1.    General terms

After any order is placed, the contractual relationship is regulated by these general terms of sale and by specific terms which may be indicated in the order. Orders passed on to commercial assistants and intermediaries are accepted subject to the approval of Tellure Rôta S.p.A.

2.    Offer

The documents forming part of the offer, such as illustrations, drawings, indications of weight and size, are only determinant in approximate terms, where not expressly indicated as binding. Tellure Rôta S.p.A. reserves the right of ownership and copyright with regards to the cost estimates, drawings and other documents, which must not be made accessible to third parties. The purchaser assumes full responsibility for the documents it has sent to Tellure Rôta S.p.A. in the event of breach of third-party industrial protection rights, also in relation with Tellure Rôta S.p.A. The latter is obliged to make projects, indicated by the purchaser as confidential, accessible to third parties only upon the purchaser’s approval.

3.    Orders

Unless otherwise agreed in writing, orders whose amount is lower than Euro 500.00 are not accepted.

4.    Variation in the confirmed order

Tellure Rôta reserves the right to refuse or accept, also only partially, any subsequent changes in the order and proposals made by the purchaser. If such changes are accepted, the new price, methods of payment or new delivery dates shall be established by Tellure Rôta S.p.A.

5.    Cancellation of a confirmed order

The purchaser cancelling a confirmed order, for any cause or reason, is bound to pay in full the amount relating to materials and supplies already ordered at Tellure Rôta S.p.A. In any case, Tellure Rôta S.p.A. has the right to a minimum 25% compensation on the agreed price, with the right to withdraw in case this amount even from sums received as advance payment for the supply.

6.    Prices

The prices of products are those shown by Tellure Rôta S.p.A. in its price list or in its offers; these prices, if not yet agreed, may however be changed at any moment and they will be applied, without any exception, starting from the date fixed by Tellure Rôta S.p.A.

7.    Payments

Payment of supplies must be made within the period and the terms agreed in the order.
Every shipment is considered as independent of the others for the purpose of payment. Delays in payments or any other breach give right to the suspension of the remaining supplies and to the rescission of the contract in progress, besides giving rise to default action against the purchaser with the immediate application of interests on arrears. On sums falling due and not paid, without prejudice to Tellure Rôta S.p.A.’s right to demand payment, interests on arrears will apply, with full right, from the day after the due date, at the legal rate of interest on arrears plus eight points, with respect to the rate set by the ECB in respect of Italian Legislative Decree no. 192/2012. Requests for reimbursement of payments or for compensations by virtue of any possible counter claim on the part of the purchaser are not accepted.

8.    Delivery terms

The agreed and confirmed shipment and/or delivery terms are expressed in working days and are only indicative and as such are not legally binding, except in the event of a definite undertaking on the part of Tellure Rôta S.p.A., which must be expressly indicated on the order confirmation, and except in cases of force majeure. Any delays may not therefore, in any event, give rise to compensation for damage or the rescission, even partial, of the contract, except where such consequences are expressly accepted by Tellure Rôta S.p.A. in the order confirmation.

9.    Transport

Except when otherwise agreed and expressly indicated in the order confirmation, goods are sold Ex-Works.
In case of sales with delivery other than Ex-Works, the risks of loss or damage to the goods will be transferred to the purchaser at the time the goods are handed over to the carrier. Any claims regarding transport (damage, missing material) are accepted only after written notice to Tellure Rôta S.p.A. within 3 days of receipt of goods.
Claims must be accompanied by photographic documentation of the damage occurred and the transport document of Tellure Rote S.p.A., with an indication of the reserve made by the reception office of the purchaser’s warehouse.
The use of special packaging, as well as the exclusion of packaging in the case of goods for which this is normal practice must be agreed between Tellure Rôta S.p.A. and the purchaser upon making the order. With regards to matters not provided for, reference should be made to articles 1678 to 1702 of the Italian Civil Code if and insofar as they are compatible with this clause. Samples are made available by Tellure Rôta S.p.A. only upon the application of a supplementary charge to be agreed from time to time on the relative price in force.

10.    Faults and defects

Any claims for materials not compliant, both in terms of quantity and of quality, to the conditions agreed to in the order, must be raised in writing within the maximum term of eight days from receipt of the goods on penalty of forfeiture. In the event of a prompt and justified claim, Tellure Rôta S.p.A.’s obligation is limited to the replacement of the goods acknowledged as not compliant (in any case at supply conditions), to the same delivery destination as the first supply, subject to the restitution of such first supply, excluding any right on the part of the purchaser to request the rescission of the contract and compensation for direct or indirect damage and the reimbursement of any costs sustained for any reason. Tellure Rôta S.p.A. will not accept claims and will not be liable for damage suffered by third parties upon the occurrence of any of the following conditions: inappropriate or incorrect use, defective assembly on the part of the purchaser or of a third party, natural wear and tear, incorrect or negligent handling, electric or chemical effects, to the extent that these are not attributable to the fault of Tellure Rôta S.p.A. The purchaser loses every right of claim, and therefore the replacement of the goods, in the event that it fails to immediately stop using the materials to which the claim refers.

11.    Returns of materials

In the event of errors by the purchaser during the ordering phase, the material may be returned exclusively carriage free, against Tellure Rôta S.p.A.’s written authorisation, and only if perfectly integral and not used.

12.    Changes in the construction

Tellure Rôta S.p.A. may make any construction change without the obligation to inform the purchaser. Changes made subsequent to the order cannot give rise to compensation of any kind.