips used is crucial to the artistic value of the
mosaic.
Therefore, the Purchaser declares that it is aware
that the products may have slight variations
in shade and/or other characteristics referred
to above, as well as possible microporosity, and
accepts these features.
Mosaico + S.r.l. shall not be liable for variations
in colors/shades in the event of orders placed or
fulfilled at different times.
6. RETURNS
No returns of goods shall be accepted unless
specifically
authorised
in
writing
by
the
management of Mosaico+ S.r.l. The return
document shall contain the references to the
transport document issued on delivery of the goods.
Returned materials shall be shipped in their
original intact packaging, freight prepaid, at the
Purchaser’s risk, unless otherwise agreed.
On receipt and subsequent inspection of the goods,
the Mosaico + S.r.l. shall issue the relative credit
note for 90% of their value.
6 Bis. CUSTOMIZED PRODUCTS
No reductions in quantities or returns will be
accepted with regard to customized products
and/or products manufactured according to the
Purchaser's specifications stated in the order
confirmation. Their cost will therefore be charged
to the Purchaser's account regardless of whether
or not the latter takes delivery of them.
7. PROPERTY RIGHTS
The Purchaser shall acquire ownership of the
material on delivery of the goods pursuant to art.
3 above. If the goods are delivered by a carrier,
the transfer of ownership shall still occur on
consignment to the carrier or forwarding agent.
8. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Italian
law.
Any dispute arising out or in connection with the
validity, interpretation, performance of these
conditions and of sales contracts will be submitted
to the exclusive jurisdiction of the court of Milan,
with exclusion of any alternative or concurrent
jurisdiction.
Mosaico+ S.r.l. a socio unico
Registered office Viale Jenner 4
20159 Milan
Offices Via Valle d’Aosta 46
41049 Sassuolo (MO)
1 4 7
