CASIRAGHI srl & METALARREDO srl - GENERAL SALE CONDITIONS
Article I - OBJECT OF THE CONTRACT AND THE BUYER INFORMATION
•This Agreement governs the terms of sale / purchase between METALARREDO Srl (hereinafter called Seller) and the customer (hereinafter called Buyer) located in Italy and abroad.
•All the models of the catalogue are property of Metalarredo, with registered office and operating unit located in Triuggio(MB) via Don Sturzo n.10, P.I. 00822280962, C.F. 06303490152, n. REA MB-1093243 , commercial registration nr.06303490152 in Monza e Brianza.
•Any communication or enquiry may be submitted by writing to the head office of Metalarredo, Via Don Sturzo, 10 – 20844 Triuggio to the following contacts: ph. +39 0362 919020, fax +39 0362 919377, e-mail: firstname.lastname@example.org
•the import process (where necessary) of the products / goods or materials needed for the production are in compliance with the applicable national and European regulations.
•With regard to the characteristics of all the goods / products purchased on the catalogue please refer to the technical specifications in the catalogue, at side of each item.
•The Seller doesn’t sell used products, irregular or inferior compared to the standard quality of the market.
•In case the Buyer doesn’t understand the previous point or for any reason he isn’t interested in buying the products or he isn’t satisfied by their technical characteristics, he will not have to purchase.
•Eventual images or color finishing of the products can be different in reality. Such differences can be caused by the printing and/or photography.
•The Seller, in conformity to the present regulations, will confirm the orders to the Buyer by sending an e-mail or fax to their address.
•In case the order can’t be confirmed by the Buyer, the Seller will be immediately informed by e-mail or fax. •The Seller has the right to modify the prices at any time; in case of variation the products will be invoiced at the prices indicated in the order confirmation.
CONCLUSION OF THE CONTRACT
•The conclusion of this contract is done by sending the Buyer’s order to the Seller and its acceptance by the Seller through the procedures described in the previous paragraphs. •These procedures allow the formulation of a purchase proposal by METALARREDO Srl based on the choices of the Buyer (including but not limited to: depending on the goods to be purchased or quantity). This purchase proposal is submitted by a graphical presentation of an order that includes the items selected by the Buyer, the price, any eventual transport charges and/or charges by law and any other information necessary for a proper understanding of the purchase; •The Buyer, upon acceptance of all the elements of these conditions of sale can proceed with the purchase of the goods, through the same computerized procedures, that will conclude with the subsequent confirmation of the order by the Seller and with the payment due at the expiry date, according to the method of payment agreed between the parties as stated on the order confirmation before and on invoice after the delivery.
PRICELIST, PRICES AND TRANSPORT COST
•The prices and characteristics of goods are indicated analytically, prior to any transaction of purchase, in the technical sheet of the product and summerized in the order confirmation before the delivery of the goods and payment; •They are indicated during the purchase at the moment of the payment of the goods. •Any eventual taxes or additional costs for transport or packing are indicated in the order confirmation. •The minimum order value is € 150,00 net •The Incoterms is EXW (Ex-works).The Buyer will collect the goods by its own or by means of a transport company. •In case of delay in payments Metalarredo Srl reserves the right to apply the interests for late payment and any further costs. •The standard packing is free of charge.
DELIVERY OF THE GOODS AND CONTROL WARRANTY BEFORE DELIVERY
•A quality control is made on the goods before the delivery. This proceeding carried out by the employees of the logistic department ensures that the goods on delivery are corresponding in models and quantities to the ordered products and their packing integrity. •Upon delivery of the goods by the carrier, the Buyer is required to check that the number of packages corresponds to what is indicated in the transport document, the packaging is not damaged, or wet or otherwise altered, also the sealing materials. •Any damage to the packaging or the mismatch in the number of packages must be immediately reported by written reserve on the courier’s delivery document. •Once signed the delivery document, the Buyer can not make any claim about the appearance of the goods. Any anomalies found in the packing should be signaled to the courier with the following statement: “ACCEPTED WITH RESERVE OF CONTROL” (do not add indication such as “intact packing”). The reserve is to be written on the copy that remains to the carrier, NOT on the recipient’s one. Without any written reservations on the delivery document, the Buyer is not entitled to any refund or repair / replacement of the product warranty.
WARRANTY OF CONFORMITY OF THE ORDERED GOODS
•The Seller guarantees that the goods meet the technical specifications indicated in the visible product sheet and subsequently ordered and confirmed; •The guarantees offered by METALARREDO Srl are those deriving from existing legislation.
APPLICABLE LAW AND DISPUTE SETTLEMENT
•These Terms and Conditions will be governed by and interpreted in accordance with the applicable regulations of the Italian law; •In case of violation of these Terms and Conditions by the Buyer, the Seller shall be entitled to rely on legal proceedings to protect its rights in accordance with the applicable regulations; •The Buyer, for what is not covered by these general sale’s conditions, will be guaranteed the provisions of the Civil Code and the applicable regulations; •For all civil disputes relating to this Agreement which may arise between the parties, the local jurisdiction is the court of Monza;
MODIFICATION AND UPGRADE
•The General Sale Conditions may be amended from time to time in consideration of any changes in regulations; •The new General Sale Conditions shall be effective from the date of publication on the portal www.metalarredosrl.com •It is understood that the Buyer who made purchases before the amendments or changes will be subject to the terms and conditions agreed at the time of the order, unless different requirements disposed by the law;
•The Seller will NOT allow to use its own brand, logo or any element connected to the company or group; •It is also forbidden to revise, adapt, or doing any other action that might concern the trademarks of the company, the group or the Seller’s products and that could cause confusion about the relationship between the Seller and the Buyer; •It’s permitted, for technical reasons (eg for product details indicating the suppliers of the various components / raw materials needed for its production) an indication of the Company by the Seller in the following form METALARREDO Ltd.; •In any case,the Buyer is forbidden to use any action of business communication that bind the Seller to the Buyer in a different way from the simple form of supply (including forms of communication indicating the partnership with the Seller, or to suggest collaboration in the realization of the product, going beyond the supply of the goods by the Buyer);
TERMINATION OF THE CONTRACT
•The termination of the contract may occur due to supervening facts, that is, for reasons that occur after the conclusion of the contract itself, lead to its dissolution. This contract shall be deemed terminated in the following cases: for non-fulfillment of the Buyer and in particular for non-payment of the goods;
LIMITATION OF LIABILITY
•If for technical reasons, force majeure or unforeseeable events, it is not possible to provide goods in conformity to the technical specifications of the product, the Buyer will be contacted and may cancel the order and proceed with ordering other goods, with new sales conditions related to the chosen product; •In the previously mentioned case, the above responsibilities of METALARREDO srl are limited to the price paid by the Buyer. •METALARREDO srl is not liable for improper use of its products.