General sales conditions


GENERAL SALES CONDITIONS

 

TENDER AND SUPPLY MANAGEMENT.

Offers are non-binding. Orders are considered accepted if returned signed for acceptance. The down-payment confirms the order and is obligatory for non-standard processes and measurements.

ORDER SUSPENSION AND CANCELLATION.

The Seller can suspend or cancel orders if, in his unquestionable judgement, the Buyer's solvency has decreased or has become inexistent.

DELIVERIES

Delivery terms are indicative only and any delays caused by force majeure (weather, natural calamities, strikes, accidents, transport problems and quarrying difficulty) will not be indemnified.

DELIVERIES AND MATERIAL CHECKS

The Buyer must check the materials on delivery. Any material shortage must be contested at the time of delivery by noting down the claim on the waybill/consignment note and returning a copy of the same by registered mail with return receipt to the Supplier's head office, on pain of loss of claim rights.

The weight tolerance for shipped goods is ± 3‰.

The Buyer can only make claims for weight shortage exceeding the ± 3‰ tolerance, and only if such weight shortage is confirmed, in the presence of the Supplier's personnel, by a weighing machine that has been calibrated in the two last years by a competent Weights and Measures Authority.

TRANSPORT

Goods travel always at the Buyer's risk, even if it has been sold on a "carriage prepaid" basis. Shipping costs are always to the Buyer's account.

PRICES

The prices applied are those current at the time of delivery of the goods, save other agreement.

PAYMENT AND OWNERSHIP

The Buyer acquires property of the goods only after complete payment of the invoice issued by the Seller, but takes on all risks inherent to the goods, including the risk of loss under causes not due to the Seller. In the case of delayed payments, the Buyer must pay interest as determined by Legislative Decree 09.10.2002, No. 231, starting from the expiry date of the agreed payment term.

If the payment is by Bill of Exchange, cheques or other draft, these must reach the Seller's office before or at the time of material collection. In the case of failure to pay even a part only of the price when due, the Buyer's right to deferred payment lapses for current supplies too; moreover, the Seller can invoke the application of Articles 1460 and 1461 of the Italian Civil Code and consequently suspend any  current supplies.

All payments must be made at the agreed expiry dates; terms of payment are calculated from the time when the goods are made available to the Buyer, even if not collected or with delayed delivery or lost in transit.

In the case of delayed payment, an interest rate equal to the official bank rate plus 3% will be applied. Thirty days after expiry of the payment, a demand draft plus expenses will be issued.

VAT is due immediately on delivery.

Terms of payment differing from those agreed or indicated in the invoice are not accepted.

RESERVED OWNERSHIP

The goods remain the property of the Seller until total payment. Failure to pay even a part only of the amount affords the right, subject to the terms of Article 1525 of the Italian Civil Code, to resolve the contract so that the Buyer must return the goods without reimbursement of any amounts paid, which will be retained by the Seller as indemnification. If the materials have already been laid, the Seller reserves the right to claim against the general Contractor.

CLAIMS

Claims as to quantity, quality or type of goods supplied must be in writing and sent to the head office of the Seller via registered mail with return receipt within 8 days of receipt of the goods. No claim as to goods quality can be made if the goods have not been paid. No claim will be accepted as to tonality and colour constancy or quarry face, which can show natural variations.

TOLERANCES

The Buyer accepts the processing tolerances of Trentino porphyry.

REGULATIONS

All issues not expressly disciplined by these “General Sales Conditions” will be regulated by the sales regulations foreseen by articles 1470 ff. of the Italian Civil Code.

COMPETENT JURISDICTION

Any controversy deriving from the interpretation, application, execution or termination of the contract and/or of these “General Sales Conditions”  or in any way concerning these will be deferred exclusively to the Court of Trento, including the case of connected proceedings.

FINAL CLAUSE

These terms are an integral part of our Price List and are applied to all our products, including those not in the Price List. We reserve the right to modify or update this Price List at any time without warning.
C.A.P.A. s.r.l. Cavatori Associati Porfido Albiano 
VAT Code  00109590224
38041 ALBIANO ( Tn ) - Italy - Via Roma, 47 - Tel. +39 0461.689614 - Fax +39 0461.689038 - Cel. +39 331 1915956 - +39 339 8648344 - E-mail info@capaporfido.com

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