CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
1. SHIPMENTS AND INVOICING
a) The material travels at the Purchaser’s risk and is always sold ex-works, even if the price includes carriage paid to destination. Our responsibility therefore stops once the load has been completed and accepted. We are not liable for any breakages, tampering or shortfalls.b) When, on the Purchaser’s request, goods available and ready for shipment remain at the supplier’s factory, the invoice is issued as though the shipment had taken place and the materials are kept in the warehouse at the Purchaser’s risk and expense.
c) Unless there are special instructions from the Customer, shipments are made according to factory requirements.
2. PACKAGING
Packaging material such as Euro Pallets, etc. are invoiced at the cost price and are non-returnable.3. DELIVERIES
a) Delivery is carried out at the supplier’s factory.b) If expressed in number of days, delivery periods refer to working days, and start on the day when the order received by the vendor has been finalized at all viewpoint.
c) Delays in delivery never entitle the Purchaser to cancel the contract, or to claim compensations for any direct or indirect damage.
4. SIZES AND SHAPES
a) The high level of vitrification deriving from firing at 1250°C with open flame leads to tolerances in shades and sizing. Therefore, the Purchaser accepts differences in the stated sizes, which however should not exceed the tolerance limits provided for by the UNI-EN 176B1 standards.b) The colours of the materials exhibited as samples and relating to quotations are to be taken as information only, since any variations in colour or shade are justified by the nature of the material itself, the characteristics of the manufacture processing and the raw materials used.
5. SUGGESTIONS AND WARRANTIES
a) Even if they are based on the best of our knowledge, suggestions and advice concerning the quality and sizes to use, as well as information of a technical nature with regard to the material installation and plant operation where the materials are used, are always provided without involving our responsibility.b) The chemical analyses as well as physical and chemical-physical data provided for the materials supplied are approximate but reliable average values, subject to the usual tolerances.
c) The warranties given with regard to the product characteristics never compel the Vendor to pay compensations for direct or indirect damage of any kind, but only to replace any part of the materials supplied that show defects or shortcomings compared to the stated characteristics.
6. OWNERSHIP OF GOODS SUPPLIED
The ownership of goods supplied does not go to the Purchaser until full payment of the price agreed has been made.7. PAYMENTS
a) Payments for goods must be made to our Administrative Headquarters in Lana, the issue of drafts or the acceptance of bills payable in other places does not imply a departure from this clause.b) In case of delay in total or partial payment of a invoice, the Vendor, while retaining all other rights, shall have the option of suspending further deliveries, even if under separate contracts, of drawing bills for the amount of the invoices payable and also of demanding immediate and full payment for all the material ordered, or of reclaiming a guarantee in another way.
c) Trade interest on late payments will be calculated at the current rate and the Purchaser will have to pay any stamp dues and collection costs.
8. COMPLAINTS
a) Any complaints must be made within eight days after due arrival of the good at destination and anyway before the material is laid.b) Complaints relating to faults noted in pieces supplied do not affect the validity of the shipment, but concern only the pieces found to be faulty.
c) Return of pieces acknowledged not to fulfil the supply conditions is accepted and such pieces will be replaced with an equal number of new ones. The vendor is not compelled to pay any compensations for direct or indirect damage of any kind sustained by the Purchaser through the use or non-use of the defective material.
d) Any complaint or claim does not involve the suspension of payments nor refusal to pay invoices; such payments must be made regularly and in full conformity with the agreed terms.
e) The Judicial Authorities of Bolzano shall have jurisdiction over any disputes, including actions in warranty and dealership questions. The contract is governed by Italian law.
f) All questions relating to warranty validity check as well as assessment and estimate of damage for which the parties are unable to reach an amicable arrangement will be submitted to voluntary arbitration by a single arbitrator, in accordance with the dispositions of the Arbitration Court of the Centro Ceramico of Bologna, to which the parties declare their unreserved acceptance.
9. OTHER CONDITIONS
a) All orders sent to us through our agents, representatives or appointees are always subject first to approval by Management.b) Except where otherwise stated by a written agreement, all orders, including verbal orders, are always considered accepted by the Vendor on these general conditions, without the need for further reference. If the Purchaser does not make clear written objections, it is obvious that he or she fully accepts the special and general conditions of sale regarding the order acceptance issued by the Vendor.
10. PRICES
a) In case of cost increases, the Vendor is entitled to change the supply prices, provided that the Customer is given prior written notice.b) Prices refer to goods delivered ex-works, net of VAT.
c) Euro pallets are charged