1. Object: these General Conditions of Sale apply to all sales contracts
between Rubinetterie F.lli Frattini S.p.A., also de
fined as Seller, and its
customers, as Buyers or Purchasers, unless otherwise agreed in writing
between the parties. Therefore, conditions of sale derogating these
provisions will only be adequate if a written agreement is signed between
the parties. Rubinetterie F.lli Frattini S.p.A. cannot consider itself bound
by obligations, commitments, or statements made by its employees or
agents.
2. Order: following these General Conditions of Sale, the contract of sale
will be considered concluded and, as such, effective and binding between
the parties when Rubinetterie F.lli Frattini S.p.A., receiving the customer’s
order, will con
firm it to the latter by sending the Confirmation of Sale. If
the order has been confirmed, the Seller becomes aware of protests,
seizures, and attachments. In general, prejudicial acts against the Buyer,
or if it becomes known that the Buyer is in
financial difficulty, the Seller
may, at its option, suspend the contract and demand special guarantees
or terminate the contract for non-performance by the Buyer, according to
Art. 1456 of the Italian Civil Code, through notice to be sent by registered
letter with return receipt or certi
fied e-mail. All direct and indirect offers by
the Seller are understood to be without obligation and subject to sale.
3. Prices: the unit sales prices identi
fiable in the price list are exclusive of
VAT and are expressed in euros. Prices are intended for goods delivered
ex-works departure from the Rubinetterie F.lli Frattini S.p.A. plant in San
Maurizio d’Opaglio. Prices quoted are subject to change and cannot be
considered binding for subsequent orders. Goods are sold at a price in
effect on the date the order con
firmation is sent.
If the Buyer decides not to receive the products on the agreed date of
preparation and delivery, or the preparation or actual delivery has not
been possible due to causes beyond the Seller’s control, the prices, if
not already provided for in the order, will be subject to the changes in the
price list of Rubinetterie F.lli Frattini S.p.A. and, in any case, to the material
and labor variations that have occurred from the time the products are
prepared until their collection by the Buyer. The Buyer shall bear fees,
taxes, and expenses related to the issuance of bank bills or the possible
regularization of the contract.
5. Delivery: delivery terms are considered indicative and not essential.
Failure on the part of Rubinetterie F.lli Frattini S.p.A. to comply with the
delivery terms indicated shall not entitle the Buyer to cancel the order,
defer payments or claim compensation, make offsets, claim penalties, or
damages of any kind. Rubinetterie F.lli Frattini S.p.A. shall, in any case,
be released from any liability in cases where the failure to comply with
the delivery terms is a consequence of circumstances of force majeure
(by way of example, shortages of raw materials, machinery breakdowns,
strikes, lockouts, interruptions or delays in transport), failure by the Buyer
to comply with the payment terms, requests by the Buyer for changes in
the order or variations in the types and quantities of products, extensions
or shifting concerning the delivery terms agreed in writing.
5. Mode of delivery: the goods travel at the risk and peril of the Buyer,
even if the shipment is made carriage paid, Rubinetterie F.lli Frattini S.p.A.
declines all responsibility for delays, breakdowns, damages, or dents
caused directly or indirectly by the carrier. The shipment will be carried out
in the manner deemed most appropriate without this giving rise to any
claims whatsoever.
Packaging is invoiced at cost and is understood to be without return;
it is carried out by specialized personnel with customary systems,
according to the quality of the goods, without assuming responsibility
for any improper use of the packaging. Strictly speaking, no credit
transfers, replacements, and credits for dents, breakages, or others will
be recognized or granted, as each shipment must be understood to be
executed by order and on behalf of the Buyer. Any request or dispute by
the recipient regarding the above and in the case of delays or mishaps
must be addressed directly to the responsible carriers. Veri
fication of the
goods must be made by the Buyer upon delivery, and any claim in this
regard will only be considered if made by registered letter and certified
e-mail within eight days from the date of receipt of the goods.
