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General sales and delivery terms

PRICES VAT EXCLUDED
Sizes in mm.
1. VALIDITY AND MODIFICATION RIGHT
5.2 INDA SpA warranty will be exclusively valid for the repair or the
1.1 Any contract subscribed by INDA SpA for the sales of its products replacement of defective elements: no other purchaser claims shall
mentioned on the price list (hereinafter the “Products” and each be considered, absolutely excluding any derived discomfort, burden or
of them the “Product”) to any costumer (hereafter referred to as accessory cost. The claimed non-compliance must be recognized by
“Buyer”) will be subject to the present general sales conditions. INDA SpA authorized technical personnel.
In case of discrepancy between what is provided in these sales 5.3 INDA SpA warranty lapses automatically in following cases:
conditions and as stipulated in special agreements between - If defect has reference to transport;
INDA SpA and the Buyer, shall prevail as provided in these specific - Tempered glass parts breakages;
agreements. - If installation isn’t performed following in detail INDA SpA instruction;
1.2 INDA SpA reserve the right to change and/or modify the present - If functioning defect is due to unauthorized technical intervention on
general sales conditions as well as the price list. product;
- If defective functioning is due to the normal product usury, or to the
purchaser negligence or carelessness following product indication;
2. FEATURES OF THE PRODUCTS - If defect is due to the use of acid based or abrasive detergents, or
cleaning products not suitable for glass, anodized, lacquered or varni-
2.1 In each single sales contract stipulated by INDA SpA, shed surfaces. Use of INDA SpA cleaning products is suggested;
the information regarding the Products and their use, shall be binding - If defective functioning is due to a “force majeur” reason;
for both parties, unless otherwise provided for in the single contact. - Purchaser manumission of the product.
2.2 Any information or data on the characteristics and/or specific 5.4 INDA SpA declines any responsibility for possible people, animals or
technical information about the Products contained in the price list goods damage due to installation or adjustments errors, imperfect use
are indicative and not binding. or no observance of all prescriptions indicated in product enclosed
The Products are made with different materials: INDA SpA reserves documents
the right to make all the changes to the Product that, without altering 5.5 INDA SpA reserves the full right to technically and aesthetically modify
the essential characteristics and packaging, may be necessary the product at anytime and without previous notice, including changes
and/or appropriated. in volume and weight.

3. PRICE AND PAYMENT TERMS 6. SHIPMENT AND PRODUCTS RETURN
3.1 Where not been agreed upon a special agreement between INDA SpA 6.1 Deliveries must be immediately inspected, in case of wrong items,
and the Buyer about the Product’s price, will be applied for each and/or shortages, and/or any defect, have to be reported to the
Product the related price list valid at the moment of the contract forwarder which is the only responsible for it. It is in the right of the
conclusion. receiver and the duty of the forwarder to control the delivery (without
The prices for the sale of the products listed in the price list opening the package). A formal making specific notification on the
are Ex Works or Ex central warehouse INDA SpA, VAT and any other delivery notes, the generic written phrase “subject to inspection” is not
fee or tax excluded. sufficient.
3.2 If the Buyer fails to make payment of the due amount within the fixed 6.2 Hidden damage: if on delivery, the goods display obvious packaging
terms, INDA SpA will, at its discretion and without notice, suspend defects, they can be withdrawn, but the receiver is obliged to note the
the delivery of not yet consigned Products and/or cancel further defects on the PoD marking them with “SUBJECT TO INSPECTION” and
deliveries. specifying reason why, as preview by the European norms in use. In
After payment receipt, the delivery time of the pending orders case of proven breakages, the receiver must communicate it in written
will be re-calculated, with effect from payment, according with a registered letter to INDA SpA and copy to the forwarder in within
to the production terms indicated in the price list. 7 days from the reception of the goods.
