GENERAL SALES CONDITIONS
update from March 1, 2021
The following sales conditions and terms are applicable between Pucci Saoro s.r.l. Locations in both Via E and Via P. Saleni 31 50050 Capraia e Limite (FI) (henceforth referred to as seller) with other parties other than the end user with companies outside Italy (henceforth referred to as buyer or client).
The following premise is to be integrated with the sales conditions.
1.1Order proposals are not bound until confirmed in writing from the seller.
1.2 Any variation in characteristics, quality, quantity, measurement and /or order condition in comparison with original order must be accepted in writing by Pucci Saoro s.r.l. who has the right to ask for a price adjustment or refuse the order.
1.3 Before beginning the order, the seller will provide the buyer a written copy of the order which the buyer will read, verify and sign confirming the design details and send to Pucci Saoro. Pucci Saoro reserves the right to refuse any incomplete, illegible or incompatible documents.
1.4 Only signed written orders from the buyer in possession of the seller will be considered valid.
1.5 Pucci Saoro s.r.l. reserves the undisputed right to modify the merchandise, without former notice and without changing the essential characteristics, should it be deemed necessary or opportune.
1.6 Pucci Saoro s.r.l. reserves the right to interrupt, suspend or annul delivery, agreed upon payment terms, without penalty, if the buyer fails to provide guarantees promised, or in the best judgment of Pucci Saoro s.r.l. commercial references or financing, even provided after starting the order, which may not be suitable in guaranteeing payment of the project or if the materials employed may not recoup their value in the marketplace, or in case of insolvency the buyer is obliged to take possession of unfinished product and pay for it in accordance with article 1515 of the civil code and is subject to damages.
1.7 materials and or products that have been anticipated in no way condition the continuation of the order and in any case must be paid for.
1.8 Contracts are considered final at Pucci Saoro s.r.l. headquarters even if negotiations were conducted by sales representatives/agents who do not represent Pucci Saoro s.r.l.
2.1 Delivery of the merchandise is approximate and not peremptory.
2.2 Order processing begins when Pucci Saoro s.r.l. receives and acknowledges final measurements and details of construction which must be in writing from the buyer and sent in duplicate with the final order signed by the buyer for acceptance as noted in point 1.3.
2.3 Eventual delays will not result in damage, reimbursement, annulment or reduction of order.
2.4 Pucci Saoro s.r.l will not be held responsible for delays in delivery due to forces beyond their control.
2.5 Forces beyond their control to illustrate the point include but are not limited to: strike, black out, flood, fire, difficulty with transport, broken machinery, difficulty in supplying raw materials, etc.
2.6 In case of non-delivery for reasons not attributable to Pucci Saoro s.r.l. payment terms of ready merchandise will be respected.
2.7 storage expenses are at the buyer’s expense. Pucci Saoro s.r.l. will not be held liable for fire or any other damage caused while in storage.
2.8 Upon delivery of finished goods, buyer remains in debt with Pucci Saoro under the stipulations of the contract and in accordance with article 1988 of the civil code for the amount indicated in the bill.
2.9 For deliveries that fall between December 15th and January 10th or between July 15th through September 5th different delivery terms may be made with advance notice to buyer due to holidays.
3.1 Subsequent orders or request for additional pieces after initial order has begun processing will be subject to the same sales conditions set forth in this contract with an increase in list price not less than 30% and will vary based on quantity, uniformity of the order, materials used etc.
3.2 delivery of order add-ons will be made by Pucci Saoro S.r.l. as promptly as possible in conjunction with existing obligations.
4.1 Unless otherwise stated, all orders are Ex works unless explicitly stated otherwise. The buyer will assume responsibility for transport even when Pucci Saorl s.r.l. ships in whole or in part the order.
4.2 The risk of damage in transport is the buyer’s unless expressly stated in the contract. Delivery of merchandise is intended from Saoro Pucci s.r.l. to the first buyer or shipper.
4.3 Risk in transport is transferred to the buyer starting from delivery of merchandise to buyer or shipper.
Delivery means when goods leave the property of Saoro Pucci s.r.l.
4.4 When the buyer transports the goods or arranges transport by a third source, the term “delivery” means the transfer of goods from Saoro Pucci s.r.l. to said means of transportation.
4.5 Risk in transport is transferred to the buyer the moment in which the goods are made available to the shipper or agent responsible for transport.
4.6 Loss or damage to goods after risk transfer do no alleviate buyer from his obligations to pay his debt in its entirety.
5.1 The seller will strive to deliver the goods in the exact quantity and quality stated in the contract and the necessary packaging required as outlined in article 7 in these sales conditions and in the sales contract.
5.2 The buyer will examine or have examined the goods upon delivery and/or when goods are made available.
5.3 Any claims concerning the packaging, quantity, number or exterior characteristics (apparent flaws) must be communicated to the seller via registered letter or fax within 8 days of receiving goods or 8 days after goods have been made available to the buyer by the seller. All claims must state the nature of the defects.
5.4 Any claims regarding defects not immediately visible (hidden) under diligent scrutiny upon delivery or availability of goods must be communicated to the seller via fax or registered letter within the peremptory 8 days of being identified and within 12 months of delivery.
5.5 When buyer signs D.D.T. or a consignment note, the goods are considered accepted and in good condition and in the correct quantity of pieces and accessories. Pucci Saoro will in no way assume responsibility for missing or altered pieces after delivery for any reason.
