GENERAL SALES CONDITIONS
1. General conditions
The offers, orders and deliveries are governed by the Boschetto Srl (hereinafter referred to as the “Seller”) General Sales Conditions, and the Buyer is bound to them, even if an explicit declaration is not made on a case by case basis.
The order proposals must be sent to the Seller’s headquarters directly by the Buyer. The transmission of an order proposal implies full acceptance by the Buyer of the General Sales Conditions. Orders cannot be canceled. In the case of supplies deferred over time, the prices applied will be those in force on the date of delivery / execution of the work. Any transmission or additional order implies, without the need for any further formalities whatsoever, the complete adherence to the general sales conditions herein.
3. Terms of delivery
The delivery terms are indicative and are not peremptory, so any delays associated with the supply of raw materials or sudden suspension of the production cycle, strikes, both for staff and supplier companies, fortuitous events or force majeure (such as riots, malicious acts, theft, robbery, extortion, natural disasters, acts of war and revolution, etc.), impossibility to transport for any reason, unpredictable technical accidents that can interrupt production, insufficient technical data, inaccuracies and delays by the Buyer in transmitting information or data necessary for the fulfillment of the order, do not entitle the Buyer to act for the termination of the contract and/or for compensation for damages and/or for the payment of any penalty by the Seller.
4. Transport – risks – damages
The goods always travel at the Buyer’s risk and danger, even if sold CPT destination (Carriage Paid to…), and therefore Boschetto Srl declines all responsibility for transport, provided that Boschetto Srl delivers to the courier perfectly intact and perfectly packaged goods: where this is not the case courier would not even accept the shipment. The Seller assumes no responsibility for damage, shortages or delays that may occur during transport which are not attributable to the Seller, such as, for example, incorrect carrier maneuvers, overturning, transhipments, etc. charged to the Buyer. If the destination of the goods was in the limited traffic zone (ZTL), the Buyer must take care of all the necessary authorizations. Upon delivery of the goods by the courier, the Buyer, or whoever replaces it upon receipt of the goods, must carefully check: 1) that the number of packages delivered corresponds to what is indicated in the transport document; 2) that the packaging is intact, not damaged, nor wet, or altered in any way; 3) that the closing materials of the packages (adhesive tape, plasticized straps, or other) have not been tampered with in any way. If the Buyer finds any of these anomalies, he must clearly indicate them on the courier’s transport document (or delivery note, paper or electronic) by placing a specific reserve. For example if it indicates: “I reserve to check”, this is a generic reserve, while if it indicates: “damaged package, tampered package, dented package, scratched package, missing package, presence of courier adhesive tape, etc.” , this is a specific reservation. If no reservation is made on the courier’s document (paper or electronic), the goods will be accepted in perfect condition and it will therefore not be possible to oppose any dispute. Claims for defects found must only be made in writing within 8 days of receipt of the goods. The reporting of defects must be accompanied by all the elements inherent the delivery, the production and quality of the product deemed non-compliant and must be expressed before the goods are used or put into operation. The complaint must take into account the tolerances of the handmade production of plaster products and of the specific notes, if any, expressed in the order confirmation. We also recommend producing adequate photographic documentation of the anomalies or defects found, placing a dimensional parameter (such as a coin or a graduated scale) to better define the extent of the minor anomalies. All the resulting damaged material provided with appropriate photographic documentation as described above will be sent back to the buyer at our expense, in the shortest possible time, compatibly with the availability of the goods and the courier’s delivery time.
5. Failure to collect the goods
Upon receipt of the notice of goods ready for shipment, the Buyer will have to collect the ordered materials or, in case of delivery to destination, must request their shipment. Failing this, the materials may be stored at our factory with a charge for handling and storage costs. After 15 days from the date of notification of ready goods, the Seller will be entitled to invoicing, with the contractual payment deadlines.
6. Information relating to the exercise of the right of withdrawal
See the following link
The materials are supplied unpacked. Any packaging must be requested when placing the order and will be charged on the invoice.
8. Terms of payment
Payments must be made within the terms and in the manner established in the order confirmation, at the Seller’s domicile. The delay in the payment of the invoices with respect to the agreed deadline gives the Seller the right to suspend the supply and, if he believes it, to consider all the stipulated contracts terminated. The expected payment terms cannot be suspended or delayed in the event of any complaints from the Buyer. Any reasons must be asserted after the payment of the price. In the case of payment by Ri.Ba. (bank receipt), for all deliveries made within the first 10 days of the month, the first deadline will be at the end of the same month. In case of payment divided into several installments, the total amount of VAT will be charged in the first due date. In the case of late payments, the Buyer must pay interest on arrears at the rate determined pursuant to Legislative Decree 09/10/2002 n.231, starting from the expiry date of the agreed term. In the case payment by installments or deferred, the failure to pay a single installment, or the insolvency of a single due date, will result in the forfeiture of the term benefit, pursuant to art.1186 of the Civil Code, and with the right by the Seller to demand the entire credit.
9. Retention of title
It is expressly agreed that in the case of installment sales or with deferred payments, the Buyer will acquire ownership of the goods only and exclusively with the payment of the last installment of the price; moreover with assumption of risk by the buyer from the moment of delivery. The sale is in fact made with retention of title pursuant to art. 1523 of the Civil Code. In no case, assets not yet fully paid for can be considered properties by destination and the Seller has the right to claim the materials not fully paid even from third parties that have acquired or that have become owners of “property rights” on these materials or on the property where they have been installed.
10. Regulatory law and disputes
This contract will be governed by Italian law. Any and all disputes that may arise on the interpretation, execution and / or termination of this contract will be exclusive competence of the Court of Padua with the exclusion of any other.
It should be noted that gypsum is a porous material and therefore the presence of surface porosity of the raw material will be possible.
The technical and commercial information as well as the drawings, samples, models, photographs, data, descriptions of the materials, the technical specifications (hereinafter Information) of which the Customer, at the time of the conclusion of the contract or subsequently, comes in possession or knowledge due to the relationship with the Seller, must remain confidential. The Customer undertakes to maintain secrecy and not to disclose to third parties any of the information provided by the Seller and/or which has come to his knowledge due to the relationship with the latter. Each of our single cost estimates is to be considered exclusively reserved to the Client of the works, therefore disclosure is absolutely prohibited without our written authorization.