General Sales Conditions
1) General Provisions
1.1 The following terms and conditions (“General conditions of sale”) are an integral part of any Order and / or Agreement signed between the Seller and the Customer for the supply of products.
These conditions prevail on any Customer conditions, even when they are mentioned or contained in orders or in any document provided by the Customer, without the prior written consent of
ITALIAN SEDIOLITI SRL and therefore even in case of tacit approval. For each Order and/or Contract the Consumer Code (Legislative Decree 206/2005) and subsequent amendements is applied.
General conditions of sale, exception made for any written derogation, are valid for all future supplies of goods and services until a new edition is produced.
1.2 ITALIAN SEDIOLITI SRL reserves the right to carry out, in written form, the periodic review of General Conditions of Sale, which will be sent, attached to the offers or to any written correspondence, to the
Customer.
1.3 If the Customer does not return a signed copy of the order confirmation and / or the order or does not send the purchase confirmation. Orders placed by customers shall mean not accepted until they are not
confirmed in written form by the Seller. Orders and / or modifications made orally or by telephone must be confirmed in written form by the Customer. Otherwise, the Seller cannot accept any responsibility for potential errors or misunderstandings. If the Seller does not send any written confirmation for orally negotiated orders, the issue of the invoice or the execution of the order by the Seller will be considered as a confirmation.
1.4 Given the constant improvement and technical evolution, ITALIAN SEDIOLITI SRL reserves the right to introduce products modifications and improvements without previous notice. Photos and technical
specifications in catalogue and price-list are merely indicative.
2) Prices
2.1 Product prices are those mentioned in ITALIAN SEDIOLITI SRL price-list in force at the time the order is placed or, if the product is not indicated in the price list or the price list is not available, those specified in the order and confirmed in written form by ITALIAN SEDIOLITI SRL at the time of the order.
The current price-list can be subject to modifications without any notice, fully replacing the previous one.
2.2 In case of deferred payment, if one instalment is not paid on time, the seller may ‘immediately demand the full amount with the consequent loss of the right to deferred payment on the part of the Customer even if the conditions laid down in art.1186 of the Civil Code are not satisfied. Alternatively, the seller can suspend and terminate the contract for non-performance and retain the amount paid by the Customer as
compensation for damages.
Even in case of claims, the Customer cannot initiate or pursue actions without first fully paying the total amount according to the agreement. The payment, under no circumstances, can be suspended or delayed: in case of claims, any action can be pursued without paying the total amount according to the terms and the established ways.
2.3 The suspension of delivery of products or the termination of the sale agreement does not give the Customer the right to claim any damages.
2.4 The prices in EURO do not include VAT
2.5
ITALY: delivery Carriage Free to CUSTOMER LOCATION for purchase orders exceeding the amount of 500 EUR; for orders do not exceeding the amount of 500 EUR, a contribution of 25 EUR will be charged.
ISLANDS: delivery Carriage Free to CUSTOMER LOCATION for purchase orders exceeding the amount of 700 EUR; for orders do not exceeding the amount of 700 EUR, a contribution of 35 EUR will be charged.
For deliveries with DESTINATION OTHER THAN CUSTOMER LOCATION, please do not hesitate to contact us.
3) Delivery
3.1 All deadlines – delivery, performance, installation, etc. – even when they have mandatory character, have to be considered indicative and assumed by the Seller with a margin of tolerance. Unless otherwise agreed
in writing, the indication of a delivery deadline is not binding for the seller. Unless otherwise agreed between the parties, the term of delivery is specified in the order confirmation.
The delays in delivery of goods do not give any right to penalties and / or reimbursement for any direct or indirect damage and in any case to cancellation or termination of the sale agreement.
3.2 In any case ITALIAN SEDIOLITI SRL will not be held responsible for delays or non-delivery due to circumstances which are beyond its control, such as, for example: a) mistakes or delays in communication of Customer information and delivery indication to ITALIAN SEDIOLITI SRL b) difficulty in obtaining supplies of raw materials; c) production-related problems or delays in order planning; d) total or partial strikes, lack of electricity, natural disasters, measures imposed by public authorities, difficulties in transportation, riots, terrorist attacks and all other events due to force majeure.
3.3 The occurrence of some of the events listed above will not give customer the right to claim compensation for any damages or compensation of any kind.
4) Packaging 4.1 ITALIAN SEDIOLITI SRL carries out the delivery of goods following the standard amount required for each package as specified in the price list / catalog. In case of mismatch, the amount will be rounded, without notice, to the amount established for packaging or multiple of it. 4.2 The used packaging must be disposed according with the procedures established by national laws. ITALIAN SEDIOLITI SRL declines any responsibility for damages to people or things for improper use.
