- 1. General clause
- Orders will be accepted and processed only under the conditions listed below which prevail over any other condition. Changes or conditions other than those set out below will be valid only if we have recognized them in writing on a contract signed by the legal representative. Verbal or written statements by our collaborators also by e-mail will have no legal value if not signed by the legal representative.
- 2. Orders
- Orders become operational only as a result of our acceptance by sending an order confirmation or after shipment has been completed. The orders must show exactly the references of the chosen materials (or technically equivalent in all the technical characteristics) and must be filled in clearly and legibly in every part; in the event, any delivery errors can not be attributed to "BetonWood S.r.l.".
- 3. Prices - Payment conditions - Penalty
- Prices: Our offers indicate gross prices, taxes excluded, and "ex works" is always intended. Any typographical errors can not be binding for transport costs that are clearly not calculated and not indicated in offers and profound invoices. The lack of any validity period for tenders indicates that their natural expiration is thirty calendar days from the date of issue. The offers and proforma invoices are not binding for BetonWood even in case of payment of the amounts, the company reserves the right to fully refund the amounts paid (also proportionally for partial deliveries) and not to proceed with delivery for any problems both the supply of raw materials, and the difficulties incurred of any kind, and in case of return of money received does not recognize expenses or penalties to the customer for failure or partial delivery. In case of discrepancies on the price, only our communications written in the order confirmations will be valid.
Payment conditions: the goods must be paid in advance or within the terms and in the ways established in the order. Payment delay and penalties. The payment delay of even one invoice will entail for the purchaser the expiry of the payment term benefit, making all the invoices issued and the orders accepted become due. With regard to overdue invoices, the legal interest referred to in the D.L. No. 231 of 2002 without the need for a formal notice. Furthermore, in case of delayed payment, if we have to contact an authorized representative to demand payment of our credits or to exercise the action of claim and / or return, you will recognize us as a penalty pursuant to art. 1382 C.C. an amount equal to 15% of the total amount due, subject to greater damage. This sum may be offset in whole or in part with any advance payments made by the purchaser. In any case of delayed payment of an invoice, however, the "BetonWood S.r.l." is entitled to suspend, until payment has been made, the supplies not yet performed, except for the right to request the termination of the contract.
Penalty: No penalties will be recognized except in contracts regularly recognized by both parties and signed by their respective legal representatives. Penalties for delayed deliveries will not be recognized except on contracts where they are expressly quantified both as a percentage of the amounts of the job orders and in working days on the final date specified in the contract.
- 4. Delivery and transport
- The fixed delivery dates, however, except in cases of force majeure or fortuitous, are binding only if specifically approved in writing by "BetonWood Srl". No compensation for damages due to delay in delivery can be claimed by the purchaser if the latter does not prove that the delay is attributable to an error by "BetonWood Srl". For all goods destined to be delivered to the home, the order must show the exact address reachable with a street number at the asphalt road with the possibility of circulation for vehicles with a capacity of 24,000 kg and 15 meters in length. Deliveries will be made in places continuously monitored by the customer, any redelivery costs may be charged to customers with amounts equal to or equal to 50% of the cost of transport documented by the courier or transporter, otherwise they must be indicated in the order where it will be possible to make the delivery. In these days the buyer undertakes to ensure on site the presence of a person authorized to sign the Transport Document (D.D.T.). All vehicle unloading operations are the responsibility of the purchaser who will take care of it and expenses and under his responsibility. It will also take care of the customer to inform us if the place of delivery is accessible to vehicles, with a capacity of 25 tons. In the event that the seller makes available to the purchaser material, and / or specific equipment, the use of the aforementioned is understood to be done at the sole risk and peril of the purchaser. The buyer can not under any circumstances and for no reason charge the seller with any responsibility with regard to loading and unloading.
Vehicle unloading: the customer will make available suitable mechanical lifting means and adequate flow for the discharge of materials mechanically and in total safety, any accidents will be imputable to him including the damage to the goods being unloaded.
Maximum machine downtimes: the expectation in the discharge areas (truck drivers and trucks) will be 30 minutes maximum, excluding lunch breaks. Any charges for downtime exceeding us forwarded by the transport companies will be reimbursed in full without any exclusion.
