Validity of conditions: Unless otherwise expressly agreed in writing, the “General Conditions of Sale” shall apply to all our deliveries and services, including towards individuals and intermediaries, and shall remain valid towards the latter even where, in virtue of an ongoing commercial relationship, a subsequent written reference is no longer made. The conditions of sale of customers shall not be binding on us. Other conditions and requirements shown in the correspondence of customers shall only be valid where these are accepted by us in writing.

Contract of supply: Our offers are always non-binding with regard to delivery options and price.
A supply contract is concluded only with our written order confirmation. If, as a result of an order by a customer, a delivery of goods is made without a prior written order confirmation, the contract shall be deemed concluded with the delivery of the goods.

Delivery and shipping deadline: Delivery times start from the day of the complete confirmation of an order, in relation to order and execution conditions, and are valid subject to the correct and timely supply of raw materials. Alternatively, we shall have the right to withdraw from the contract without an obligation to provide compensation for damages. Where a customer is a private individual, however, this shall only be possible where we have entered into a concrete hedging arrangement and, in turn, the supply has not been made to us.
We will immediately notify the customer of the non-procurement and refund any payments that have already been made.

The customer is obliged to collect the ordered goods at the supplier factory on the notified date.

If the customer does not collect the ordered goods on the confirmed date and is an intermediary, it shall be required to pay € 1,- for each calendar day of storage and 100 kg of weight. Where a fixed collection date has been agreed, we will be deemed to be late if we negligently or intentionally exceed this by 14 days. After 14 days, the customer can set an extension of a further 14 days.

After these 4 weeks have elapsed, the customer shall be entitled to withdraw from the contract.

The obligation to maintain specific delivery deadlines shall not apply in the event of force majeure, sovereign measures, labour conflicts, breakdowns or breakages of machinery, impediments to transport, shortages of raw materials, scrapping of a workpiece and the like, insofar as these factors are not attributable to us. As long as a customer is in arrears with payments, our delivery obligation remains suspended. If there is no intent or gross negligence on our part, the

customer shall not be entitled to enforce claims against us for damages deriving from late deliveries.

Where the shipment of goods has been agreed, this will be stated on the customer’s invoice according to the latter’s instructions.

Goods travel at the risk of the customer.

Report of irregularities, warranty, liability: All obvious defects, errors in quantity or incorrect deliveries shall be reported in writing immediately or at the latest 8 days after receipt of the goods, if the customer is an intermediary, no later than 2 weeks if the customer is a private individual and in any case before further processing, installation or transfer; in the case of defects that are not obvious, after these have been discovered, these must be reported no later than two years after receipt of the goods. Goods must be checked immediately upon delivery. Defects not promptly reported shall be deemed to be irrevocably accepted. In the event of installation outdoors, frost resistance cannot be guaranteed for all materials. Requests must therefore be made in advance on the characteristics of materials. Disputed material may not be further processed without written approval, in which case any warranty rights shall be void. Our goods consist of natural products. For this reason, optical or structural differences with respect to samples cannot be considered defects. Samples left to a customer can only indicate the colour and structure of stones in general, as such we cannot accept any responsibility that the results, in terms of colour and structure, do not exactly match those of an existing sample. Our warranty obligation is limited, at our discretion, to the replacement of goods, withdrawal, a price reduction or an additional performance.
In the event of a failure of an additional performance, the customer shall be entitled to a price reduction or withdrawal. Special properties of the material, such as resistance to frost and heat and others, shall only be guaranteed where these are confirmed in writing by us. Irrespectively of the legal reason, we shall be liable for the full value of damages, in the event of a breach of fundamental contractual obligations, in the event of premeditation, gross negligence by our company and a manager, as well as for any injury to life, body or health that is caused intentionally or through negligence. In all other circumstances our liability shall be limited to the value of the invoice for the respective contract object.

