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GENERAL CONDITIONS OF
SALE 1)
Leathers are negotiated and sold on the basis of measures calculated with the
metric decimal system; for extra-EU sales , the reference measure can be the
square fOOt 30 x 30. Quantity tolerance are applied . 2)
The quantity of each order, as per all the single article and
/or colour and/or size, is subjected to the clause “around”(10%+/-) to our favour; such tolerance is not applied to
pecentages of the agreed selections. 3)
Each order constitutes an autonomous contract, in which the price does not bind the
parts for further negotiations; in case
of portioned deliveries, each delivery will be considered autonomously as far as concern claims and
complaints. In case of controversy, both parts renounce to compensation practices
among values related to different orders
or deliveries. 4)
The agreed terms of delivery are indicative and not
peremptory. In case of delay imputable to the seller ,the buyer is entitled to request
the delivery to be made within a term adequate to the entity of the order, but however never less than 10 working days. If in this term the delivery had not
been made totally or partially, the
buyer will be entitled to recede the contract as far as concerns the part not
accomplished. Except in case of fault or gros negligence of the seller, the
buyer will not be entitloed to take further action. 5)
The delivery is considered as made once the merchandise leaves
the vendor factory or other storage location, even if the transport is charged
to the seller. The goods have no transport risk insurance. 6)
The buyer will make the payment of the goods according with the
agreements taken at the time of the order or after it following written agreements. In case of a fully default on payment in due course or, in absence, in the date mentioned in the invoice,
the buyer is consdered in arrears even without a special injuction. 7)
A fully default on payment in due course authorizes the vendor to draw a draft at sight for the
due amount , besides the delay interests to be calculated starting from the first day following the maturity in accordance with the D.Lgs
231/02 or the Directive CE 2000/35.
Changes occurred in the economical
situation of the buyer, sospensions or payment delays authorize the seller
to send the goods cash on delivery, reducing
the price in the measure of 1%, for each month of delay previously determined;
the calculation will not consider the part of the month when the invoice was
issued. 8)
The vendor will
deliver goods of fair average quality, manufactured according to the best
technical competences and using adequate raw materials and other manufacturing products;the
colours, even if are custom colors, are subject to variations of tone; leathers
made through particular processings can present chemical/physical
characteristics lower than the standard production; leathers having a thickness
lower than 1,00 mm are not tear guaranteed.
Leathers carachteristics must be in line with the regulation on harmful substances.
The seller web site, that is continuously updated, shows the most
important characteristics of the production and the recommendations for a good use
of leathers. 9)
Unless otherwise agreed, the warranty only concerns the agreed
type
and the quality of leathers and not to
the destination of use for the buyer. 10) The buyer, within
and not after 10 days (including holidays and weekends) from the receipt of the
goods and, however, before submitting it to any processing, manifacturing or
cutting ,is requsted to check it, also in
relation to size, and eventually to write down complaints to be exclusively adressed to the seller. In case the buyer checked
the goods before the delivery, within the mentioned term, he is entitled to
complain only for the quantity. The
buyer is not entitled to complain about defects that he knew or should have
known at the moment of the signing of the contract or the order. The buyer is
entitled to return the goods through a written declaration made within 10 days
from the complaint , that must concern at least 70% of the interested goods ,in original conditions ,in the
respect of the original percentages of choice which compose it. 11) In no case the
buyer is entitled to claim for indirect damages ,as loss of
customers, discounts ,delays of delivery, interruption of business and process,
lack of profit, manufacturing costs and
similars , except in case of fault or gros negligence of the debtor. 12) The seller retains the property of the sold goods until
the moment of the payment of all the existing credits at the moment of the
order. The same applies in case some or
all the credits have been included in a
bank account which balance has been confirmed; in this case ,the property right
guarantees the balance. 13) Any disputes arising from the interpretation, the
execution and the resolution of the
present contract shall be settled by the Court of Justice of Avellino, as the competent
court.
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