GENERAL TERMS AND CONDITIONS OF SALES
- CONTRACTUAL REGULATIONS
These General Sales Conditions, save any modifications or variations agreed upon in writing, govern all sales contracts between OROLAVICO s.r.l. and the purchaser. Any variations on the General Sales Conditions, offers, transactions, credits or allowances, agreed with our Agents or other intermediaries are not valid if not accepted in writing by our Head Office and are in any case limited to the contracts to which they refer.
Prices refer to the price list in force. They are to be considered net of Vat, ex work (EXW) delivered, unless otherwise stated. Should any raw material, labour, fuel, production expenses, transports etc. be subject to any cost increase between the date of the purchase order and the date of delivery, the Seller shall reserve the right to increase the price accordingly. Should said price exceed the 20% of the previously agreed price, the Purchaser shall reserve the right to withdraw from the contract by sending written notice by registered letter within 10 days of having received the price increase notice.
- ORDERS AND ORDER ACKNOWLEDGMENT
The supply includes only materials and quantities specified in our orderacknowledgment which will be through pro-forma invoice only coming from our Head Office via e-mail. The purchaser should send us the signed document for acceptance strictly within 5 working days from receipt. Otherwise the order will be invalid. The acceptance of the order must be accompanied by a minimum deposit of 50%. No order can be cancelled without the written consent of our office. In case of cancellation OROLAVICO s.r.l. reserves the right to charge the customer a refund of any charges. Possible completions in subsequent processes may have different tones, so we recommend ordering a 5-10% more for scrap and extra supply.
- TERMS OF DELIVERY
The established delivery date must be mutually acceptable to both parties. Unless specific clauses are introduced, this date is considered purely indicative and not binding. If, as result of events of force majeure the contract cannot be executed within 60 days of the date agreed upon, both parties shall be entitled to withdraw from the contract. In such case the declaration of withdrawal must be sent to the counterpart by registered letter with return receipt within 10 days of the expiry of the aforementioned 60 days, and any indemnity or compensations is excluded. Supplies abroad are made on the basis of the conditions chosen for each specific case as specified in the “INCOTERMS” approved by the International Chamber of Commerce in 1990 and subsequent. The goods travel at risk and responsibility of the purchaser, ex-work (EXW); all our responsibility ceases upon delivery of the goods to the carrier. The purchaser undertakes to verify and check goods quality and amount before collection and after the purchaser has inspected the goods, any claims should be made to the carrier.
Payment is to be remitted to our registered office in San Giovanni La Punta (CT). Payment should be made with a minimum deposit of 50% upon confirmation of order and the remaining 50% upon delivery, by bank transfer at Institute of Credit indicated in the pro-forma invoice on account payable to OROLAVICO s.r.l., unless otherwise agreed in writing or stated in the tender at the time of order. Order/s will be shipped only if the down payment will be already settled. In case of payment with title-checks, any cost from the banking-housewill be charged to the purchaser. Neither our agents nor our employees are entitled to cash amounts, to receive securities in issue receipts, to pick up goods unless they are equipped with our regular authorization, in writing and must be confirmed by phone or by certified mail.
- CONDITION OF OWNERSHIP
Pursuant to Articles 1523 and following of the Civil Code, all products, accessories and any relevant interests, shall remain exclusive property of the Seller until full payment of the agreed price.
- INTERESTS ON ARREARS
Starting from the stipulated due date of payment the current interests on arrears shall become effective, pursuant to D.Lgs. 231/2002.
- DEFEASANCE CLAUSE
Non-payment, fully or in part, of the supplied goods or any delayed payment after 10 days shall give us the right to withdraw from the contract and not to deliver the remaining supply, said right could be exercised also in case of insolvency, real or deemed, of the purchaser.
- SOLVE ET REPETE
In no case, damage or faults of the goods included, shall the Purchaser have the right to delay or suspend the payment of collected materials, save for the right to demonstrate to have paid undue amounts.
- CLAIMS AND WARRANTY
The OROLAVICO’s collections are materials subject to variations in colour and/or vein, as they are natural and human products. These items are featuring high value characteristics in regard to the colour and/or vein alternatives of the different pieces. We are responsible only and exclusively for polishing and smoothing carried out in our quarries suppliers. Any claims must be made, on pain of forfeiture, by registered letter sent to our Head offices in Via G. Motta n. 140/I – 95037 San Giovanni la Punta (CT) (Italy), before the materials are laid and in any case no later than the deadline of 10 days from the receipt of the material and before its subsequent sale to third parties. The purchaser claiming within this time shall make the claimed goods available to the seller for his verification and check. In the event that damages or losses are effective, only faulty and damaged materials will be replaced and in no case shall the seller be chargeable with any cost or indemnity. Any differences in colour shades cannot be considered as material defects. In any case, our guarantee only includes the replacement of material found to be defective with the exclusion of any further or different obligation. Claims made on defective material do not give the purchaser the right to suspend or delay, in whole or in part, the payment within the stipulated terms, according to previous article 9.
- WARRANTY INVALIDATION
Once the material is laid, any claim for defects either obvious or hidden is no longer valid, and the guarantee is to be considered explicitly invalidated according to art. 1490 of Italian Civil Code. Upon receiving the goods, the purchaser undertakes to carefully check them opening the boxes. In the event that the purchaser identifies damages covered by our warranty, he shall communicate this claim under the conditions and within the period stated in the previous article. 10. After this mandatory deadline, the purchaser shall not have any warranty rights for any identified damage. Shall the purchaser exercise his right to claim, he shall make the whole supply available to us. Shall the purchaser make available only part of the supply, the warranty shall be invalidated.
- COURT – APPLICABLE LAW
Any dispute concerning the supply, being that raised by either the supplier or the buyer will be assessed based upon the applicable Italian law, giving exclusive competence to rule to the Catania Tribunal, except where otherwise elected by the supplier.