Terms of sale
1) Premise
These general conditions of sale are considered known and accepted by all buyers, they constitute an integral and substantial part of every sale made unless otherwise expressly agreed.
2) Confirmation
Orders are to be considered accepted only after written confirmation by the Seller, which shall prevail in any case over the dissimilar text of any offer and-or order or with the dispatch of the goods.
3) Delivery
Delivery is meant agreed ex-works Seller’s office.The time limits set for delivery of goods shall be construed approximate and subject to sale.
Shipments are made on behalf of and at the risk of the Buyer, even if the goods by special arrangements are sold carriage paid.
It is the right of the Seller to make shipments by means and bills of its business partners, the same will be accepted by the buyer as the Seller’s own.
The Seller assumes no responsibility for accidental breakage that may occur during loading and unloading. It is therefore the consignee’s obligation, upon receipt of the goods, to immediately check or have checked The quantities and condition of the goods before picking them up.Any claim or dispute for shortages or failures shall be made by the Buyer to the Carrier upon delivery of the goods with an indication on the bill.
4) Item characteristics
The technical and functional characteristics relating to the Products published are those communicated by the respective manufacturers and-or suppliers.Seller assumes no responsibility regarding the truthfulness and completeness of such information.Product images are indicative and not binding. The Products are not supplied on a trial basis.
Although the Seller’s operators may provide indications of the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and for the compliance and conformity of the specifications indicated by each manufacturer with his or her own requirements.The characteristics of the items, brands, and illustrations in the catalog may vary without any obligation on the part of the Seller to give prior notice.
5) Responsibility
The Seller disclaims all liability if its products are not used according to their intended purpose and if the installation is not done to perfection.In the event of material deemed defective, in the sole judgment of the Seller, it will be replaced without any compensation being awarded for damages or lost profits caused by it, including installation and transportation.
6) Force Majeure
The Seller shall not be liable for contractual defaults when the same are due to force majeure or to causes not Imputable to it, such as a state of alarm, mobilization, blockade or war even in product supplier states, fires, floods strikes or unrest, etc. etc.
7) Payments
Payments, within the limits of the credit facilities granted, must be made directly in the domicile of the Seller or to persons with regular authorization. In the event of delayed payment, it remains expressly agreed, from the day of the due date, the automatic collectability of interest on arrears conventionally fixed at the ECB discount rate calculated on an annual basis plus 5 points, without the need for notice of default.
8) Place of Jurisdiction
For any dispute between the parties, the place of jurisdiction shall be Nola (NA), even if the order and contract were entered into elsewhere by the Seller’s erson in charge and-or directly by the Seller.
9) Termination of the contract
The Seller shall have the right to rescind the contract in the event that the Buyer should become insolvent in whole or in part, in the event of death, in the event of Buyer’s supervening incapacity, liquidation of the Company, modification of the Company, in the event of a promissory note protest however or by whomsoever executed against the Buyer, even to the effect not accepted, and in the event of irregularity of payments.
Therefore, the Seller shall have the right to truncate immediately and without any formality all supplies even those dependent on any other contracts and to demand immediate payment of any of its claims.
10) Prices
Prices may be subject to revision by the Seller.
Prices shown are for goods without packaging.
Prices are exclusive of VAT.
VAT is applied according to current regulations on the date of invoicing.
11) Solve et repete
The Buyer, unless it gives evidence that it has performed its obligations and in particular those of the payment in full of the amount due, may not initiate any action or dispute or raise any exceptions in court. Therefore, any dispute shall not entitle the Buyer to suspend or delay payments.
12) VAT number and tax code
The Buyer has the obligation to provide accurate tax data. The Seller shall be exempt from any liability in case of providing inaccurate tax data.
13) Effectiveness of general conditions of sale
The Buyer, in transmitting the order, fully accepts these general conditions of sale, which shall also have force for all subsequent deliveries made to the same Buyer by the Seller.
Statements by employees, Agents, etc., are not binding if they do not conform to what is described in these general terms and conditions.