TERMINI & CONDIZIONI
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1) Retention of title – The sale is made subject to ownership of the goods by Giorgini Silvano Filati SRL until full payment of the amount due, including additional interests and charges, pursuant to art.1523 c.c. Italian
2) Complaints – Any complaints must be notified no later than 5 days from receipt of goods for those relating to weight and within 15 days for those related to quality.
3) Returns – Any returns of goods must always be explicitly authorized by the selling company and must always be carried out free of port.
4) Tolerance – The tolerance of 5% more or less than the quantity established in the contract is allowed.
5) Terms of delivery – Delivery terms are always understood to be approximate and subject to production possibilities. The delivery time is understood to be satisfied with the return of the goods to the departure station or to the forwarder; therefore the seller is not in any way responsible for the delays deriving from causes imputable to the shipper. The dates of delivery of the yarn are subject to compliance with the dates of delivery of the raw material by the fiber manufacturer.
6) New liens – This contract is intended as stipulated at the mandatory condition that all the liens of any kind for increases in pay, contributions. bonuses. premiums, etc., to workers and employees, as well as duties, for changes in foreign exchange rates, taxes, contributions or increases of those existing on the raw material, production and sales of yarns and fabrics, are charged to the customer for the quantities to be delivered from the day of the entry into force of such liens.
7) Contract deadlines – If the contract does not arrive back, duly signed by the buyer within 10 days from the issuing of the same, the seller can be considered free from any commitment.
8) Payments – The delays and irregularities in payments entitle the seller to the resolution of this commission and all those eventually stipulated and not yet executed, in addition to compensation for damages. The delay in the payment of the invoices also causes the purchaser to lose the right to a possible discount without prejudice to the obligation to pay the bank interest starting from the expiry of the invoices.
9) Cases of force majeure – In cases of force majeure (strikes, fires, machinery breakdowns, railway disruptions, restrictions on the consumption of electricity, etc.), the delivery time will be extended for the duration of the impediment. All those provisions of the state or any other entity that may limit supplies, use and availability of raw materials are to be considered among the cases of force majeure. After 3 months from the deadline set for delivery, it is however in the Customer’s right to cancel the commission not performed without the right to reimbursement of damages. The selling prices are valid until the confirmed delivery date, unless there are no increases in the cost of the raw material, to be considered as a cause of force majeure.
10) Disputes – In no case will the buyer refuse the goods but any and all disputes reflecting the present commission (except for the payment of overdue invoices) will be donated to an arbitration commission composed of three members: one to be nominated by the buyer, one by the seller and the third by mutual agreement between the two first. The commission composed in this way will act with good will without any procedure and its resolutions will have a binding force between the parties.
11) Domicile – For the purposes of this commission the buyer elects domicile at the seller’s premises.
12) Reserved domain – The goods are transferred to the Buyer only after he has fulfilled all the obligations deriving from his commercial relationship with the Seller, including accessory debts, damages, payment of checks or bills.
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