These general conditions, except for any modifications or exceptions agreed in writing, rule all sales contracts between us and the buyer, therefore both the contract concluded with the acceptance of the order and any future contract relating to the supply of our company products ordered with successive and distinct commissions. Changes in the general conditions of sale, transactions and allowances, even if made on the initiative of our Agents, will be binding for us only after our possible written confirmation and in any case limited to the contracts to which they refer.
The supply includes only the services, materials and quantities specified in our order confirmation or in other written communications from us. The text of our order confirmation will prevail in any case over the non-compliant text of any offer or order. Partial execution of the order without prior confirmation does not mean our approval for the entire order, but rather partial approval for the goods delivered. In this case, the receipt of the goods will be equivalent to acceptance by the buyer of the new contract proposal.
If in our order confirmation there are differences in the individual items with respect to the agreements or orders, the buyer who has not contested these differences by registered letter sent within ten days of receiving the confirmation, is required to accept it as it was drafted.
The goods, even if sold “ex-arrival”, or ex domicile of the buyer, travel at the risk and peril of the latter and all our responsibility ceases with the delivery to the carrier, against which the buyer – having carried out the appropriate checks – must make any complaints. Shipments, by sea or by land, concerning supplies abroad, are carried out on the basis of the conditions chosen from time to time, reported in the INCOTERMS approved by the International Chamber of Commerce in 1953 and subsequent ones.
The term established for the delivery of the goods must be understood in favor of both contractors. Except for the insertion of particular clauses, it must normally be considered purely indicative and not essential. When changes have been made to the contract, the term remains extended for a period equal to that initially established. Any event of force majeure suspends the term for its entire duration. If as a result of force majeure events the contract cannot be executed within 60 days following the agreed term, each of the two parties will have the right to withdraw from the contract. In this case the declaration of withdrawal must be sent to the counterpart by registered letter with return receipt within ten days following the expiry of the aforementioned 60 days, excluding reciprocal rights to indemnity or compensation.
The place of payment is fixed at our administrative office in Rubiera (RE), even in the case of issuing drafts or bank receipts, or issuing bills of exchange: any derogation from the above will be valid only if granted by us in writing. Late payment, even partial, of our invoices beyond the agreed deadline will give rise to the immediate commencement of default interest, calculated at the official reference rate plus 7 points. Furthermore, the non-payment or delayed payment of the invoices – for whatever reason – will give us the right, without prejudice to any other initiative, to demand advance payment of the remaining supplies, or to consider the contract temporarily suspended or definitively terminated and to cancel the evasion of any other orders in progress, without the buyer being able to make claims for compensation, indemnities or other.
No exceptions, except those of nullity, voidability and termination of the contract, may be opposed by the buyer, in order to delay or avoid payment.
In the event that the payment, due to contractual agreements, must be made – in whole or in part – after delivery, the products delivered remain our property until full payment of the price.
Our materials are guaranteed to comply with the UNI-DINEN standards currently in force. Any complaints and disputes must be notified, under penalty of forfeiture, by registered letter, only at our administrative office in Rubiera (RE), before the installation of the material and in any case in accordance with the law. The installation of the material determines the forfeiture of the action due to such obvious defects.
With the exception of disputes relating to the payment of the price and the related shares exercised on a monitor basis and in the ordinary judgment – which remain the competence of the Italian judicial authority – any other dispute that may arise regarding the conclusion and / or execution and / or resolution and / or interpretation of this contract will be devolved to a Board of three arbitrators, one appointed by each of the parties and one by mutual agreement or in case of disagreement by the President of the Chamber of Commerce of Reggio Emilia at the request of the most diligent party. The party that intends to initiate the arbitration must notify the other by registered letter containing the appointment of its arbitrator and its acceptance. The other party must appoint its own arbitrator within fifteen days from the date of receipt of the registered letter, communicating this appointment and its acceptance within the specified deadline. Failing that, the other party may request the appointment of the second arbitrator to the President of the C.C.I.A.A. of Reggio Emilia. The arbitrators will decide according to law and in compliance with the adversarial principle. The award must be approved within 90 days from the date of acceptance of the last arbitrator. The arbitration will be based in Reggio Emilia.
The above general conditions of sale must in no way be understood as clauses of pure style. They are effective and faithfully represent the negotiating will of the parties.
The shade of the images of the products in the catalog is purely indicative.
The company reserves the right to change the packaging / weights of the products at its discretion. TO BE NOTED. Invoices of less than € 1,000.00 (including VAT), default payment terms bank receipt 60 days i.d. maximum