Payments for Products already delivered will not be subject 6.3 Verified damage: in case of evident damage verified by the receiver
to completion of the order. and the forwarder, the damage evidence must be duly marked on PoD,
3.3 Without prejudice for further countermeasures allowed by the law indicating very clearly the quantity and the damaged products codes,
or by the present sales conditions, and safeguarding the right verifying if the damage type is occurred on the internal or external side.
of compensation for damages, INDA SpA reserves the right to apply A further copy of PoD must be sent to INDA SpA customer service that,
taxes on arrears upon late payments calculated from the date successively will arrange the possible replacement upon reception of
in which the payment right has matured, in implementation of EU the damaged goods.
Directive 2000/35/CE, without need of any formal notice. 6.4 Unlike what is clearly specified on the paragraphs 6.2 and 6.3,
3.4 The agreed price, unless otherwise stated, remains the same until INDA SpA will not recognized any refund for the verified damage or
the delivery date specified in the order confirmation. breakage.
If, on request of the Buyer or for reasons not attributable 6.5 Any Item can be returned without INDA SpA written permission. Autho-
to INDA SpA, the delivery date is postponed, INDA SpA reserves rized returns must be sent to our warehouse with transport fees paid,
the right to revise the price applying to the Buyer increases using INDA SpA authorized forwarder, indicating the communicated
and/or any storage costs in the meantime intervened. reference number. The reference number must be absolutely reported
on PoD. Returns must be perfectly packaged. After INDA SpA control
and in case of verified purchaser’s neglect, the returned good will be
4. ORDER ACEPTANCE charged of an amount equal to recover general expenses and any
possible restoration costs .
4.1 Orders will be considered valid only if made in writing and received
by INDA SpA, via fax or e-mail at the addresses communicated
by INDA SpA. 7. PRODUCTS DELIVERY TERMS
4.2 No contract will be concluded between INDA SpA and the Buyer until
the Buyer’s order is accepted by INDA SpA in written form, through 7.1 The Products shipment date indicated on the order confirmation
an order confirmation delivered to the attention of the Buyer. is always indicative and not binding, unless otherwise agreed
4.3 Order and/or amendments to orders shall be announced/confirmed in writing.
by the Buyer in writing, by fax or via e-mail. 7.2 Where INDA SpA forecasts to be unable to ship Products
4.4 For orders with an amount lower than € 200,00 (excluding VAT) will be by the agreed date of delivery, shall give notice to the Buyer indicating,
request an additional charge of € 20,00 (excluding VAT). where possible, the new foreseen date of dispatch.
4.5 INDA SpA reserves the right to evaluate the feasibility of Products If the delay attributable to INDA SpA exceeds 6 weeks, the Buyer
on specific request by the Buyer, to establish prices, terms and mode may terminate the contract related to the Products which shipment
of delivery. is delayed, with a 10 days prior notice, to be notified in writing by fax
4.6 We do not accept cancellations of orders for Products dedicated to INDA SpA, with the exclusion of any other remedy or damage.
or made on specific request of the Buyer. 7.3 It is not considered attributable to INDA SpA any delay due to causes
of force majeure or unforeseeable circumstances, acts, omissions
by the Buyer (ex. non-disclosure of information necessary
5. WARRANTY FOR PRODUCT COMPLIANCE for the delivery of the Products).
7.4 In the event that, for reasons not attributable to INDA SpA,
5.1 INDA SpA guarantees its products for 24 months from the date of INDA SpA itself would be temporarily or permanently unable
delivery according to the European directives. The warranty exclusively to make the shipment, INDA SpA will give the information to the Buyer
covers manufacturing irregularities or material defects. Aesthetic or and will be relieved from the requirements of dispatch for the entire
functional defects must be communicated in writing to INDA SpA only duration of the impediment and for as long as the effects arising
and exclusively before installation, enclosing purchase and product from the impediment protract, as well as from any obligation of refund
documents. for damages, delay or non-fulfilment in respect of the Buyer.