GENERAL CONDITIONS OF SUPPLY
CUBE DESIGN S.R.L. BASED IN CARUGO (CO)- ITALY
Article 1 (Orders)
The orders represent irrevocable proposals for purchase, to be held for the duration of 60 days. No order is binding for CUBE DESIGN S.R.L. if it has not expressly accepted it in writing. The shipment of the goods in accordance with the order is equivalent to written acceptance.
The fact that more than one continuous order has been carried out does not constitute implicit acceptance of other subsequent orders and does not give rise to subsequent deliveries.
We do not accept conditions of purchase contrary to our general conditions of supply and payment.
Article 2 (Deliveries)
The delivery terms indicate the date of return to the carrier and are in any case not binding for the seller, so any claim for delay in delivery and any related claim for damages is excluded. Events of force majeure (lack of energy, prohibitive weather conditions, strikes, lockouts, etc.) authorize us to cancel or interrupt supplies. The reduction of the order by the seller and the consequences of inefficiency or force majeure do not entitle the buyer to withdraw from the contract.
Article 3 (Shipment)
The goods shall travel on behalf of and at the risk of the customer even in the case of delivery free to destination. The seller shall not be liable for damage, breakage or loss during transport, nor shall the seller be liable for the duration of the transport itself: any relevant claim shall be forwarded to the carrier. Any packaging shall be invoiced at cost, excluding any return. Once the loading time limit has been established, this must be respected, since, after this time limit, the seller is free to consider the buyer as defaulting and to sell the goods to third parties, the seller is not liable for damages and expenses related to means of transport that arrive later than the agreed loading time. In the event of refusal by the buyer or impossibility by the buyer to receive the material ordered or shipped, the seller reserves the right to request fulfilment or termination of the contract in addition to compensation for consequential damages.
Article 4 (Reservation of title)
The goods remain the property of the seller until their full, exact and punctual payment. This also in case of processing, mixing or storage with third parties. Sales to third parties by the buyer must also take place under the above-mentioned conditions of retention of title. Claims of the buyer against third parties arising from the sale of the goods to them shall automatically and simultaneously be assigned to the seller as security for full payment of the goods. The purchaser is forbidden to assign ownership of the goods sold for any reason and for any reason whatsoever as security for any obligation contracted by the purchaser. The buyer undertakes to inform the seller immediately in the event that third parties have rights to the goods sold.
Article 5 (Complaints)
The goods must be checked immediately upon arrival. Any complaints must be made in writing within eight days of receipt of the individual batches of goods before any handling of the material. Any complaints shall not entitle the purchaser to reject the delivery, even in part, or to unilaterally reduce the price or change the terms of payment. Complaints shall be jointly verified and, if they prove to be justified, we shall provide a rebate equal to the lower value of the goods at our premises as a result of the defects found. The seller shall be liable for any documented damage up to the maximum amount of the net value of the goods supplied at the time of departure. Complaints received after eight days after receipt of the goods or after resale, processing or installation of the material cannot be taken into account. In no case, except by special agreement, will the return or replacement of goods be accepted, especially if the goods are ordered to measure or by sample.
Article 6 (Samples)
Marble, porphyry and granite are natural products and therefore are not uniform and continuous materials. While we will do our best to provide materials that comply with any samples, it is understood that the latter are not binding for us and only have the function of indicating the products in general.
Article 7 (Prices)
The prices charged by us are without VAT and for goods ex works. Invoicing prices are those of the price list in force on the day of invoicing.
Article 8 (Payments)
Payment must be made in advance and without discount, unless otherwise agreed in writing when the order is accepted.
In the case of payment by cheque-certificate, you are responsible for