Difficulty of access: limited traffic areas, unreachable areas etc. roads not drivable or with roadways not suitable for the circulation of lorries not notified in advance when ordering give rise to higher transport costs will be de facto reimbursed within the limit of 50% of delivery cost charged to us by the courier.
- WITHDRAWAL AT OUR DEPOSITS
- THE WITHDRAWAL OF THE MATERIAL MUST BE COMMUNICATED WITH MAIL AT LEAST 24 HOURS BEFORE THE RETREAT.
The availability of the goods does not authorize you to come at any time to withdraw it, as it must be approved.
The goods must be prepared with 24 hours notice.
We do not accept vehicles with platforms occupied by other material or with material present to move to load the goods.
We do not accept requests for reimbursement of expenses for non-withdrawals by vehicles sent by customers.
WITHDRAWAL FROM CAMPOGALLIANO
Customers are advised that if they intend to load the material directly from the ModenaTerminal depot in Campogalliano (MO), they could meet expectations even longer than 2 hours, as this is a deposit where they arrive from 50 to 60 trucks per day. There is the possibility of finding traffic. In addition, we want to warn that loading times will be extended even further from 12.00 to 14.00 for staff lunch break.
WITHDRAWAL FROM OUR OTHER DEPOTS
Customers are advised that to load the material directly from other deposits and / or BetonWood establishments, the technical times for the operation will require about 1 hour.
- 5. Transport
- In the event that "BetonWood S.r.l." carries out transport by carrier for third parties, it is expressly established that the unloading and all of the related operations will be at the expense of the purchaser. The vehicles must be unloaded within half after their arrival, every extra hour will be invoiced. The declarations of the haulier will attest.
- 6. Receipt of goods - Complaints
- If the sale is concluded ex-works, the goods travel at the risk of the purchaser, the latter will deal with any claims against the carrier for damage or loss caused by the transport itself. The buyer undertakes to receive the goods and to ensure that a manager is present at the time of discharge for the necessary checks and signatures of the transport documents. If the buyer refuses the acceptance of a delivery for reasons not attributable to the seller, "BetonWood Srl" is authorized to demand payment of the goods produced and may charge the customer any storage costs in the amount of 2% monthly calculated on the net amount of the goods. Any reservation concerning the quality and quantity of the goods must be noted on the transport documents or communicated in writing within 8 days of delivery.
- 7. Conformity of the Goods
- The company BetonWood srl reserves the right in case of unavailability of products marked with its own logo to deliver perfectly equivalent material, even with different logos and brands, especially in case of delivery of materials with foreign manufacture that can be received without a adequate personalization of the packaging.
The material must in any case correspond 100% to the technical characteristics of the sheets of BetonWood products sold.
Any discrepancy of the trademark and reserves, as well as any damage deriving from transport must be expressed in writing and affixed to the transport documents.
Except for the right of recession as per the Civil Code, which can always be exercised in the times of law, with the clause to return the intact material, in its original packaging, and logically not yet installed, the costs of transport and handling will be totally at buyer's load.
- 8. Legal regime
- "BetonWood S.r.l." does not undertake in any way to provide work services. No guarantee deductions can be applied to the amount of invoices issued by the Company.
- 9. Retention of Title
- The seller retains ownership of the goods sold until full payment of the price, while the buyer assumes all risks arising from the loss or deterioration of the goods and the damage that these could cause from the delivery. In the event of termination of the contract due to breach of the buyer, the paid installments remain acquired by the Company as compensation, with the exception of greater damage. The costs of returning goods are at the buyer's expense and include: management, transport, taxes, legal fees and insurance costs.
- 10. Warranty
- The warnings, plans, drawings and other information given by the seller regarding the installation of the sold materials have the sole purpose of providing technical information. In no case may the seller be held responsible for the commissioning of the sold materials that are the responsibility of the purchaser.
- 11. Jurisdiction
- For any controversy deriving from this contract, as well as from its interpretation and execution, the Court of Florence will be exclusively competent.