Terms of payment: Prices are understood to be non-binding, in Euro ex works. Subject to final conclusion of the contract, offers shall only be valid through our written order confirmation. If for reasons that we are not obliged to justify, a change in the cost of setting up the material occurs, we reserve the right to adjust prices accordingly. This does not apply where a customer is a private individual. Unless otherwise agreed, our invoices shall be settled no later than 10 days from the invoice date, without discount and without charge. In the event of late payment we shall be entitled to charge default interest according to the statutory provisions. We reserve the right to claim additional damages. We reserve the right to require advance payments in cash or guarantee services for contracts that have already been confirmed, prior to shipment or the goods being made available, if this represents, at our discretion, a guarantee of the agreed price. In addition, in the event of payment difficulties on the part of the customer, we may immediately claim all outstanding or deferred invoice amounts and/or require a cash payment or guarantees following the return of bills of exchange that had been accepted as payment. Bills of exchange shall only be accepted by prior agreement. Payments by bills of exchange or cheque shall only be deemed executed upon their collection. All costs incurred shall be borne by the customer. With respect to an existing business relationship, the customer waives the right of retention arising from previous or other business deals. The set-off of receivables by the customer is permitted if such receivables have been recognized by us and have been deemed payable or ruled to be enforceable. Irrespectively of any disputes or defects in delivery, the invoice in question shall be paid when it becomes due. Please note that we work with credit bureaus.
Reserve title goods: Delivered goods shall be subject to reservation of title extended until the payment of the balance of the claims due under the contract. If the customer is a legal person under public law, a body under public law with separate assets or an intermediary, the reservation of title shall also apply to claims due to us under the terms and conditions of sale in force with the customer. The reservation of title shall continue, in the case of payment by bills of exchange or cheques, until the respective sums have been received in full. Until our property is extinguished, any resale made by the customer shall be deemed to have been made through one of our agents, without this resulting in a claim for the customer against us. New articles resulting from the processing of the goods subject to reservation of title delivered by us shall be considered products for us and shall become our property without any obligation arising for us therefrom. The connection, blending or mixing of reserved title goods with goods not belonging to us shall result in joint ownership with our company in accordance with the provisions of law. In such cases, the customer is obliged to keep the goods free of charge on our behalf subject to our reservation of title or joint ownership. In the event of the sale of reserve title goods or their installation in a building owned by a third party or the customer, the customer shall immediately assign to us the claim arising from the sale of the goods, their installation or the resale of the property or rights to the property in an amount corresponding to the value of the reserve title goods. We hereby accept the assignment. Where the assigned claim exceeds our claim by more than 20%, we undertake to release the excess amount of the customer’s claim upon request. The customer shall also be obliged to make available to us at our request all information and documents to protect our rights. The customer shall, in particular, inform us of the names and addresses of the debtors of the assigned claims, and shall, at our request, inform the debtors of the assignment. The customer shall also provide us with a document on the assignment. Reservation of title under the foregoing provisions shall continue even if our claims are covered by unpaid invoices and the balance is established and recognized. Without our prior approval, the customer shall not pledge or transfer for security reasons reserve title goods
and claims arising from their sale. The customer shall notify us immediately of interventions on our property by third parties, giving us, in particular, immediate notice of enforcement measures by third parties, with the delivery of the necessary documents to oppose this. Upon receipt of protests of cheques and bills of exchange, suspension of payments, application to or opening of insolvency proceedings, the right to the further use, employment or installation of reserve title goods shall cease. In the event of a breach by the customer of the contractual conditions, in particular for late payment of the sale price, we shall be authorised to make the collection according to the declaration of withdrawal and the customer shall be obliged to return the goods.

Place of performance and jurisdiction: Place of performance for deliveries and payments shall be the registered office of the company Agglotech. If the customer is an intermediary, the court of Verona or, at our discretion, the general court with jurisdiction over the customer shall have jurisdiction. For deliveries to customers based abroad, Italian law shall apply.

Discounts: The discount we grant (item discount + prepayment discount + bonus) on the current price lists shall only be valid if payment conditions are respected, in particular, with the payment of invoices in no later than 10 days from the issue date. In the event of late payment, suspension of payment, default or insolvency proceedings being initiated on the customer’s assets, discounts shall lapse and further charges shall apply. Unduly deducted discounts, etc. will be charged back.

Amendments and additions: Amendments and additions to these conditions shall be made in writing. Should individual provisions become ineffective, the effectiveness of the remaining provisions shall remain