General conditions of Sale

1. Contractual legislation – these General Conditions, except for any modifications or derogations agreed in writing, regulate all the sales contracts between us and the buyer, therefore both the contract concluded with the acceptance of this order that any future contract relating to supplies of the products of our company ordered with subsequent and distinct commissions.

2. Supplies – The price specified here is clear of transport costs, VAT and any customs rights; For goods made Franco our plant.

3. Orders – The client undertakes to maintain the order proposal issued to commercial staff of our company. Each order transmitted by our agents is always collected “except for approval of the house”, so we reserve the right not to accept or modify the order itself. The above also applies to any free sales per exhibition room. Before processing orders, the company reserves the right to request commercial information.

381 / 5.000 Risultati della traduzione Risultato di traduzione 4. deliveries – the delivery terms are never demanding; However, the failure to carry out the order if confirmed or the delay in its execution exclude all our responsibilities from causes attributable to us, such as impediments or difficulties in transport, strikes, tight, impossibility or even just difficulties in timely supply of raw materials.

The client, therefore, cannot in any case ask for the termination of the contract or to demand compensation from any direct or indirect damages for the delay in delivery.

5. choices – The material will be delivered in the ordered choices. Therefore, the requests for certain percentages of choice will be understood as simple indications and met compatibly with the production yields.

6. Transport – The goods travel at the risk of the client’s risk even if made Franco Destiny and our responsibility ceases with the delivery to the carrier, therefore, the complaints for any shortcomings or breakages must be aimed exclusively at these.

7. Prices – We reserve the right to modify the prices of this price list with a notice of 30 (thirty) days.

8. Payments – Payments must be received at our site. Acceptance by our effects or checks issued outside the square or in any case the defendant payment by means of a non -derogation from this condition. The invoices not contested within 8 (eight) days from the reception are intended to be accepted. Payments must take place in the ways and terms agreed in our commission. In the event of delayed payment of sums due to us, it is our faculty to suspend the supplies and cancel the ongoing relationships. The interest for delayed payment must be expressly agreed with rates to be defined. Loose interests will be applied in defect.

9. Contestation for defects – Any disputes for vices whatever evident is hidden of the goods subject to the supply must be sent to our office by registered letter with acknowledgment of receipt within 8 (eight) days from receipt of the goods. In any case, before proceeding with the laying of the ceramic material, it will be the burden of the buyer and/or the end customer to whom this obligation must be contractually extended, check the existence or not of clear defects and/or defects and this in order to Do not aggravate the damage. Any complaints that may concern the material already in work will therefore be rejected. The installation will determine renunciation of the guarantee for the evident defects of the goods provided and in any case it will integrate the provisions of art.1227 of the Italian Civil Code .. The guarantee for the classified second or third choice goods, blocks or occasional games is expressly excluded.

Offers, transactions, credits granted by our agents or intermediaries are not valid if not confirmed in writing by our office. Our samples are only indicative and are presented by us for the sole purpose of providing the Customer to the general indications of the product.

10. Solve et Repete – No exception, except for those of nullity, cancellation and termination of the contract, can be opposed by the buyer in order to delay or avoid payment.

11. Reserved domain – The sale of the goods is carried out with the clause of the reserved domain, so that the ownership of the same will pass to the buyer only with the full and effective payment of the price. Failure to pay even a single installment will produce the dissolution of the contract with the right to demand the immediate payment of all installments, even if not expired or the immediate return of the goods. In this case, the sums paid will remain acquired to the seller by way of indemnity.

12. Compromising clause – with the exception of disputes relating to the payment of the price and the related actions exercised in the monitoring or ordinary judgment, which remain the responsibility of the Italian judicial authority, any other controversy that may arise regarding the conclusion and/or execution and/or termination and/or interpretation of this contract will be donated to a college of three referees, appointed one by each of the parties, and the third of the mutual agreement or, in the event of disagreement, by the president of the C.C.I.A.A. of Reggio Emilia, at the request of the most diligent part. The part that intends to start the arbitration must communicate it to the other side by registered letter containing the appointment of its referee and its acceptance. The other party will have to appoint its referee within 15 days from the date of receipt of the registered letter, communicating this appointment and the relative acceptance within the deadline indicated. In the defect, the high part may request the appointment of the second referee from the President of the C.C.I.A.A. of Reggio Emilia. The referees will decide according to right and in compliance with the principle of the contradictory; The award must be deliberated within 90 days from the date of acceptance of the last referee. The arbitration will be based in Reggio Emilia.

13. Competent hole and applicable law – For any dispute, the Forum of Reggio Emilia is exclusively competent and the applicable law is exclusively the Italian one.

14. Effectivity of each condition – The general conditions of sale above must absolutely not be understood as a pure style clauses. They are effective and faithfully represent the negotiating will of the parties.