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GENERAL TERMS AND CONDITIONS OF SUPPLY OF THE COMPANY

MARINI MARMI S.R.L. 

WITH REGISTERED OFFICES IN CASTRO (BERGAMO) ITALY

 

 

Article 1 (Orders)

Orders are irrevocable offers to purchase, which are valid for 60 days. No order shall be binding on the company MARINI MARMI S.R.L. unless it has been accepted expressly in writing. The delivery of goods in compliance with the order is equivalent to written acceptance. The fact that several continuous orders are executed does not constitute acceptance of other subsequent orders and does not give entitlement to future supplies. Purchase conditions that are not in line with our general terms and conditions of supply and payment are not accepted.

 

Article 2 (Deliveries)

The delivery date indicates the date of consignment to the carrier and shall not be, however, binding on the seller; therefore any claims arising from a delay in delivery and any relative request for damages shall not be accepted. Force majeure events (serious mining problems, lack of power, adverse weather conditions, strikes, lockouts, etc.) shall entitle us to cancel or stop the supply. Reductions by the seller in the amount of goods ordered and the consequences of inefficiencies or force majeure events shall not authorise the purchaser to withdraw from the contract.

 

Article 3 (Shipment)

The goods shall travel on behalf of and at the risk of the customer even in the case of goods delivered carriage free. The seller shall not be liable for damage, breakage or loss occurring during transport, nor is responsible for the length of time of the transport: any claims in this regard should be sent to the carrier. Any packaging is invoiced at cost, except for returns. Once the loading period has been established, this must be observed as once this period has passed the seller is free to consider the purchaser in default and to sell the goods to third parties; the seller accepts no liability for damage and relative costs incurred in connection with delays of transport means compared to the agreed date for loading. In the event the material ordered or sent is refused by the purchaser or the purchaser is unable to receive the same, the seller reserves the right to demand fulfilment or termination of the contract as well as compensation for consequent damages.

 

Article 4 (Retention of ownership)

The goods remain the property of the seller until they have been fully, precisely and promptly paid for. This also applies in the event of transformation, combining or storage with third parties. Sales to third parties by the purchaser must also occur pursuant to the aforementioned terms and conditions of retention of title. Rights claimed by the purchaser against third parties resulting from the sale of the goods to the same shall be automatically and simultaneously granted to the seller as a guarantee for the full payment of the goods. The purchaser shall not be permitted to transfer any title or ownership for any reason whatsoever of the goods sold, as security for any obligation contracted by the purchaser. The purchaser undertakes to immediately inform the seller in cases in which third parties claim rights over the goods sold.

 

Article 5 (Complaints)

The goods must be immediately inspected on arrival. Any complaints must be forwarded before any handling of the material, in writing, within eight days of receiving the individual consignments of goods. Complaints shall not authorise the purchaser to refuse the supply, even part thereof, or to unilaterally reduce the price or change the terms and conditions of payment. Complaints shall be examined together and, if found to be justified, shall entitle to a discount equal to the lowest value of the goods at our premises, in respect of the defects encountered. Normal fillings and cracks in individual materials shall not be considered defects. The seller accepts liability for any damage documented up to a maximum amount of the net value of the goods supplied at the time of departure. Complaints received later than the eight days from receipt of the goods, or after the resale, processing or laying of the material cannot be taken into consideration. Under no circumstances shall the seller accept the return of goods or replace of goods, particularly if the goods ordered are tailor-made or samples, unless specifically agreed.

 

Article 6 (Samples)

Stone, marble, porphyry and granite are natural products and as a result are not uniform and consistent materials. While we will do everything possible to supply materials that comply to samples, it should be understood that the latter shall not be binding on us and their sole purpose is to give a general idea of the products.

 

Article 7 (Prices)

The prices applied by us do not include V.A.T. and are ex works. The prices invoiced are those on the price list in force on the day of the same invoice. The costs of transport, laying, rental, freight cars, etc., paid in advance by us, must be reimbursed immediately. In case of sales specifically agreed to be carriage free, the transport cost must be paid by the purchaser to the carrier at the time of delivery of the goods and this amount will be considered as an advance payment on the invoice.

 

Article 8 (Payments)

The payment must be made within 30 days from the supply, by bank transfer and without discount, at the head office of MARINI MARMI S.r.l. in Castro (Bergamo), unless agreed otherwise and stated in the offer or written at the time of acceptance of the order. In the event of payment by cheques, all expenses as well as interest charged to us by the banking institution are at the expense of the purchaser. Once the deadline for payment has passed, we will be authorised to charge interest on arrears in compliance with the provisions of Italian Legislative Decree 231/2002. Neither our agents nor our collaborators are authorised to collect sums, receive cheques, issue receipts or pick up goods, unless they have proper written authorisation from us and subject to telephone confirmation or certified email from us. Delays or irregularities in payments by the purchaser, even if relating to previous commercial relationships between the parties, shall give us the right to stop, at any time, delivery of the goods.  

 

Article 9 (Place of fulfillment)

The obligations of both parties are executed exclusively at the head office of the seller in Castro (BG). In particular the obligations of the seller regarding the delivery of goods are fulfilled when the goods are collected by the carrier.

 

Article 10 (International sale)

Vienna Convention dd. 11.04.1980 ratified by Italy with Law no. 765 dated 11.12.1985

The international sale of goods shall be governed by these general terms and conditions of contract and by the provisions of the Vienna Convention dd. 11.04.1980 for the international sale of goods.

 

Article 11 (Jurisdiction)

Any disputes arising from matters relating to this contract shall be settled by the Court of Bergamo, even in case of payments made by cheque, bill of exchange, draft, credit line, etc. This clause is stipulated in the exclusive interest of the seller, who may decide to waive it and bring a legal action before any other competent court of law.

 

Article 12

Approval of the general terms and conditions of contract.

By placing an order, buyer expressly declares, in writing, that it fully and unconditionally approves these general terms and conditions of contract.

 

Article 13

Specific approval of the terms and conditions according to art. 1341 of the Italian Civil Code

The buyer, by signing this order, specifically approves, in writing, the following terms and conditions:

Art. 2): deliveries;

Art. 3): shipment;

Art. 4): retention of ownership;

Art. 5): complaints;

Art. 8): payments;

Art. 11): jurisdiction

For express written approval of the terms and conditions stated in the previous article.

 

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Marini Marmi Srl - Via Gré 1 - I-24063 Castro (Bg) - T +39 035 980033 - F +39 035 986656

e.mail: This email address is being protected from spambots. You need JavaScript enabled to view it. - PEC: This email address is being protected from spambots. You need JavaScript enabled to view it.

Registro Imprese Bg – Codice Fiscale e Partita IVA: IT 00225520162 – R.E.A. Bg 126711

Export Bergamo 010786 – Capitale Sociale €. 103.480,00 i.v.

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