General Sales Conditions

  1. Prices – The Sale Prices are in the Price List being effective when the order is accepted.
  2. Delivery –Ex Works (EXW).
  3. Simulations – Simulations only have a guideline function, since they purport to show the product’s impact in the interiors where it is to be laid.
  4. Contract regulations – These general Terms and Conditions shall govern all Sales Contracts in force between our Company and the Buyer, save in case any modifications or exceptions are agreed upon in writing. They shall thus cover the Contract being entered into upon acceptance of the order at hand, as well as any future contract concerning supplies of products by our Company, these being requested with subsequent and separate purchase orders.
  5. Supply Scope – The supply shall only include the services, materials and product quantities being given in our Company’s Order Confirmation or other written notices from our Company. In the event of discrepancies between the text of any offer or purchase order and the one of our Company’s Order Confirmation, the latter shall always prevail.
  6. Order Confirmation – Should the single items that make up our Company’s Order Confirmation show any differences as compared to arrangements or purchase orders, the Buyer shall have to report said differences by registered letter within 10 (ten) days from receipt of the above Confirmation. Should he/she fail to do so, he/she shall have to accept said Confirmation as it has been written.
  7. Deliveries – The goods shall be transported at the Buyer’s risk, even if they are sold ‘free at destination’ or ‘free Buyer’s domicile (DDP)’. Any liability of our Company shall cease when the goods are handed over to the Carrier. After having properly inspected and checked the goods, the Buyer shall then have to make any possible claims against it.
  8. Payments – The Place of Payment shall be our Company’s Registered Offices in Castellarano (Province of Reggio Emilia), even in case cash orders are placed or banker’s drafts are issued, that is, even if bills of exchange are issued. Any exception to the above provision shall be only valid if granted in writing by our Company. Any delayed payment of the invoices from our Company beyond the agreed Due Date –even if being partially delayed – shall lead to the immediate accrual of Interest on Arrears. This shall be calculated at the Official Discount Rate being increased by 6 (six) points. In addition thereto and without prejudice to any other action, failures or delays in paying the invoices for any reason whatsoever shall entitle our Company to collect the payment for the remaining supplies in advance or to deem the contract as temporarily suspended or finally terminated. Our Company shall also be entitled to stop executing any pending purchase orders. In all the above cases the Buyer shall not be entitled to claim refund, indemnification or anything else similar.
  9. ‘Solve et repete’ Clause – The Buyer shall not be able to raise any objections in order to postpone or avoid payment, except in the event of the Contract being invalid, voidable and terminated.
  10. Retention of title (ROT) – Should the payment be fully or partially made after the product delivery due to contractual agreements, the delivered product shall remain the property of our Company until the price thereof has been fully paid.
  11. Guarantee – Any claims and complaints shall have to be sent by registered letter – being only addressed to our Company’s Registered Office in Roteglia (Province of Reggio Emilia) – on pain of forfeiture. Said claims and complaints are to be sent before the product is installed and, in any case, within the legal deadlines. Once the product is installed, the possibility of claiming for patent and latent defects shall no longer exist. This involves an implied waiver of the guarantee laid down under Article 1490 of the Italian Civil Code. Colour tone differences as compared to samples or previously supplied batches of the same item cannot be reported as a product defect. In any event, the guarantee provided by our Company shall only include replacement of the product having been found faulty. Therefore, it excludes any further liability of any kind whatsoever. Any claims about the product shall not entitle the Buyer to partially or fully suspend or postpone the payment thereof within the agreed Due Date, pursuant to the above Article 13.
  12. Effectiveness of each condition – The aforementioned Sales Terms and Conditions must not be understood as merely standard clauses. Indeed, they are in full force and effect and faithfully reflect the Parties’ contractual will.
  13. Court – Any dispute arising between the parties from the interpretation or the execution of this contract will be referred for settlement to the competent Court of Reggio Emilia.