General Sales Policy

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1) All sales from Bellitalia to its customers, where a not specific agreement is signed, are totally regulated by this general sales policy. Every order and/or communication of prices, quantities/measures are intended to be under the terms of the clause “under the seller’s approval” and will be binding for Bellitalia only whether confirmed or performed. Partial or not completely filled orders will not be accepted.

 

2) The order confirmation coming from Bellitalia or in alternative the goods’ delivery executes the selling agreement. From this time on, nor the order cancellation or the return of the goods delivered, will be accepted. The agreement executes at Bellitalia’s registered office even when negotiations have been handled or concluded in a different place, while the delivery place is always where the manufacturing plant of Bellitalia is located.

 

3) Delivery. The Buyer commits itself to collect the goods within 60 days from Bellitalia’s communication of “order ready” and consequent stocking at its warehouse. After this time, the agreement will be considered executed and the goods delivered and Bellitalia will be empowered to charge the price arranged.

 

4) Bellitalia will own the goods until the complete payment of the price arranged.

 

5) Except for what stated at point 3, unless otherwise agreed, the prices shown in the price-list or in every specific quotation are ex works Bellitalia, net of Vat and every other tax. Weights and sizes are to be considered approximate.

 

6) Unless otherwise agreed, once the goods have been delivered under the terms of point 3 or collected on the first mean of transport, all risks are charged to the Buyer. The Client must give to Bellitalia with big advance all the information and documents needed for the transport and for the transit of customs and frontiers and every other document necessary for the delivery or agreed between the parties. The terms of delivery of the goods will be suspended until the delivery of the above-mentioned documentation, reserve the right for Bellitalia of compensation for all damage suffered.

 

7) When the Client collects the goods it binds itself to the payment of the pallets used for packaging or to their restitution at its own expense. In this case Bellitalia will issue a relative credit note, unless the packages turn out to be damaged.

 

8) In case of legitimate refuse of the Buyer at the moment of the delivery Bellitalia will replace or collect the goods, with no other claim by the Client.

 

9) The Buyer must provide for the movement and installation of the goods; the Seller refuses all responsibility for any damage, suffered by the Buyer or by third party, coming from an improper use or changes of the goods delivered.

 

10) Contestations. Any claim must be forwarded within 8 days from the goods’ delivery, and in any case, before the installation.

 

11) Obligation of payment. Any contestation will not give the Buyer the right of suspending or delaying the payment of the supplies issued by the Seller.

 

12) The delivery terms of the goods are always to be considered approximate. Bellitalia will not respond of failing execution, irregularities or delay resulting from interruptions or suspensions of transport, breaks, lacks or dearth of transport means and their accessories, shortage of electrical energy or raw materials, strikes, workers’ agitations, faults to equipments, and in general from any force majeure circumstances.

 

13) No payment will be releasing whether done to agents, intermediaries, conveyors, or to any third party without written approval by Bellitalia and it will be valid just for the specific payment.

 

14) For all legal purposes the parties will show as place where payments will be done the legal offices of Bellitalia. In case of payment through promissory notes, drafts or similar bonds and until the bond will be cashed they will be accepted as higher guarantee while the agreed obligation will be considered still in force.

 

15) The Seller will have the right to suspend immediately and without formalities all supplies, even those related to other and different orders, in front of any delay or irregularity of payments. This will imply the charge of overdue interests in order to Legislative decree n 231/02 (Italian Law). In case of payment by instalments, any failure payment of even just one rate will force the client to pay the whole price.

 

16) Applicable law. All controversies related to the signed agreement will be regulated by the Italian Law, with the exclusion in any case of the applicability of the Vienna convention pursuant to and by effect of art.6 L 11/12/1985 nr 765.

 

17) Jurisdiction. The judicial authority of Belluno will have the sole jurisdiction on all controversies related to the signed agreement, even in the case of compensation tried out by the Buyer and following to actions moved by third party towards it. Bellitalia reserves the right to renounce to the application of this clause and to sue before another qualified judicial authority on the basis of the Italian regulations. Either party state to specifically approve the clauses nr 3 Delivery, 10 Contestations, 11 Obligation of payment 16 Applicable Law 17 Jurisdiction

 

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