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General sale conditions
These general terms and conditions regulate all current and future contracts between
the parties, except for any further derogation agreed in writing.
The buyer’s general terms and conditions will not be applied in the future cooperation
between the parties, unless expressly accepted in writing by Mario Bongio S.r.l.
1. Contract Application
The buyer, placing the order, fully accepts automatically these general terms and
conditions. The seller reserves the right to accept or reject any order received.
Offers made by agents, representatives, or sales auxiliaries of the seller to the buyer are
not binding until confirmed directly by the seller itself.
2. Prices
Prices listed in Mario Bongio S.r.l. pricelist are in EURO currency and do not include
shipment costs, VAT or any other tax. The valid VAT rate at the time of invoicing will be
applied. The seller has the right to amend prices / the pricelist without prior notice.
3. Delivery of goods
Unless otherwise agreed in writing, the supply of the products has to be considered Ex
Factory (EXW) San Maurizio d’Opaglio uncleared at customs: transport and insurance
costs are therefore at buyer account and all risks linked to the transportation are
transferred to the buyer once products leave seller’s warehouse.
In case the seller would act as the buyer’s agent for transport, the transport and its costs
will be entirely at the buyer’s risk /responsibility.
4. Delivery Terms
The delivery time indicated in the order confirmations is not peremptory and it cannot
be justification for delays in payments or claims for damages.
Any liability of the seller has excluded from any damages due to early, delayed, or failed
deliveries, whether partial or complete. The buyer is always required to accept the
delivery of the products even in the case of partial deliveries or if the products would
have been delivered before or after the agreed date.
The delivery time will be extended accordingly at the occurrence of causes of force
majeure. In any case, due to the occurrence of such circumstances, the buyer may
demand any compensation or refund.
5. Warranty
The seller guarantees the compliance of the supplied products. The term “compliance”
means that the products correspond in quality, quantity and type to what has been
agreed in the contract and that they are without defects, which could prevent the use
they are projected and produced for. The warranty is limited only to products’ defects,
which derive from defects in projecting, manufacturing, in materials or workmanship
attributable to the seller. It does not be applied if the buyer has failed to properly store,
maintain, install, or has modified the products without the seller’s consent.
The seller is not liable for defects due to wear and tear of those parts which by their
nature are subject to rapid and continuous wear and tear.
For any further details relative to the general Warranty, please go through the general
Mario Bongio S.r.l. warranty book at www.bongio.com.
6. Claims
The buyer has to check the compliance of the products and the absence of defects/
flaws within 8 days from date of material’s receipt.
Claims relevant to non-conformities of the goods must be communicated, on pain of
forfeiture, within and not later than 8 days from the receipt of material at their place of
destination. Claims must be sent by written mail to the seller and must be well detailed.
In case of a claim, regularly effected as specified hereabove, the material should remain
at seller’s disposal for the necessary controls.
7. Resolution of the Claims
In case of faulty products and after receiving a detailed report form the 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 considered as implicit acknowledgment of the
claimed defects. After inspection, if no defects are found, the items replaced will be
invoiced.
b) Issue a credit note to the buyer of the same value of the defective products.
In both cases, the seller has the right to ask for the return of the faulty items, which will
then become its property.
8. Returned goods
Returns must always be authorized in writing by the seller. Authorized returns have to
be sent to the seller’s San Maurizio d’Opaglio warehouse carefully and well packed in the
original packaging.
Credit notes for returned goods will be issued only after inspection carried out by quality
and control departments. Damages to the products due to transport back and to bad/ or
not original packaging will be deducted from the credited amounts.
9. Payments
The Payments and any other amounts due to the seller are considered net at Seller’s
Accountancy. Payments must be settled within the established date also in case of late
delivery or partial/total loss of merchandise not attributable to the seller.
Any delay or irregularity in payment entitles the seller to suspend current and further
deliveries, to cancel both ongoing contracts, even if not directly related to the overdue
payments, and the right to balance of eventual damages.
The seller is also entitled – starting from the payment deadline – to debit late payment
interests as per Article 5 of Italian Legislative Decree 231/2002 and to revoke any
product warranties. The buyer has not the right to balance and/or deduct any payments,
even when they are in disputes.
10. Retention of Title
Delivered products remain seller’s property until the moment of the complete payment of the price.
11. Governing Law and Jurisdiction
All contracts ruled by these general conditions are submitted to Italian law.
For any controversy relative to, or related to the contractual products to which these
general conditions apply, Novara court has exclusive competence.
12. Catalogs (Printed, Digital, Website)
Product illustrations are representations and do not imply exact reproduction.
Color tones and finishes shown in photographs, catalogs, or samples are indicative only.
Color differences are not considered defects and do not alter the essential qualities of
the product.
The company reserves the right to make technical and aesthetic changes without any
notification and to take out of production either single items or entire collections.
13. Acceptance of conditions
The submission of an order by the buyer constitutes full acceptance of these terms and
conditions of sale.
14. Force Majeure
The seller is entitled to suspend or delay its obligations in case of force majeure,
including but not limited to: supplier delays, logistics disruptions, price fluctuations,
strikes, lockdowns, epidemics, pandemics, wars, riots, insurrections, government seizures,
fires, earthquakes, floods, or other catastrophic events.
If the force majeure event lasts more than 3 months, the seller has the right to terminate
the contract.
These sales terms and catalog cancel and replace any previous ones. The information
contained herein could be modified without notice.
