A. ORDERS
Proposals for the supply of goods (orders) received by the Company BERTI PAVIMENTI LEGNO S.N.C. DI BERTI GIANCARLO & C. (hereinafter called “Berti”) either directly or through its agents and representatives network are subject to the declared acceptance from BERTI.
B. DIMENSIONS
The material dimensions, even if specified in the order confirmation, have to be considered as approximate. The quantities indicated in our order confirmation have to be considered as approximate and will be rounded at the next full package. Berti reserves the right to make changes to the Products at any time and in any way that it may consider necessary or advisable.
C. SAMPLES / COMPLETIONS OF PREVIOUS SUPPLIES
Colours and tonalities of the samples are a general representation of a species. They are merely indicative and never binding, since wood is a natural material. Therefore differences in grain, colour and dimensions could be found in the different material batches and the same may occur by comparing the samples with the product supplied, since they belong to different material batches. For the same reasons above mentioned differences in colour and tonalities may arise also between different wood items to be matched together (for example: wooden floor – profiles – steps). They cannot be considered as defects and therefore any claim won’t be accepted. Also the request of integration of completions of a previous supply, some differences in color and tonalities may appear (even if there is a sample piece).
D. CERTIFICATIONS
Should the issue of any certification be necessary (for example: fire resistance Cfl-s1, etc.), after giving the specific use of the material ordered, it has to be requested in writing at the time of the order. Without your specific request at receipt of your order of such certifications, we will consider that the product is intended for a use not subject to fire prevention and/or other certifications.
E. DELIVERIES / COLLECTINGS
The delivery/collecting terms are intended to be approximate and not binding for BERTI. The Company BERTI will never be held liable in case of goods shipped after the agreed terms. The ordered material can be stored in our warehouse for a maximum period of 30 days from the date of the order confirmation. If within this term the goods are not collected, BERTI may supply to other customers the ordered goods. In this case BERTI has the right to give new delivery/collecting terms according to the next material availability in its warehouse.
F. FREIGHT
Freight costs and further expensens connected to the transport are at customer’s care and charge, the transportation is always at risk and responsibility of the customer, even if the goods are sold at a free destination. Therefore any and all damages or loss of the material will be always at charge of the consignee, who shall apply to the forwarding company for indemnification.
G. DAMAGES
The customer shall be responsible for any and all goods damages after the goods collected in BERTI warehouse, including improper storage or negligence. The Company BERTI does not undertake any liability for material damages arising out of or subsequent to the installation of the same, in consideration of the provisions of the following point “H – CLAIMS”.
H. CLAIMS
The acceptance test on the material shall be performed by the customer upon its arrival. Possible claims, therein included those relating to the moisture content, to the colour and to the tonality shall be made in writing by registered letter with receipt of delivery sent to the legal seat of BERTI within 8 days from the date of goods receiving and in any case absolutely before the beginning of the installation. The use of the material (included the installation of the same) by the buyer witnesses for his acknowledgement that the same is perfect, as well as to the waiver to raise claims of any nature. Should defects become visible during the installation, the buyer shall immediately stop it, notifying at the same time the Company BERTI or forfeit all his rights. In any case, claims or complaints do not entitle the customer to stop or delay payments. No claims will be accepted in case of colour differences and silica appearance, because they belong to the nature of the wood. The obligations of the Company Berti cannot go beyond those of the replacement of the material accepted as defective.
I. PRICES
Should the costs for raw material and workmanship increase before the delivery, therein included freights, shipment fees, custom duties, currency exchange rates, then the Company BERTI has the right to a price review in the measure corresponding to the amount and the incidence of the aforementioned increases. In case said increases shall be too onerous for the buyer, he has the right to withdraw from the contract, waiving any claim of damages refund or else against BERTI. All the list prices shall be intended without V.A.T. and EX WORKS. The freight costs indicated in this price list are valid only for deliveries in Italy. On the freight costs no discount is applied.
J. RETURNED GOODS
Except for the case of goods for which defects have been objectively ascertained, BERTI will not accept returned goods for any reason or title.
K. PAYMENTS
The payment terms will always start on the date indicated in the invoice.
Payments are thought to be valid only if done directly to BERTI according to the agreed terms.
The payment terms/dates agreed at the time of the order must be strictly fulfilled. Payments can never be suspended, delayed or even in part for any reason or complaint; the delay or lack of payments, for whatever reason, gives the Seller the right to suspend the running orders and shipments.
On the sums expired and not paid, overdue interests and related expenses will be applied as per Legislative Decree October 9, 2002 no. 231 and further amendments (Decree 192/2012).
L. PLACE OF EXECUTION AND APPLICABLE LAW
For any and all controversies arising from or in relation to the contract, the Court of Padova – Italy, shall have exclusive jurisdiction.