1 – GENERAL REGULATIONS
These general regulations apply to all sales of products made by the company De Mitri, Be it a direct sale or a transaction through intermediaries; any changes or modifications must be agreed by the parties and legalized in writing. (We would refer to De Mitri as “the company”)
2 – SUPPLY of MATERIAL
Prices are referred to in Euros and transport is not included. Measure refers in (ml = meter linear-pz. = part-mq. = M2 ecc.). Any order transmitted by the buyer or an intermediary is subject to revision by the company who keeps the approval rights; if the order is not approved the buyer shall be communicated within eight days of the receipt of the order.
3 – PROVISION/TRANSFER and RISK of the MATERIAL
Delivery times are fixed and are applied to each order from the date the merchandise is received; the decision to refuse an order may not give rise to any claim. The minimum amount for deliveries is based on the type of product agreed directly by the company. The transportation is always made at the purchaser’s risk even if the sale is addressed directly to the recipient (door to door). Therefore the company assumes no responsibility for damage or losses that they may occur during the transport of the goods. The company does not accept any claims unless indicated in the transport document; or if it has been eight days after the date of delivery of the goods. Any objection or complaint does not authorize the client to suspend or refuse payment of the goods.
4 – PROPERTY RIGHTS
Merchandise delivered to the client is property of the company until full payment of the goods is received. The buyer agrees to take all the necessary measures to protect the property rights of the company. The right of ownership does not compromise in any way the transfer and risk of the goods as described in section 3.
5 – REFUNDS
Refunds are not accepted without previous written consent by the company. Any authorization to the refund does not imply recognition of any lack of conformity of the goods and does not necessarily imply an accreditation, be it total or partial, of the corresponding value. If the withdrawal of goods does not imply any defects, all the re freight, shipping charges incurred by the company during the withdrawal will be entirely at the buyer’s expense.
6 – CAUSES OF FORCE MORE
Verifying any unforeseen event of force majeure, or State of war or rebellion, strikes, lockouts, acts of terrorism, suspension of activity, the lack or the increase in raw material, the delay or lack of the means of transport, relevant for the development of the countries where are currency exchange variation located facilities of our suppliers or any other impediment which excludes its liability, De Mitri company is not responsible for any breach of contract and may by law suspend or remove, in whole or in part on what was agreed. For reasons already nominated the annulment or total or partial suspension does not relieve buyer’s obligation to pay for the already sorted material.
7 – PAYMENT
Terms of payment are valid and based on the conditions specified on the invoice, regardless of the typology of the payment, until the full amount specified in the invoice is entirely and irrevocably reimbursed to the company. Any delays in payment imply the buyer’s obligation to reimburse the company any interest accrued under the terms provided by law from the expiration date specified on the invoice. In case payment with bill of exchange, all charges will be payable by the buyer, and in case of default of payment, the debtor is forced to reimburse to the company, all costs and cumulative expenditure.
8 – TAX
All taxes are payable by the buyer, VAT, etc and all other tax requirements.
9 – DISPUTE RESOLUTION
The parties will resolve any claim or dispute arising out of or relating to this Agreement through binding arbitration conducted under the rules of the judicial authority of Bergamo, so renouncing any other jurisdiction. The law of Bergamo will be the governing law. Each party will be responsible for attorneys’ fees and interest associated with the other party’s efforts to collect monies owed under this Agreement.
10 – INDIVIDUAL CONDITIONS
Sale conditions written previously are valid, unless otherwise agreed and always in writing.
11 – EXCLUSIVITY
Them images of products and text are the sole property of the company and it is strictly prohibited any type of reproduction of the present catalogue.