6. Payment terms and conditions: the terms and conditions of payment
are agreed upon in advance in the Buyer’s order and stated in the invoice
and are to be understood as binding. Any change, which has not been
previously and expressly agreed upon in writing, will not be accepted.
Only invoice payments made at the Seller’s domicile in San Maurizio
d’Opaglio shall be discharged unless special agreements for term
payments have been made. However, All other payments caused are
entirely at Buyer’s risk, peril, and expense.
In the event of delay in payment, the Buyer shall be required to pay
Rubinetterie F.lli Frattini S.p.A. interest on arrears equal to the interest rate
of the European Central Bank, with surcharge, under Art. 5 of Legislative
Decree no. 231/2002. Acceptance of bills or checks payable at other
places is an exclusive facility granted to the Buyer. It does not constitute
a waiver of the preceding, namely that payments are only valid and
liberating if made at the Seller’s domicile. Rubinetterie F.lli Frattini S.p.A.
reserves the right to suspend deliveries or cancel any accepted orders
if payments are not made within the agreed terms without prejudice to
further action to protect its interests. Any disputes shall not give any right
to defer or suspend payments. Goods delivered to the Buyer remain the
property of Rubinetterie F.lli Frattini SPA until the agreed amounts have
been paid in full.
7. Catalogs and Illustrations: the illustrations shown in the catalogs,
leaflets, advertisements, illustrative material in general, and on the
website of Rubinetterie F.lli Frattini S.p.A. have the purpose of presenting
and describing the individual items and do not constitute an obligation
of faithful execution. Therefore, Rubinetterie F.lli Frattini S.p.A. must
be exonerated from all responsibility or duty. Rubinetterie F.lli Frattini
S.p.A. reserves the unilateral right and without obligation of prior notice
to make, at its discretion, changes to products and technical data
to optimize production, without any obligation to modify or replace
products previously supplied or being ordered, as well as to commercial
information. Images shown, details, and measurements only indicate the
product and are not binding.
8. Material: all products are subjected by Rubinetterie F.lli Frattini S.p.A.
to veri
fication and check before being put on sale. In the case of errors or
manufacturing defects reported by registered letter and/or certi
fied e-mail
within eight days from the date of delivery and recognized by Rubinetterie
F.lli Frattini S.p.A. as such, the latter undertakes to replace free of charge
the goods found to be defective, in the shortest possible time, free of
charge, to the Buyer’s premises in San Maurizio d’Opaglio. Rubinetterie
F.lli Frattini S.p.A. reserves the right to accept the return only if the
replacement is authorized in advance.
9. Warranty: all Rubinetterie F.lli Frattini S.p.A. products are rigorously
tried, tested, and proven before being placed on sale and are guaranteed
to conform to their speci
fications for five years from the date of first
purchase. Catalog products in
finishes other than chrome are guaranteed
for two years.
Warranty for defects in material or quality/manufacturing attributable
to production includes the following defects: casting, porosity, chrome
plating, or functionality.
Included in the warranty is the repair or replacement of the part found to
be defective after an inspection by technicians authorized by Rubinetterie
F.lli Frattini S.p.A. and upon presentation of the inspection coupon and
suitable
fiscal documentation (invoice or purchase receipt) proving the
date of purchase.
Please also note that the guarantee follows the European Regulations.
The warranty is void if:
a. the product has been used outside of the operating conditions
speci
fied by the Seller, such as the exclusive use of the faucet as a
device to intercept and regulate the
flow of water installed at the end of
household plumbing;
b. the material has been otherwise modi
fied or manipulated by a person
not authorized by Rubinetterie F.lli Frattini S.p.A.;
c. the deterioration is due to normal wear and tear of wearable
components such as diverters, screws, gaskets, ceramic cartridges,
thermostatic cartridges, and hoses;
d. there are cosmetic defects such as scratches, stains, and dents of any
kind that were not communicated before the installation of the product;
e., the product was assembled improperly, by unqualified personnel, or
without following the assembly instructions provided;
f. the defects are attributable to the use or mishandling of the product;
g. the defects resulted from failure or inadequate maintenance;
h. the defects are derived from aggressive environmental conditions,