Conditions of sale
IMPORTANT INFORMATION regarding payments made by credit card.
Therefore the ” Max invoice amout ” indicated in the order is a provisional amount which will be adjusted (only in reduction) before making the charge on your credit card.
GENERAL CONDITIONS OF SALE – MARCHI & FILDI S.P.A. – FILIDEA SRL
1. Marchi & Fildi Spa / Filidea Srl reserves the right to accept or reject any or all order proposals received, subject to its acceptance. Said acceptance, which can occur with the beginning of execution of the order, binds the seller to proceed with the sale and the purchaser to pay the price.
2. The Vendor reserves the right to deliver agreed quantities with a permitted deviation equal to +/- 10%.
3. Terms of delivery contained in the agreement are not exhaustive, providing an admitted delay of 15 days for any 5.000 Kg of yarn sold.
4. Any evidence of damage, which occurred during the shipment, or shortages of goods must be notified at the moment of delivery and noted on the bill of lading to be returned to the Vendor, otherwise claims will not be accepted. Any shortages or damages which have not been duly notified and noted are not opposable to the Vendor.
5. Sales are completed when goods are delivered to the Purchaser.
6. Delivery shall be carried out either at the premises of the seller or other locations stated by the same seller, and it is considered completed when goods are handed over to the carrier for shipment. The delivery might also be carried out fractionated, according to the quantities available stated on order confirmation.
7. Any specific insurance against shipping damages or losses of goods must be expressly requested by the Purchaser, who will be charged for it.
8. Any increase in current custom fees, duties, labour and any other foreign or domestic taxation regarding goods shall be paid by the Purchaser.
9. Marchi & Fildi Spa / Filidea srl invoice the goods with their “conditioned weight”, at variable percentage according to each quality and its composition. Marchi & Fildi Spa / Filidea Srl only acknowledges starting weights. Any subsequent variation in weight is not opposable to the Vendor.
10. The tolerance for the yarn count is equal to 8% +/- English number from the established one. As far as coloured yarns are concerned, reproduction of colour is always considered with tolerance of use. Marchi & Fildi Spa / Filidea Srl warrants that quality and colour of a yarn sold by sample are only approximately similar or identical to those of a previous agreement.
11. Terms of payment shall apply from the delivery of goods.
12. Any claims either for defects or flaws of sold goods, or for non conformance of the same, to what has been agreed, shall be notified to Marchi & Fildi Spa / Filidea srl by registered mail within 8 days from the delivery date, otherwise the time limit will be considered expired. In any case, the Purchaser shall be asked to show the original yarn and not fabrics or manufactured goods. If a third carrier is involved in the shipment, such time limit starts from the date when the Purchaser receives the goods. It is understood that no claims or requests shall be submitted if goods have been processed and/or somehow modified/altered.
13. Should the Purchaser give notice of any defects or flaws, without prejudice to the time limit set above, the Vendor determines if such claim is well founded and has the opportunity to decide either to replace defective goods within one month since the acknowledgement of defects or flaws, or to grant a rebate on fixed price, without major damages.
14. Payment for goods shall be done at the Vendor’s domicile. Should any delay occur, an interest rate equal to what prescribed in article 5 of Legislative Decree 231/2002 shall be automatically charged.
15. Any delay and/or irregularity in payments, even towards other companies of the group, including any partial payment or delayed/irregular payment unrelated to the payments in question, entitle the Vendor to suspend, cancel or terminate all the agreements in progress. Furthermore, it is understood that any delay and/or irregularity in payments will cause, as immediate and direct consequence, cancellation of any allowed rebate under the agreement as well as payment of an interest rate equal to what prescribed in article 5 of Legislative Decree 231/2002.
16. Packages which will not be returned in good conditions and carriage paid within three months shall be invoiced at their value. Cops are considered tare of goods.
17. Marchi & Fildi Spa / Filidea Srl will not accept any variation to the agreed price, nor any return of goods without previous authorization in writing; in any case, such variations or returns shall be covered by provisions specified in point 16. However, it is understood that any returns of goods must be executed carriage paid and free of all charges, directly to the Vendor’s head office.
18. In the event of war, strikes, lockouts, quarantine, fires, decrease in production in the places of origin, equipment or motors defaults, rail disservice, non-delivery of raw materials by suppliers, and generally when the execution of the agreement is prevented or thwarted, due to causes outside of the Vendor’s reasonable control, the Vendor, in its sole and absolute discretion, shall be entitled either to delay the delivery, establishing a new fixed term for it from the date of checking such preventions, or to notify that the sale of any quantities not yet delivered is considered cancelled.
19. In any case, independently of the above-described causes, the Vendor shall be entitled to notify that the sale of any quantities not yet delivered is cancelled, paying a penalty equal to 3 percent on the value of the cancelled supply. Should this occurrence arise, the Purchaser expressly waives all claims for further damages.
20. Any derogation to these general conditions must be expressly stipulated in writing and signed before delivery.
21. In case of non-compliance by the Purchaser with any provisions specified in the agreement, the Vendor is entitled to terminate the agreement, without warning or formal notice.
22. Both parties agree that any matter arising from interpretation and/or execution of the agreement, as well as any dispute regarding relationships governed by the same, shall be submitted to the exclusive jurisdiction of the Court of Biella, and the applicable law shall be the Italian law.
23. Considering that the products of Marchi & Fildi Spa / Filidea Srl have specific characteristics which entail precise technical limits, such products will not have an obligation to comply to certifications or technical limits imposed by the purchaser, unless expressly approved and signed by Marchi & Fildi Spa / Filidea Srl itself.
24. However, it is understood that claims, causes of action or objections for missing or delayed delivery of goods shall be submitted within three months from the due date for delivery, as expressed at point 12, otherwise the time limit will be considered expired. Any claims regarding quality, conditions and/or flaws of goods sold, both as causes of action or objections, shall be submitted within three months from the date of receipt of the goods, as expressed at point 12, otherwise the time limit will be considered expired.