# B O N G I O C O L L E C T I O N S 2 0 1 8
1061
G E N E R A L
S A L E
C O N D I T I O N S
These general sale conditions of sale regulate all current and future
contracts between the parties, except for any further derogation agreed i
n
writing. Any general conditions of the buyer will not be applied in the futur
e
cooperation between the parties, unless expressly accepted in writin
g
by Mario Bongio S.r.l
.
1. Application of the Contrac
t
The buyer, placing the order, fully accepts automatically the application
of these general terms. The Seller reserves the right to accept or refuse th
e
order of the buyer. Offers made by agents, representatives or auxiliaries of
the seller to the buyer, are not binding until they are confirmed directl
y
by the seller itself
.
2. Prices
The prices indicated in the Mario Bongio S.r.l price lists are in Euro currency
and they do not include shipment costs, VAT or any other tax. The Selle
r
has the right to amend the prices/price list without any prior notice
.
3. Delivery of the good
s
Unless otherwise agreed in writing, the supply of the products has to be
considered ex-factory (ex-works) San Maurizio d’Opaglio uncleared a
t
customs: transport and insurance costs are therefore at buyer account an
d
all the risks relative to the transportation and/or handling of the products
are responsibility of the buyer in the moment the products leave th
e
warehouse of the seller. In the case the seller will act as the buyer’s agent
,
transport, insurance costs and all the risks will be again at buyer account
.
4. Delivery time of the good
s
The delivery time indicated on the order confirmation is not peremptor
y
and it cannot be justification for delays in payments or claims for damages
.
Any liability of the seller has excluded from any damages coming fro
m
anticipated, delayed or non-delivery, total or partial of the goods
.
The buyer is always required to accept the delivery of the products, eve
n
in the case of partial deliveries and when the products have bee
n
delivered before the established delivery date or successively to that
date. The delivery time will be extended accordingly at the occurrence
of causes of force majeure. In any case, due to the occurrence of suc
h
circumstances, the buyer may demand any compensation or refund
.
5. Guarante
e
The seller guarantees the compliance of the products supplied; the ter
m
‘compliance of the products’ means the products correspond in quality,
quantity and type, to what has been agreed in the contract and that the
y
are without defects, that could prevent use for which they are intended t
o
be. The guarantee against defects has limited only to production defect
s
that can be attributed to the seller and it does not apply in the case where
the buyer is unable to prove a correct preservation of the product and
where he has modified and/or handled them without the agreement of th
e
seller. The seller is not liable for defects due to the wear and tear of thos
e
parts which by their nature are subject to a rapid and continuous wear and
tear. For any further details relative to the Warranty, pleases go through th
e
general Mario Bongio S.r.l warranty book
.
6. Claim
s
The purchaser has to control the compliance of the products and the
absence of flaws within eight days from receipt of the material
.
Claims relevant to non-conformities of the goods must be communicated
,
on pain of forfeiture, within and not later than eight days from receipt of th
e
material at their place of destination. Claims must be sent by written email
to the seller and must be well detailed
.
In case of a claim, regularly effected as specified above, the material shoul
d
be taken at disposal of the seller for the necessary controls
.
7. Resolution of the Claim
s
In case of faulty products and after receiving a detailed report form th
e
buyer, the seller may, at his discretion
:
a) supply the products ex-factory to the buyer – same type and quantity of
the defective ones – only after receiving and checking the defective ones
.
Any replacement carried out promptly by the seller, cannot be considere
d
as implicit recognition of the claimed defects
.
After inspection, if the goods result not defective, the seller will invoice th
e
ones sent in replacement;
b) issue a credit-note to the buyer of the same value of the detective
products
.
In both cases the buyer will return the faulty products to the seller
.
8. Returned good
s
The buyer should receive a written authorization of the seller before
sending back the goods.
The authorized goods will be delivered free our warehouse in Sa
n
Maurizio d’Opaglio. The credit note for the returned goods will be settle
d
only after reception and inspection of the goods, done by our qualit
y
control department. Damages caused to the products or bad and/or no
t
original packaging will be deducted from the credit note
.
9. Payments
The payments and every other sum due to the seller, are understood a
s
net at the registered office of the seller. Payments must be settled withi
n
the established date, also in case of late delivery or loss of total / partia
l
merchandise is not attributable to the seller. Any delay or irregularity in th
e
payment gives the seller the right to suspend the supply or to cancel th
e
existing contract, even if they are not relevant to the payments in question,
as well as the right to balance of eventual damages. The seller has also th
e
right – starting from the payment deadline – to debit the interests for delay
as per art. 5 of Italian Legislative Decree no. 231 of 09/10/2002. The delay
s
of payments, likewise, give the seller the right to exclude the guarantee.
The customer has no right to balance and/or to deduct any payments, eve
n
when they are in dispute
.
10. Retention of Titl
e
The delivered products remain seller’s property until the moment of th
e
complete payment of the price
.
11. Applicable Low and Competent Law-Cour
t
All Contracts ruled by these general conditions are submitted to Italian Law.
For any controversy relative to, or connected to the contractual product
s
to which these general conditions apply, Novara court has exclusiv
e
competence
.
12. Minimum order valu
e
NATIONAL MARKET ITALY
For order value lower than € 250,00, Mario Bongio S.r.l will debit an extr
a
cost of € 20,00 for administrative expense
s
The minimum order value required for free destination delivery is € 600,00.
UE MARKE
T
For order value lower than € 250,00, Mario Bongio S.r.l will debit an extr
a
cost of € 20,00 for administrative expenses. The minimum order valu
e
required for free destination delivery is € 800,00
.
EXTRA-UE MARKE
T
For order value lower than € 250,00 Mario Bongio S.r.l will debit an extra
cost of € 40,00 for administrative expenses
.
Certificates of Origin or other extra documents will be debited separatel
y
and based on each single request of the buyer. The minimum order value
required for free destination delivery is € 1.500,00
.
13. Paper or elettronic catalogue
s
The images of the products, they represent each article but must not b
e
considered as perfect reproductions of the real piece.
Especially for as concern the colours and/or the finishes represented i
n
the catalogues, price lists, pictures, web site, social media, samples or an
y
other marketing object, they should be considered purely indicative an
d
they cannot be denounced as a flaw, as they do not modify the essential
qualities of the product itself. Mario Bongio S.r.l reserve the right to mak
e
changes, either aesthetic or techniques, without warning anyone, as well a
s
proceeding with elimination of individual articles or complete series fro
m
the production
.
14. Acceptance of condition
s
The execution of the contract with the acceptance of the goods by the
buyer, it will be considered as implicit acceptance of these conditions
.
This catalogue deletes and replaces the previous editions
.
The details therein contained may change without any prior notice.
