Sales Terms and Conditions
1. Orders
The order is always considered confirmed ‘subject to approval’ by our company and remains irrevocable until the deadline for shipment of the goods.
2. Shipping and Transportation
Our company reserves the right to send the merchandise via the carrier or freight forwarder designated by the customer or, alternatively, selected by ourselves, always with expenses borne by the consignee, without prior response.
3. Delivery Terms
Unless otherwise agreed, the supply of goods is understood to be ‘Ex Works’. However, regardless of the agreed-upon delivery terms, the risks associated with the supply are transferred to the Buyer upon handover to the initial carrier.
4. Deliveries
The selling company cannot be held responsible for any delays in deliveries resulting from force majeure or unforeseeable circumstances, strikes involving its personnel, customs, transportation, or third parties in general.
5. Quantity
The merchandise is always considered sold in square meters (sqm or m²).
6. Prices
In the event of an increase in production costs (labor and/or raw materials) or if the Euro depreciates against the US Dollar and/or the British Pound by more than 5% from the date of the order, the price will be adjusted accordingly.
7. Payment Terms
Payments must be made within the agreed terms and at our headquarters in Civitanova Marche (MC), or to individuals expressly authorized (in writing). In case of delayed payment, late interest at a rate of seven (7) percentage points above the ECB financing rate will be due. In the event of non-payment within the agreed term, the selling company is authorized to issue a sight draft for the invoice amount increased by interest and expenses. Furthermore, the seller reserves the right to increase the selling price by up to 2% for each month of payment delay due to any cause beyond the originally agreed-upon deadline.
8. Suspension of Execution
The selling company is always authorized, at its sole discretion, to suspend the execution of one or more sales contracts in the event of irregularities in payments by the Buyer, even in relation to other contracts and supplies.
9. General Guarantees for Defects and Claims
The selling company shall not be liable for any lack of quality in the merchandise that renders it unsuitable for its intended use unless such use has been explicitly agreed upon and communicated in advance. Any complaints regarding apparent defects must be notified to the selling company, without exception, by Registered Mail with Acknowledgment of Receipt within 8 days of the delivery of the merchandise, under penalty of forfeiture. Any claims regarding hidden defects, not identifiable through diligent inspection at the time of delivery, must be notified to the seller by Registered Mail with Acknowledgment of Receipt. Failure to do so within 8 days from the discovery of the defect will result in forfeiture of rights.
Special Guarantee for “Pentachlorophenol, Azo Dyes, Chromium VI, and Formaldehyde”: The selling company will provide this specific guarantee, with the commitment to replace defective products (exceeding legal percentage limits), provided that:
The buyer, in consultation with a representative of the seller (starting from the selection of the sample), has conducted appropriate laboratory analyses within 15 days of receiving the merchandise.
The buyer shall communicate, via registered mail with acknowledgment of receipt, the results of the analyses (if they indicate exceeding the limits), specifying the results and providing a copy of the relevant report, within 8 days of obtaining the findings. In the case of goods sold abroad, this deadline is extended to 15 days.
The complaint must be made before the hides are cut. In any event, any warranty claim for hidden and non-apparent defects may no longer be brought, under penalty of forfeiture, after twelve months from the delivery of the merchandise.
10. Limitation of Liability Clause
The selling company shall not be liable for indirect damages incurred by the buyer or third parties, nor for damages arising from force majeure, fortuitous event, or actions of third parties.
11. Applicable Law – Jurisdiction
Sales, for matters not covered by these General Terms and Conditions, shall be subject to Italian law. Any dispute shall be subject to the exclusive jurisdiction of the Court of Macerata (MC), Italy.