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Condizioni generali di vendita

1. Validity of the General Sales Conditions
1.1 All sales and supplies of products (the “Products”) by Cartiere Saci S.p.A. (the “Seller”) are understood to be undertaken on the basis of the present General Sales Conditions (the “Conditions”) and every order transmitted implies their complete and unconditional acceptance by the buyer (the “Buyer”).
1.2 Exceptions to the General Sales Conditions are only valid if expressly approved in writing by the Seller. Unless otherwise agreed in writing the present Conditions always prevail over the eventual Buyer’s general terms of purchase, irrespective of the point in time they have been sent and/or the reception of the same by the Seller.
2. Orders and Order Confirmations
2.1 The orders sent to the Seller may not be revoked for a period of 60 days.
2.2 The Seller, upon receipt of the order undertakes to send the order confirmation containing all contractual agreements, requesting the return of a signed copy of the same by the Buyer in sign of acceptance. The order confirmation is understood to be a contract proposal and the contract will be entered into alternatively i) in the moment that the Seller receives a copy of the order confirmation signed by the Buyer or ii) in case the Buyer fails to send a signed order confirmation, in the moment when the Seller begins processing the order.
2.3 Should the order be revoked, or varied or cancelled even partially by the Buyer, within the 60 day period indicated above, the Buyer will be required to pay liquidated damages equal to 20% of the total value of the goods of the order in question, without prejudice of the right of the Seller to seek the reimbursement of any additional damage. It is understood that the Seller remains at liberty to accept or refuse any orders and in the case of non-acceptance of one or more orders the ordering party cannot for any reason request the reimbursement of any damages.
3. Content of Supply
3.1 The supply includes only such Products and services as specified in the order confirmation. Any additional item of whatever nature will be subject to specific written agreement and will be charged separately.
4. Prices
4.1 Except in special circumstances to be confirmed in writing, the sales prices are understood to be ex-works Seller’s warehouse (“Ex Works” – Incoterms 2010), do not include packaging and are net of taxes and duties.
4.2 Except in the case of a different written agreement, payment will be effected by means of bank transfer at 30 days from invoice receipt, even in electronic format, by the Buyer.
4.3 In the case that payment is foreseen before or at the moment of delivery of the Products, payment may solely and exclusively be effected to the Seller or to persons/entities expressly delegated in writing by the Seller.
5. Delivery and Transport
5.1 The delivery terms are intended to be indicative with regard to the Seller and are never of the essence.
5.2 The Seller shall use its best endeavours to inform the Buyer in case of any delay in the performance of its obligations. The Buyer understands that any delay in the delivery of the Products with respect to the date indicated, even in an approximate manner, can never give rise to reimbursable damages.
5.3 In any case delivery is subject to the timely settlement of agreed payments that are due.
6. Retention of Title
6.1 Until payment of the price is made in full the Products remain the property of the Seller, which can at any time request their return.
6.2 In the case of outstanding payments even of a partial nature at the agreed deadlines, on the sole basis that an outstanding payment exists, and hence without the necessity of a formal notice:
a. interest on arrears will accrue in favour of the Seller, from the date foreseen for payment and until the effective full payment of the same, according to the interest rate set out in art.2, point 6) of the 2011/7 UE Directive dated 16.2.2011 regarding the “Fight against delayed payments in commercial transactions”, or the interest rate fixed in transposition and implementation legislation applicable in the future.
b. The Seller may forthwith suspend every other supply even if regarding other contracts;
c. The payment terms shall be no longer valid and the Seller shall have the right to request immediate payment of it’s entire credit towards the Buyer regarding all goods sold but not yet paid.
7. Warranty and Claims
7.1 The Buyer acknowledges that the Products are made of recycled paper and may have variations in colour. Such a variation is not deemed a defect of the Products whereupon the Seller is not liable for variations between the colour of previous similar products sold or colour samples – which are merely indicative- and the actual appearance of the Products.
7.2 The Seller warrants the quality of the Products, the respect of the tolerance indicated in the Order and that they are free from defect. The warranty is understood to be limited to the correspondence between the Products and the characteristics set out in the order confirmation. The Products can be subject to breakage or damage, therefore the Buyer is obliged to handle and storage the Products in accordance with the instructions and recommendations furnished by the Seller.
7.3 The Buyer is required to verify the correspondence of the Products delivered with those ordered and also to verify that the same are in accordance with the agreed characteristics, and undertakes to formalize in writing the existence of any defects by facsimile, attaching a copy of the delivery note of the Products signed by the forwarder, within and no later than 8 days, the right to which will otherwise be forfeited, from receipt of the Products.
7.4 The Seller does not guarantee any particular fitness for purpose of the Products. The use of the Products by the Buyer is exercised under the exclusive responsibility of the same, exempting the Seller from any responsibility regarding the method of processing and transformation of the Products.
7.5 In any case the responsibility of the Seller regarding the existence of defects or a lack of quality is limited to the obligation to substitute in a reasonable timeframe the Products that are effectively defective or lack the contractually prescribed qualities or alternatively at the sole discretion of the Seller to refund the price. Reimbursements for loss of profit or any other type of damages are expressly excluded, including those connected to damages deriving from the successive transformation or fabrication of the Products by the Buyer, including damages incurred by employees or third parties or damages to transformed articles or other goods.
7.6 At the same time that the claim is formalised the defective material must immediately be rendered available for verification and a clear indication of where it may be inspected is to be furnished.
7.7 The warranty is provided on condition that the Product is utilised in accordance with the instructions and technical information provided by the Seller and will have a duration of 12 months starting from the date of the delivery of the Product.
8. Returns
8.1 The Seller will not accept, for whatever reason or title the return of Products.
8.2 The only returns that can be accepted are those regarding defective Products, as long as the claim was received in a timely fashion and in accordance with the requirements indicated in article 7.
9. Applicable Law and Jurisdiction
9.1 Sales and supply of services contracts will be regulated by Italian Law. The Court of Verona is the sole court of competent jurisdiction regarding any dispute that might arise between the Parties regarding the conclusion of the contract, it’s interpretation, execution or resolution with the express exclusion of every other potentially competent jurisdiction. Only the Seller will have the right to take action against the Buyer in the jurisdiction in which they are incorporated or are resident.

CARTIERE SACI S.p.a.

Via della Ferriera, 17
37135 Verona
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Telefono +39.045.85.50.077 - +39.045.85.50.017
Fax +39.045.85.50.024
Email vendite@cartieresaci.com

P.I.: 00213070238 - R.I. VR 00213070238
REA: VR1706 - Cap. Soc. € 2.080.000 i.v.

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