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General conditions of sale
9 PRODUCT WARRANTY
9.1 The Supplier is legally liable for the products he/she manufactures. 9.2 The warranty does not include components that are not directly
manufactured by the Supplier and any damage caused by these. 9.3 The warranty also includes repair or replacement of faulty parts ascribable to
production processes, while it does not include damage due to incorrect installation, negligence, improper maintenance, and natural wear and tear of
components. 9.4 Any differences in shades of colour and wood finishes are due to natural variations in raw materials or to deliveries made at different
times: therefore these are not considered defects, and are not covered by the warranty. 9.5 Household appliances supplied by the Supplier are
guaranteed by their manufacturers. 9.6 The Supplier denies all liability for damage to persons or things due to incorrect use of household appliances
and to the non-observance of the safety regulations indicated by manufacturers. 9.7 A product damaged by improper use or inadequate transport,
and custom-sized items cannot be replaced or credited. 9.8 When the Supplier needs to guarantee provisions and is obliged to seek other suppliers
in order to purchase components, these shall have the same quality and functional characteristics as the Product, but they may not be identical.
9.9 The warranty does not include product parts subject to wear and tear and faults due to incorrect storage and/or cleaning and/or operation and/
or assembly of the product carried out by personnel not authorized by the Supplier and due to alterations and/or repairs carried out by third parties
without prior written authorization from the Supplier, or due to normal deterioration of product parts. 9.10 The warranty shall immediately end if
the Purchaser does not respect the deadlines or the methods of payment, the operating and maintenance instructions, including regular ones for
products in this sector, or if the product is used for applications that do not comply with its regular operation and/or procedures different to its technical
specifications.
10 PRODUCT DEFECTS
10.1 The Purchaser must examine the Product on delivery and declare any defect (in conformity) in the product in writing within eight days of the
delivery date, or hidden flaws, at the time the flaw or defect is discovered or should have been discovered (in conformity), failing this any right shall
be annulled. 10.2 The Purchaser may make claims or disputes due to or concerning transport and/or to related complementary and/or successive
operations exclusively against the carrier or any liable third party. 10.3 Claims or disputes do not entitle the Purchaser to delay or interrupt payments.
10.4 If grounds exist for the claim, the Supplier may, at his/her discretion, and as a condition to be established, a) return the paid amount, b) replace
the non-conforming product with a conforming one, c) repair the product at his/her own expense, unless the right exists to return the contested
Product. 10.5 Under no circumstances shall the Purchaser expect refunds for expenses for the replacement of any faulty parts even if ascribable to
the Supplier.
11 PAYMENT
11.1 The price must be paid according to the terms and procedures indicated on the order confirmation (if requested) and/or on the sales invoice. 11.2
Payment is considered cleared only if directly made to the Supplier and received, however, in the currency and according to the procedures indicated
on the sales invoice. 11.3 Any payment made in a place, in a way, or to a person different to the agreed one, shall not be considered cleared. 11.4
Any delay in payment shall lead to an expense charge and to interest on arrears, as per Legislative Decree no. 231 of 9.10.2002, applied at the legal
rate increased by five points per year. 11.5 In the case of payments by instalment, non-payment of even just one instalment means that the Purchaser
shall forfeit the benefit of this condition and entitles the Supplier to demand payment of the entire credited sum, even if not yet collectable by contract,
as well as the payment of current supplies and/or orders, and of any type of indemnity or compensation, apart from each and any right of the Supplier
to obtain compensation for all damages, costs and expenses incurred by the Purchaser. 11.6 In the event of non-fulfilment of the obligation to pay
the price, the Supplier has the right to sell the Product on behalf of the Purchaser and at the Purchaser’s expense, notifying the Purchaser of the time
and place of the sale. 11.7 Payments by promise to pay notes are not accepted. 11.8 The Purchaser shall be charged for the cost of documents,
bank drafts and receipts. 11.9 If the Purchaser requests deferment and the Supplier accepts by written consent, of the issue of bank drafts expiring
in a specific month, the Supplier shall be entitled to issue the draft the following month. (The month of August covers from 1 – 31st August, issued
on 5th September)
12 CANCELLATION
12.1 If the Purchaser is subject to insolvency proceedings or it is evident that he/she is in financial difficulty or cannot fulfil any of his/her established
contractual obligations and those provided for in these GENERAL CONDITIONS OF SALE, the Supplier reserves the right to thereby cancel the
Contract by notifying the Purchaser in writing, without any need for default action, but reserving the right to take action against the Purchaser for the
payment of the due sum and compensation for the damages incurred.
13 FORCE MAJEURE
13.1 The Parties reserve the right to interrupt their respective obligations if they are impeded or made excessively onerous due to extraordinary or
unexpected circumstances, which cannot be handled by the Parties, such as labour disputes, fires, wars, general mobilization, uprisings, requisitions,
states of emergency, embargoes, restrictions on using energy sources, non-delivery or delayed delivery from sub-suppliers etc. 13.2 If any of these
circumstances has occurred before the Contract was drawn up, this legalizes the interruption of services only if its effects were not foreseeable at the
time of negotiations. 13.3 The party that declares a situation of force majeure must immediately notify the other party in writing of this occurrence and
termination. 13.4 Despite the provisions of these GENERAL CONDITIONS OF SALE, each party may cancel the Contract, notifying the other party in
writing, if execution is interrupted due to force majeure, as indicated in point 1 of this article, should it last for more than six months.
14 INTELLECTUAL PROPERTY
14.1 In compliance with art. 39, section 7, of the TRIPS agreements, the Purchaser shall not reveal, disclose or use, in any way, the technical,
administrative or commercial know-how belonging to the Supplier, including any other information, experience and knowledge gained at the Supplier’s
company, which the Purchaser gets to know during negotiations, execution of the Contract and/or company visits, including any news concerning
the Product, the systems, production means and other company assets such as the company’s production organization, the services offered by
the Supplier, promotional campaigns, customers, management and the Supplier’s company trends, relations with third parties and so on. 14.2
The aforesaid information must be considered confidential and neither used directly nor indirectly by the Purchaser unless within the limits required
for the correct execution of the Contract. 14.3 The Purchaser undertakes to adopt every reasonable precaution in order to keep this information
confidential, only communicating it to his/her employees, collaborators or any consultants, who shall be required to know this in order to execute
the Contract, binding them to respect the terms and conditions of this clause. 14.4 The Purchaser undertakes to refrain from any activity involving
imitation, plagiarism, falsification or illicit exploitation of intellectual property rights concerning products, processes, methods, systems, patented
or not patented, drawings, brands and other distinguishing signs, registered or not registered, belonging to the Supplier, as he/she is forbidden to
register it in his/her name in any part of the world. 14.5 The Purchaser is obliged to notify the Supplier, without delay, of any news, facts or opinions
that might be relevant to protecting the intellectual property rights of these. 14.6 All costs, damages, expenses and losses incurred by the Supplier
due to violation of patent and/or brand rights for models and designs, or due to improper disclosure of know-how attributable to the Purchaser shall
be borne by the latter.
15 COURT OF JURISDICTION
15.1 All disputes, none exempted, shall be exclusively settled by the Court of Treviso, and by Italian law in the event that the Purchaser is a foreigner.
