MONTELEONE

Allgemeine Verkaufsbedingungen 2024

1. OBJECT

1.1. The present general condition of sales shall apply to all the sales made by MONTELEONE Srl having its seat in Italy, Via C di Nassiriya, 5, Italy, Gozzano (NO) (hereinafter the “SELLER” or “MONTELEONE”) with any buyer of its products (hereinafter the “BUYER”).
1.2 The terms and conditions indicated in the present general conditions of sales (hereinafter “General Conditions”) integrate any offer (hereinafter the “Offer”) and/or order confirmation made by the SELLER (hereinafter the “Order Confirmation”) answering to any order made by the BUYER (hereinafter the “Order”).
1.3 In particular the technical specification of the design and materials (hereinafter the “Technical Specifications”) of the MONTELEONE products (hereinafter the “Products”) shall be indicated in each Offer and/or Order Confirmation and/or in the catalogue available on the MONTELEONE website https://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf
1.4 The Order Confirmation shall be considered accepted by the BUYER written acceptance and at the latest when the Products are delivered to the BUYER.
1.5 Any modification to the Technical Specification and/or to the terms and conditions indicated in the Order and/or Order Confirmation and in the General Conditions must be agreed in writing by the Parties.
1.6 The BUYER shall follow in its operations concerning the installation the instructions indicated by the MONTELEONE Technical Guidelines for Maintenance and Installation of the Products which is sent to the BUYER together with the Order Confirmation and/or edited on the SELLER’s website https://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf and/or further agreed in writing for customized Products by the technical.

2. PRICE, PAYMENT, AND DELIVERY

2.1 The purchase price (hereinafter “Purchase Price”) of the Products shall be the one indicated in the Order Confirmation. Euros is the currency of all the Orders regulated by the present General Conditions.
2.2 The BUYER shall pay to the SELLER the Purchase Price following the terms and conditions indicated in the Offer and/or Order Confirmation. The Parties shall negotiate in good faith modifications of the Purchase Price, if the performance of the contract becomes excessively onerous due to the increasing of the raw material or due to an event beyond the SELLER’s reasonable control and unforeseeable at the moment of the execution of the contract. If an agreement concerning such modification is not achieved in writing within 2 (two) weeks after the notification, the SELLER may terminate the contract with immediate effect.
2.3 The means of payment of each single sale shall be the one indicated in the Offer and/or Order Confirmation.
2.4 The Products shall remain the property of the SELLER until the Price is paid in full by the BUYER. The BUYER has the obligation to register the reservation of title on the Products at the competent public authority in its country if this is requested by the local regulations.
2.5 If not otherwise indicated in the Offer and/or Order Confirmation, the SELLER has the obligation to deliver the Products following the FCA at the SELLER’s premises Incoterms ® ICC 2020 and the other terms and conditions indicated in the Offer and/or Order Confirmation.
2.6 Any lack of the payment within the term indicated in the Offer and/or Order Confirmation shall entitle the SELLER for all legal remedies and damages and to suspend any further SELLER’s obligation including the delivery.
2.7 The delivery term indicated in the Offer and/or Order Confirmation may be significantly delayed due to the events concerning difficulties in the procurement of the raw materials and/or the components of the Products or in the logistic. Should Products not be delivered within the delivery time agreed in the Offer/Order Confirmation, the BUYER has the right to claim for damages after the expiration of 30 (thirty) days period following the agreed delivery time. Damages here above are due in the measure of 0.1% (zero dot one percent) of the Purchase Price, calculated per each week of delay, but cannot exceed the maximum percentage of 3% (three per cent) of the Purchase Price. The damages hereof are the only claim given to the BUYER in case of delay in the delivery attributable to the SELLER. No other claim is acceptable for the delay here above.
2.8 In the case of late delivery, which is not attributable to reasons for which the SELLER is responsible, the SELLER shall be entitled to place the delivered goods in storage at the cost of the BUYER and to invoice the additional costs accruing to it as a result of the delay (e.g., in connection with rescheduling, overtime etc.) together with any other damage.