5) Returned goods The Seller is not obliged to accept returned goods, unless it is expressly agreed in writing. Any costs incurred for this purpose has to be paid by the Customer.
6) Complaints Any discrepancy in delivered products with regard to the type and to the amount specified in the order must be denounced in written form by sending an email to the address info@italiansedioliti.it within 7 (seven) days from delivery date. If the complaint is not submitted within the above-mentioned period, delivered products will be considered as complying with those ordered by the Customer
7) Warranty terms
7.1 The warranty provided by ITALIAN SEDIOLITI SRL has a variable validity depending on the date of purchase and on the model chosen (see our Price-list)
Any manufacturing defect or imperfection must be validated by ITALIAN SEDIOLITI SRL after receiving appropriate written request accompanied by photographic documentation, number of shipping document or through direct assessment by ITALIAN SEDIOLITI SRL agents.
The guarantee is based on a normal daily use of 8 hours for 220 working days a year.
The warranty includes the replacement of those components, which are considered non-compliant or disabling because of manufacturing defects with the following procedures:
WARRANTY PERIOD UNTIL SPECIFIC EXPIRATION | PRODUCTS BOOK (Made in Italy) | PRODUCTS BOOK (Made in Italy) | IMPORT PRODUCTS | IMPORT PRODUCTS |
From 0 to 12 months | ITALIAN SEDIOLITI SRL | ITALIAN SEDIOLITI SRL | ITALIAN SEDIOLITI SRL | ITALIAN SEDIOLITI SRL |
From 13 to 24 months (according to specific warranty) | ITALIAN SEDIOLITI SRL / CLIENT | ITALIAN SEDIOLITI SRL / CUSTOMER | ITALIAN SEDIOLITI SRL / CUSTOMER | ITALIAN SEDIOLITI SRL / CUSTOMER |
From 25 to 60 months (according to specific warranty) | ITALIAN SEDIOLITI SRL / CLIENT | CUSTOMER | ITALIAN SEDIOLITI SRL / CUSTOMER | CUSTOMER |
7.2 With the warranty obligation the Seller does not assume any further obligation for direct/ indirect or consequential damages caused to the Customer or third parties from the Product defects (also in case of production losses, damages to people or things, loss of profits and so on.).
7.3 The terms above-mentioned may be supplemented by additional terms that can be applied to specific product lines. By way of example, products with defects caused by transportation, modification and / or
changes caused by natural events or improper storage, improper installation, alteration and / or repair by unauthorized persons, lack of proper maintenance or failure to follow operating instructions, use of not suitable materials and / or equipment, normal wear or deterioration are not subject to warranty.
8) Installation and assembly 8.1 ITALIAN SEDIOLITI SRL products must be mounted and assembled according to the instructions provided by the supplier. ITALIAN SEDIOLITI SRL disclaims any responsibility in case of incorrect installation of the material.
9) Insolvency 9.1 The eventual insolvency, even if partial, gives ITALIAN SEDIOLITI SRL the irrevocable right, according to art.1453 and 1456 of the Civil Code, to immediately stop deliveries. In any case, ITALIAN SEDIOLITI SRL has the right to suspend the fulfillment of the obligations arising from the sale of the Products, according to art. 1461 of the Civil Code, in the event that the Customer’s financial conditions may endanger the compensation. 9.2 In case of delayed payment, interests will be charged according to the ECB rate plus eight points, in addition to the costs of recovery within the meaning of Directive 2011/7 / EU.
10) Reserved ownership 10.1 The goods are sold with reserved ownership according to art. 1523 et seq. of the Italian Civil Code; therefore until the full payment of the amount, they remain under ITALIAN SEDIOLITI SRL ownership. 10.2 In case of actions brought by third parties concerning supplied products and subject to the properties reserves, the Customer must release to third parties the fact that they are property of the Seller and must immediately inform the Seller of such action. The Buyer will support all costs related to this operation.
11) Disputes 11.1 All sales contracts between the parties as well as’ these Conditions of Sale have to be governed by Italian law. 11.2 Any dispute arising between the parties after the interpretation or execution of these General Conditions of Sale and related contracts will be’ under the exclusive jurisdiction of the Court of Forli. 11.3 It is understood between the parties that only the Seller has the right to waive the exclusive jurisdiction to take legal action against the Customer.
12) Final Provisions 12.1 The total or partial modification of these Conditions of Sale does not affect the validity of the remaining provisions. N.B. Please note that colors on our printed color chart may vary from real colors. Always use our real color chart in order to avoid mismatches.