Validity of the conditions : The “General conditions of sale”, unless otherwise expressly agreed and in writing, are applied to all our deliveries and services, both towards individuals and intermediaries, towards the latter even in the event that, in the presence of a stable commercial relationship, a subsequent written reference is no longer followed up. The customer’s terms of sale do not apply to us. The conditions and prescriptions of different content reported on the correspondence of the customer are valid only if they are accepted by us in writing.
Supply contract : Our offers are always intended as non-binding regarding the possibility of delivery and price.
The supply contract is concluded only with our written order confirmation. If, following a customer order, the goods are delivered without a prior written order confirmation, the contract is to be considered concluded through the delivery of the goods.
Delivery and shipping deadlines : Delivery times start from the day of the complete definition of the orders, in relation to order conditions and execution, and are valid subject to correct and punctual supply of the raw material. Otherwise, we have the right to withdraw from the contract without obligation to pay compensation for years. However, if the customer is a private individual, this is only possible if a concrete hedging transaction has been stipulated on our part and, in turn, there is no provision for us. communication to the customer of non-supply and reimburse the payments already made.
The customer is obliged to collect the ordered goods at the supplier factory, on the date communicated.
After these 4 weeks, the customer is entitled to withdraw from the contract.
The goods travel at the customer’s risk.
Warning of defects, warranty, liability: All obvious defects, errors in quality or wrong deliveries must be reported in writing immediately or at the latest 8 days after receipt of the goods, if the customer is an intermediary, within 2 weeks if the customer is a private person and in any case before further processing, installation or transfer; in case of non-obvious defects, after their discovery, however, at the latest two years after receipt of the goods. The goods must be inspected immediately upon delivery. Defects that are not duly reported shall be deemed to have been irrevocably accepted. In case of outdoor installation, the frost resistance cannot be guaranteed for all materials. It is therefore necessary to make prior inquiries about the characteristics of the material. The contested material may not be further processed without written approval, in which case any claim under the guarantee shall lapse. Our goods are natural products. For this reason, optical or structural deviations from the samples are not to be considered a defect. The samples left to the customer can only indicate in general terms the colors and structure of the stone, therefore we do not assume any liability for the fact that the results in color and structure do not exactly match those of the existing sample. Our warranty obligation is limited, at our discretion, to replacement of the goods, withdrawal, price reduction or supplementary performance.
In case of failure of supplementary performance, the customer is entitled to price reduction or withdrawal. Special material properties, e.g. frost and heat resistance and others, are only guaranteed if confirmed by us in writing. We are liable, irrespective of the legal reason, for the full amount of the damage, in case of violation of fundamental contractual obligations, in case of premeditation, gross negligence on our part and on the part of the manager, as well as for any violation of life, body or health, caused intentionally or culpably. Otherwise we are liable only to the extent of the invoice value of the respective contractual object.
Terms of payment : The prices are non-binding, in Euro ex works. The offers are valid, subject to the definitive conclusion of the contract, only through our written order confirmation. If for reasons that we are not obliged to justify, a change in the costs of setting up the material should occur, we reserve the right to adjust the prices accordingly. This does not apply if the customer is a private individual. Our invoices, unless otherwise agreed, must be paid within 10 days from the invoice date, without discount, without charges. In the event of late payment, we will be entitled to charge default interest in accordance with the law. The claim for greater damage is confidential. We reserve the right to require advance payments in cash or guarantee services for contracts that have already been confirmed, prior to shipment or making the goods available, if this represents, at our discretion, the guarantee of the agreed price. Furthermore, in the event of payment difficulties on the part of the customer, we can immediately expire all open or deferred invoice amounts and / or demand a cash payment or guarantee services against the return of bills accepted as payment. Bills of exchange are accepted only by prior agreement. Payments by bills of exchange or checks are to be considered as made only upon collection. All costs incurred are charged to the customer. The customer waives to claim a right of retention arising from previous or other business with respect to the existing business relationship. The offsetting of credits by the customer is permitted if these credits have been recognized by us and have been established as expiring or have become final. Regardless of possible disputes or defects on delivery, the invoice in question must be paid on due date. In this regard, we inform you that there is a collaboration with credit information agencies.
Retention of title: The delivered goods are subject to extended retention of title until the balance of the credits due under the contract. If the customer is a legal person under public law, a public body with separate assets or an intermediary, the retention of title also applies to the credit due to us under the terms of sale in place with the customer. The retention of title lasts, in case of payment with bills or checks, until their complete collection. Until the extinction of our property, each resale made by the customer is valid as if it were through one of our representatives, without this resulting in a receivable due by the customer against us. The new items resulting from the transformation of the goods with reservation of title delivered by us, are valid as products on our behalf and become our property without this resulting in any obligation towards us. The linking, mixing or mixing of the goods with retention of title with goods not belonging to us leads to co-ownership with our company in accordance with the provisions of the law. In the aforementioned cases, the customer is obliged to keep the goods subject to our own or co-ownership free of charge on our behalf. In case of sale of the goods with retention of title or their installation in the building of a third party or of the customer, the customer immediately assigns in our favor the credit deriving from the sale of the goods, from their installation or from resale. of the fund or rights to the fund in the amount of the value of the goods with retention of title We hereby accept the assignment. If the assigned credit exceeds our credit by more than 20%, we undertake to release the excess amount of the customer’s credit upon request. The customer is also obliged to make available to us all information and documents to protect our rights upon our request. In particular, he is obliged to inform us of the names and addresses of the debtors of the assigned credits, informing the debtors, at our request, of the assignment. The customer is also obliged to issue us a document on the assignment. The retention of title, pursuant to the previous provisions, continues even if our credits are absorbed by the open invoices and the balance is established and recognized. In the absence of our prior approval, the customer cannot pledge or transfer, for security reasons, the goods with
title and the credits deriving from their sale. He is obliged to immediately notify us of interventions on our property by third parties, in particular giving us immediate notice of forced execution measures by third parties, with the delivery of the documents necessary for the opposition. With the occurrence of protests of checks and bills, suspension of payments, application or opening of insolvency, the right to further use, use or installation of the goods with retention of title lapses. In the event of the customer’s behavior in violation of the contractual conditions, in particular due to late payment of the sale price, we are entitled to take back according to the declaration of withdrawal and the customer is obliged to return it.
Place of fulfillment and jurisdiction : Place of fulfillment for deliveries and payments is the registered office of the Agglotech company. If the customer is an intermediary, the competent court is the court of Verona or, at our choice, the customer’s general competent court. For delivery to customers based abroad, Italian law applies.
Discounts : The discount we grant (discount on item + discount for prepayment + bonus) on the price lists in force is valid only if the payment conditions are respected, in particular , payment of invoices within 10 days from the date of the same. In the event of late payment, suspension of payment, late payment or if an insolvency procedure is opened on the customer’s assets, the discounts will lapse and the additional charge will take place. Discounts unduly deducted, etc. will be charged back.
Changes and additions: Changes and additions to these conditions require the written form. Should individual provisions become ineffective, the effectiveness of the remaining provisions remains unaffected.
AGGLOTECH SPA
