GENERAL TERMS AND CONDITIONS OF SALE
1. Orders
Orders are always considered “pending approval” by our company and are irrevocable until the deadline for sending the goods.
2. Shipping and Transportation
Our company may send the goods through the shipping agent or carrier indicated by the buyer or chosen by us, always at the expense of the recipient, without prior response.
3. Delivery Terms
Unless otherwise agreed, the supply of goods is understood to be “Ex Works.” However, regardless of the delivery terms agreed upon by the parties, the risks associated with the supply transfer to the Buyer upon delivery to the first carrier.
4. Deliveries
Any delay in deliveries due to force majeure or unforeseen circumstances, strikes by our staff, customs, transport, or third parties in general, shall not be attributable to the selling company.
5. Quantity
The goods are always considered sold in square meters (sqm or m2).
6.Prices
In case of increased production costs (labor and/or raw materials) or depreciation of the Euro against the US Dollar and/or the British Pound by more than 5% from the date of the order, the price will be increased proportionally.
7. Payment Conditions
Payments must be made within the agreed terms and at our headquarters in Turbigo (MI), or in the hands of persons expressly authorized (in writing). In case of late payment, default interest will be charged at seven (7) percentage points higher than the ECB financing rate. In case of non-payment within the agreed term, the selling company is authorized to issue a sight draft for the amount of the invoice plus interest and expenses. The seller may increase the selling price by up to 2% for each month of delay in payment due to any cause.
8. Suspension of Execution
The selling company is always authorized, at its sole discretion, to suspend the execution of one or more sales contracts in case of irregularities in payments by the Buyer, even in relation to other contracts and supplies.
9. General Warranties for Defects and Claims
The selling company is not liable for defects in the goods that render them unfit for the intended use, unless such use has been expressly agreed upon and communicated in advance. Any complaints regarding apparent defects must be notified to the selling company, under penalty of forfeiture, by registered letter with acknowledgment of receipt within 8 days of the delivery of the goods. Any complaints regarding hidden defects, not detectable through diligent inspection at the time of delivery, must be notified to the seller by registered letter with acknowledgment of receipt, also in this case under penalty of forfeiture, within 8 days from the date of discovery of the defect. Special warranty for “Pentachlorophenol, Azo Colorants, Chromium VI, and Formaldehyde”: The selling company will provide this specific warranty, undertaking to replace defective products (exceeding legal percentage limits), provided that: The buyer, in consultation with a representative of the seller (from the selection of the sample), has conducted appropriate laboratory analyses within 15 days of receiving the goods. The buyer communicates by registered letter with acknowledgment of receipt of the results of the analyses (if indicative of exceeding the limits), specifying the results and transmitting a copy of the relevant report, within 8 days of the outcome of the assessment. The deadline for foreign supply is extended to 15 days. The dispute must be raised before the cutting of the skins. In any case, any warranty action for hidden and non-apparent defects cannot be brought after twelve months from the delivery of the goods.
10. Limitation of Liability
The selling company shall not be liable for indirect damages to the buyer or third parties nor for damages arising from force majeure, unforeseen circumstances, or third-party acts.
11. Applicable Law – Competent Court
Sales, except as otherwise provided in these General Conditions, shall be governed by Italian law. Any dispute shall be referred exclusively to the jurisdiction of the Milan Tribunal, Italy.