GENERAL CONDITIONS OF SALE AND LIEN
- Orders for material must be made in writing and, even when they are acquired by our agents or representatives, they are understood to be accepted only following acknowledgement by our Head Office.
- The prices indicated on our price lists are not binding. We therefore reserve the right to change them before accepting an order. Even after acknowledgement of the order and until the time of delivery of the material, we will be entitled to arrange for changes in price due to increases in the costs of raw materials, labour, fuel and production expenses occurring in the meantime. Pallets and packaging, carried out that the discretion of the seller, are invoiced at costs and return of same will not be accepted.
- All payments must be made within the deadlines agreed to and to our Head Office. In the event of delays in payment the defaulting buyer will be under the obligation to pay interest on arrears from the due date at the average rate applied by banks in Modena, without prejudice in any case for any greater damages ensuing from failure to comply with the payment terms. We will also be entitled to suspend delivery of all materials ordered in any way with no need to give notice.
- Our delivery terms are indicative. Any delays in delivery, interruptions, partial or total suspensions of supplies will not give rise to any right to indemnification or damages.
- Delivery of materials is understood to be made free our plant. Our responsibility ceases upon delivery to the carrier. The material is shipped at the risk of the receiver and no complaints are therefore accepted for any breakages or tampering. Any agreements with shipping agents, including payment of the cost of transport are always understood to be entered into for and on behalf of the purchaser who approves and accepts here and now our actions.
- Thematerialisunderstoodtobesoldunderaliensothatitwillcontinue to be our property until payment has been made.
- The guarantee for any defects or flaws is limited to first-choice materials, subject, in any case, to an allowance of 5 %. No guarantee is due for materials other than first choice, either with regard to quality or to suitability for use. Our obligation under the guarantee is limited to replacement of the material, excluding any liability for direct or indirect damage caused to the buyer.
- Any complaints concerning the quality or type of the material shall reach us within eight days from delivery. The purchaser undertakes to keep the goods referred to in the complaint at disposal so as to enable inspection of the defects reported. In any case, laying of the material releases us from any liability since the buyer is under the obligation to check that the product is approved by him prior to using it.
- Nosurveysofanyofourmaterialsmaybearrangedforunlesstheorder appointing the surveyor reaches our Head Office directly and in good time for us to attend the survey. No defence or merit may be claimed by the buyer until all the amounts of the invoices for materials withdrawn have been paid.
- For no reason may the purchaser return any material without a specific written authorisation. In the event of strikes, lockouts, failure or limited procurement of raw materials, transport difficulties, war, insurrections, interruption of communications howsoever caused, lay-offs, breakdown of kilns or any other unforeseeable occurrence, we reserve the right to suspend shipments and even to cancel orders without this entitling the purchaser to claim indemnification or damages.
- The sole Court of competent jurisdiction for any disputes or complaints will be the Court of Modena.