The order is to be considered given under approval of the Company and it's irrevocable until the expiry term for shipment of goods.
The Company will send goods through the forwarder or the carrier indicated by the buyer or, in sub-order, chosen by the Company, always carriage paid by the receiver, without any previous reply.
Unless otherwise agreed, goods are supplied Ex Works. Anyway, aside from whatever delivery terms are agreed, the risks go to the buyer when goods are delivered to the first carrier.
- Eventual delays in delivery due to force majeure or to exceptional circumstances, strikes of proper staff, customs, transportation or of other contract workers in general, are to be considered not attributable to the seller.
Goods are to be considered sold in square meters.
In case of the increase of cost of production (labour and/or raw materials) or of the depreciation of the exchange rate of the Euro towards the US Dollar, and/or the British Sterling, in the measure of more than 5% starting from the date of the order, price will be increased in the corresponding measure proportionally.
Payments will have to be effected, within terms agreed, by our headquarters in Civitanova Marche, i.e. in the hands of persons expressly authorized in writing. In case of delay of payment, overdue interest in the measure of the financing rate of BCE plus seven points will have to be paid. In case of non-payment within terms agreed, the Company (seller) is authorized to issue a sight draft for the invoice value plus interests and expenses. The seller may increase the sales price up to 2% per every month of delay of payment for whatever depending cause, in respect of the original expiry date agreed.
The seller is authorized to suspend the execution of contract in case of irregularity in payments effected by the buyer even in relation with other contracts and supplies.
- The seller is not liable for lack of
quality that makes the goods not to be suitable for the use they are destined to, unless
such use has been expressly agreed and therefore previously notified. Eventual claims
relative to visible defects will have to be notified to the seller by registered letter with
advice of receipt under penalty of cancellation, within 8 days from receipt of goods.
Eventual claims relative to latent defects that cannot be identified through an accurate
control at receipt of goods will have to be notified to the seller by registered letter with
advice of receipt under penalty of cancellation, within 8 days from the finding out of the
Special warranty for "Pentachlorophenol, Azo Dyestuffs, Chrome VI and Formaldeide"
The seller will give such specific warranty, with the commitment of replacing the
defective products (that exceed the law provisions), with the following conditions:
a. The buyer, in debate with a representative of the seller (already from the sorting of the sample), has made proper laboratory analysis within 15 days from the receipt of goods.
b. The buyer notifies the seller by registered letter with advice of receipt the result of the analysis (if they exceed the limits), specifying the results and transmitting copy of the results, within 8 days from the receipt of said results. In case of foreign consignments, such limit is extended to 15 days.
c. The claim is received before skins are cut. In any case, any action of warranty for latent defects cannot be proposed because of forfeiture of the right starting from twelve months from the delivery of the goods.
The seller will not be liable for any consequential damages, to be due to the buyer or to third parties, and will not be liable for any damages due to force majeure, fortuitous events or third party events.
The sales, as far as what isn't provided in the present conditions, will be subject to the Italian law. Any controversy will be assigned to the exclusive competence of the Court of Macerata (MC), Italy.