Conditions de vente
Information about products:
All the information written on catalogues, brochures and other advertising materials are only indicative for the customer and they aren’t binding for the seller. ORGANIZZAZIONE ORLANDELLI srl doesn’t undertake any responsibility for the suitability of certain products that get modified because required by the customer for a specific application. The responsibility won’t be undertaken, unless expressly agreed otherwise in writing.
The order implies acceptation of these terms of sale. Derogations will be accepted only if written. The orders passed to agents, assistants, and any intermediate will be taken into consideration only if there is an approval from Organizzazione Orlandelli S.r.l.
The seller considers binding only those confirmations that the customer returns signed in double copy.
The prices shown are meant VAT not included and “ex the supplier’s warehouse”, unless there is a different written agreement. The prices of the products are the ones indicated by the seller on the price-list in force, or by the offer. They can be changed in any moment and applied unbreakably starting from the date fixed by the seller.
If there is a rise in the price of raw materials, work cost, duties, cost of transport or of other costs related to the products, the seller reserves the faculty of raising prices totally or partially
Delivery shall be made “ex the supplier’s warehouse”, VAT and duties not included, unless agreed otherwise in writing. It is in this place that the products are verified and tested, except different written agreement. The time of delivery, expressed in working days, is indicative. These days are to be counted starting from the moment in which the confirmation of order is returned, regularly subscribed. If there is a delay in the delivery, the customer has no right to cancel the order or to claim it as damage.
The consignments are always executed at the risk of the customer, even if exceptionally they are done free of charge.
If the customer does not give precise written instructions, the consignment will be performed in the way the seller considers the most suitable.
Just the pure cost of the packaging of the material is charged, unless agreed otherwise in writing.
Variations of the manufacture
Organizzazione Orlandelli S.r.l. can modify everything in its manufactures, without being obliged to notify it to the customer. It is understood that the modification applied after the order cannot give right to cancellations or to claims for damage.
Unless expressly agreed otherwise in writing, the payment has to made before the consignment of the goods. On the amount of expired and unpaid invoices, and however on any type of deferred payment, 2% monthly interests will be calculated.
Eight days after the delivery, the customer loses his right of warranty, offered in case of vices of the goods. The customer cannot return goods, unless agreed otherwise in written by the seller, who assumes the right to decide the complaint validity.
Pact of limited ownership
If the products are not paid cash, the buyer has to accept the stipulation of the contract of sale, with reservation of property in favour of the seller. Consequently those goods will belong to Organizzazione Orlandelli S.r.l. until the payment of the last instalment. Yet even in this case the customer will assume all the risks at the moment of the delivery, without exception, even if depending from fortuitous events.
According to the Italian Legislative Decree dated 15/1/1992 N.50, the customer is authorised to withdraw through a registered letter with return receipt, to be sent to Organizzazione Orlandelli S.r.l. - Via Montegrappa, 7 - 46010 Canicossa di Marcaria (MN)- Italy, within seven days from the subscription of the order, indicating all the elements. Or through telegram, or fax, sent within the same date limit, and confirmed with a registered letter with return receipt, within the following forty-eight hours. When the date limit expires, the customer will lose the faculty of withdrawal, and the company can start the execution of the contract.
Place of jurisdiction
As for the controversies concerning the interpretation and the execution of this order and on the sale contract, the place of jurisdiction will be the court of justice of Mantova. While for the controversies concerning the application of the Italian Legislative Decree n. 50/1992, the place of jurisdiction will be the judicial authority of the customer's domicile. Pursuant to Articles 1341 of the Italian Civil Code, the content of the following Clauses in expressly approves on a specific basis: information about the products, order, prices, delivery, consignment, packaging, modification in the manufacture, payments, warranty, pact of limited ownership, withd rawal, place of jurisdiction milan court.