3. SELLER’S WARRANTIES

3.1 The SELLER warrants that the Products will be free from defects in material and workmanship and will conform to the Technical Specifications described in the Offer and/or Order Confirmation and/or on the Catalogue edited on the website https://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf and/or further agreed in writing by the Parties for the customized Products provided that the BUYER shall follow the SELLER’s instructions indicated in the MONTELEONE Technical Guidelines for Maintenance and Installation of the Products (if needed) sent together with the Offer and/or the Order Confirmation and/or available on the MONTELEONE website https://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf and/or further agreed in writing by the Parties for the customized Products.
3.2 The Products Technical Specifications indicated in the Offer and/or Order Confirmation and/or in the MONTELEONE catalogue on the MONTELEONE website https://f7g4n2e7.rocketcdn.me/wp-content/uploads/2021/12/Mirrors.pdf and/or further agreed in writing by the Parties for the customized Products must be strictly checked by the BUYER at the moment of the taking of delivery. In case the BUYER, during the installation of the Products, do not follow the SELLER’s instructions indicated in the MONTELEONE Technical Guidelines for the Products (if needed) indicated in the Offer and/or Order Confirmation and/or in the MONTELEONE catalogue on the MONTELEONE websitehttps://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf and/or further agreed in writing by the Parties for the customized Products, it will be considered in breach of the Contract and the guarantee shall not apply.
3.3 The non-compliance concerns the differences between the Products and the Technical Specifications indicated in the catalogue available on the MONTELEONE website https://monteleone.it/Mirror.pdf –  https://monteleone.it/cosmetic-mirror.pdf – https://monteleone.it/bathroom-accessories.pdf and/or in each Offer and/or Order Confirmation and/or further agreed in writing by the Parties for the customized Products.
3.4 The SELLER shall guarantee the Products for a period of 24 (twenty-four) months starting from the delivery of the Products. The BUYER shall communicate in writing to the SELLER the defects within 8 (eight) days from the delivery. Any claim of non-compliance made by the BUYER shall indicate in writing the defective part or component of the Products, giving a specific picture and description of the defect.
3.5 The obligation of the SELLER under this warranty is limited to the repair and/or the replacement. Any other claim and/or charge is excluded.

4. CONFIDENTIALITY, SELLER’S TRADEMARKS, AND INDUSTRIAL PROPERTY RIGHTS

4.1 The SELLER and the BUYER agree that all trade names and the SELLER’s trademarks, industrial models and the industrial property right shall be used by the BUYER only for the purposes of the use of the Products unless prior written authorization by the SELLER.
4.2. The BUYER agrees that all SELLER’s know-how, design, drawings, and the confidential information concerning the Products shall remain the property of the SELLER and shall not be transmitted by the BUYER to any third party without the SELLER written consent.

5. FORCE MAJEURE

5.1 the SELLER is not responsible for any failure to perform which is caused by occurrences beyond his reasonable control – “Force Majeure Event” – including without limitation late delivery or not delivery of raw materials and/or components by suppliers, increasing of the prices of such raw materials and/or components and/or of more than 5%, suspension of or difficulties in transportation, strikes, lock-down, pandemics, epidemic, labour disputes of any kind, fires, accidents, earthquakes and other natural events, riots, war (whether declared or undeclared), uprisings, delay of carriers, government seizures, embargos.
5.2 In case of the occurrence of one of the facts mentioned here above, the Party effected by such force majeure fact shall notify in writing to the other party the impossibility to perform its obligations at the moment. Therefore, the Parties shall negotiate a new term of delivery and/or a new price taking into account the increasing of currency value and/or the raw materials, energy and/or components and/or the difficulties arisen out of the logistic of the products. Meanwhile the Parties are authorized to suspend any fulfilment of their obligations for a duration of two months. Once expired such time period, the SELLER may terminate the agreement.

6. APPLICABLE LAW AND DISPUTES SETTLEMENT

6.1 This Contract is governed by the Italian Law unless derogated by any of the clauses of this Contract with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11, 1980.
6.2 If any dispute shall arise between the SELLER and BUYER in connection with or arise out the present General Conditions and/or Offer and/or Order Confirmations, the matter shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules), by a sole arbitrator, appointed in accordance with the Rules. Place of the Arbitration shall be Milan, Italy. Language of the Arbitration shall be English.