Orders will be fulfilled only after our approval, which may be implicit, with the fulfilling of the order, or explicit with our written confirmation. Goods offered with prompt shipment or delivery are always understood to include the clause « based on time and barring prior sale ». Orders are always fulfilled, independently of the amount ordered, in standard packaging or multiples of the same. Should the customer desire packaging in amounts different from the standard the goods will be prepared as requested, but without quantity discounts and additional handling expenses will be charged. Should the customer fail to collect the goods ordered, we may, on our part, demand that the contract be respected or annulled. In the latter case, the customer will be charged 20% of the amount of the goods as a penalty.
Prices refer to goods produced ex our warehouse and exclude packing, postage, transportation, insurance, VAT and all other shipping expenses. The prices displayed on the price-list have the same validity as the list itself. Prices given on our verbal or written offers are not valid for more than 30 calendar days and may be limited to a shorter period specified by us at the moment of ordering. In any case, the prices displayed or stated may be subject to change without advance notice, due to sudden variations in the cost of raw materials, production or labour costs with regard to the items we produce, or in the exchange rate of our currency with regard to the products which we market and/or import. For this reason, customers should ask for updated prices when ordering.
Packaging and packing
At cost and in compliance with current regulations.
Payments must be made to our address within the terms stated on the invoice. The acceptance of bills and/or the issue of drafts does not constitute derogation to the place of payment nor to the terms stated on the invoice. Disputes of any sort do not give right to the postponement or modification of the terms of payment agreed upon.
Interest on arrears
Failure to respect the terms of payment stated on the invoice will be considered sufficient grounds for requesting arrears payment, without further notice. The period of arrears will thus be calculated starting from the day following the agreed payment deadline and ending the moment we receive payment of the amount owed us. The interest rate applied will be that of bank interest rates for withdrawals on outstanding accounts, as applied at the moment of the arrears. Charging interest on arrears will not influence any decision we may make regarding deferral in fulfilling the order until delayed payments have been received. A single unpaid invoice will be considered grounds for deferring deliveries of orders, including those already planned, and future payments will be made cash on delivery.
Property rights clause
All our materials are sold with the understanding that they remain our property until the invoices have been paid in full, in accordance with art. 1523 of the Civil Code.
The terms of delivery are not absolute and must be intended as approximate. In the case of fortuitous events or overpowering circumstances (including war, mobilization or requisition) we reserve the right to cancel all or part of our orders without possibility for the customer to claim damages whatsoever. Breakdown of machinery, interruptions or limitations in the supply of electrical energy or gas, delays or insufficiency in transportation or railway cars, or any accidental event the cause of which cannot be attributed to us, will be considered a fortuitous event or overpowering circumstances.
Goods are always shipped at the customer's risk. We decline all responsibility, including that for goods sold ex destination. It is the duty of the customer to check the condition of the boxes before collecting them, pointing out to the person in charge any differences in weight or any damage observed. Insurance, if any, will be at the customer's expense and must be explicitly requested in the order. Should the customer fail to provide shipping instructions, we will act on our own initiative in the best interests of the customer, but with no responsibility regarding fees and the means of transport selected.
Claims and returned goods
Claims will not be accepted after eight days following receipt of the goods. Goods which have been regularly ordered, cannot be returned for any reason, without our written authorization.
We guarantee our products against factory defects. Our responsibility, however, is limited to the replacement, free of charge, of parts made or marketed by us, providing that they have not been modified, tampered with or used in an improper way. We do not accept responsibility for any consequence and/or damage deriving from the goods supplied, including: labour costs for disassembling and/or assembling, selection costs, costs for the purchase of complementary parts and cost for production interruptions. The features, performance, weights and measurements indicated in the catalogues are understood to be entirely indicative and approximate and may vary without advance notice. For materials made by us, our guarantee is offered with all the limitations, as expressed above, or those imposed by our suppliers, save for special agreements made at the time of ordering.
The Law Court of Milano, Italy, is the reference for all legal disputes.