5.6 Claims regarding errors in billing must be made in the same peremptory period of 8 days after receiving said bill which will be given to buyer within the timelines required by law.
6.1 All articles furnished by Pucci Saoro s.r.l. are guaranteed for a period of 12 months for quality and perfection for 12 months of delivery.
6.2 The client will allow Pucci Saoro s.r.l. all of the tolerances in use and measurement and typology of accessories.
6.3 In case the goods cannot be used because of faulty materials or other reasons attributable to Pucci Saoro s.r.l. they will be obliged to substitute or repair the damaged goods, at their discretion, in the shortest time possible. The buyer will not have the right to reimbursement for eventual damages or to terminate the contract.
6.4 claims made in any way other than described in article 5 will not be taken into consideration.
6.5 Credits may be issued by Pucci Saoro s.r.l. only after having received the contested merchandise.
6.6 Substitution will be made following written authorization by Pucci Saoro s.r.l. No costs will be considered without prior expressed written consent.
6.7 The guarantee will be rendered invalid when damage is caused by non adherence of manuals provided by Pucci Saoro s.r.l. for the storage, maintenance, set up and usage of product at the moment of ordering and at delivery. All manuals are available at www.sistemirasoparete.it
6.8 A non exhaustive list of possible damage not covered by the guarantee include: damage caused by exposure to the sun, humidity, heat sources, harsh cleaning products or products other than those recommended.
In leu of specific packaging requests from the buyer, Pucci Saoro s.r.l. will proceed using its own standard to perfectly wrap and protect the ordered goods. Pucci Saoro will not accept returned merchandise packaged as noted above unless special arrangements have been been involving pallets or other.
7.2 In case of specific packaging requests expressly stated by the buyer, corresponding charges will be added to the bill.
8.1 Payment is not considered valid unless it is made directly at Pucci Saoro s.r.l. headquarters.
8.2 Payment is considered final when the sum is available to the seller in his bank in Italy.
8.3 In case of late payments, interest will be due without resorting to a letter of legal notice, starting from the day following payment deadline as expressed in contract and in accordance with legislation n.231/02,
And its successive modifications and will include expenses and commissions from the bank as a result of the non-payment.
8.4 Payments may not ever be suspended, delayed, even in part, for any reason or claim. The client (buyer)
May not make a claim or ask for modifications without first having paid. (Clause: solve et repete).
8.5 Payments that have gone past due 5 days will be given to legal council to recuperate without further notice. Expenses connected to these legal services will be attributed to the client.
8.6 Any taxes the client is not subject to must be given in writing t the time of placing the order otherwise all standard taxes will be applied
8.7 The person who signs the contract is financially responsible for the debt incurred even if the order was placed for the benefit of a third party.
8.8 The signed guarantee obligates the holder of the guarantee to expressed benefits with no time limit as expressed in article 1957 of the civil code.
9.1 In case of payment installations or deferral of payment, the non-paid installment will provoke an immediate suspension of the right to pay in installments and the buyer may demand to be paid in full for the outstanding balance of the account.
Article 10-Discounts and unilateral conditions of such
10.1 Pucci Saoro s.r.l reserves the right to modify list prices up to a maximum of 5% with 90 days prior notice given to buyer when deemed necessary.
11.1 Until all payments have been made in full, Pucci saoro s.r.l. retains the ownership of all goods in accordance with article 1523 of the civil code and it is expressly forbidden for the buyer to cede or dispose of or incorporate in property the goods until the bill has been settled in its entirety, even if he holds credit titles, that is to say until all debts have been satisfied.
11.2 According to article 1519of the civil code, product that has been delivered and installed is still the property of Pucci Sauro s.r.l. until it is paid in full and can be repossessed and resold if the client fails to pay for it.
11.3 One missing installment on a payment plan gives the buyer the right to request the remaining balance to be paid in full in accordance with article 1456 of the civil code except when civil code 1525 which permits it under specified conditions.
11.4 Payments made will be to the benefit of Pucci Sauro s.r.l. as compensation for costs related to setting up and mounting, dismounting product, depreciation in value of materials and transport with the exception of major damage under article 1526 in the civil code.
11.5 Pucci Sauro s.r.l. is authorized to share contract with interested third parties in pacts with reserved privilege.
12.1 All products manufactured by the seller are allowed an angle tolerance of one degree in respect with seller’s design. In a similar way, linear measurements of the product may differ from the design the seller has in hand furnished by the seller with values + or – (more or less) than 2 thousandths of the quota expressed in millimeters.
13.1 Pucci Sauro s.r.l. is responsible for the set up or mounting of the product in the following limited cases when offering a complete service (frames, jambs, doors, cupboards. ) Pucci Sauro s.r.l. does not assume liability when mounting and installing the final product.
13.2 In the case that the client should order, even at a later date, additional parts (cupboards or doors) to assemble and install with previously received components (jambs or frames) Pucci Sauro s.r.l. will not take responsibility for mounting or installing them. This remains at the sole discretion of the buyer.
Art. 14.1 For any disputes arising in relation to this agreement and the supply governed by the same, shall be exclusively subject to Italian legislation, and, depending on the value, to the Court of Florence and the Justice of the Peace of Empoli, even if payment is agreed by draft or bill of exchange domiciled care of the debtor’s domicile, and it cannot be waived, not even to enforce a guarantee or on the grounds of connection of commonality.
14.2 Reference to the commercial term Ex-Works is understood as referring to the Incoterms of the International Chamber of Commerce in the text in force at the time of concluding the agreement.