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gENERAL SALE CoNdITIoNS NOTE

SUBJEcT OF THE SUPPLY. The supply only includes that in- repeating previously supplied colour tones shall not be
dicated in the order confirmation. Features and information binding for the seller and shall not entitle the purchaser to
given in catalogues or illustrations are always approximate make claims.
and it is therefore the seller’s right to make any variations GUARAnTEE. The seller guarantees the quality of the sup-
considered necessary without advance warning. plied materials according to the grades requested by the pur-
ORDERS. These are always binding for the purchaser: the chaser: the seller undertakes to replace in equal quantities
seller shall only be committed after written confirmation. those material which, according to his final judgement, pres-
it is, however, understood that each order is placed with the ent defects as to be considered not in compliance with the
purchaser’s full acceptance of all general conditions estab- order, without, moreover, being obliged to reimbursement of
lished by the seller. only articles of current production shall direct or indirect damages for any reason whatsoever.
be contemplated in the order: those materials the produc- The guarantee cannot be transferred and shall only be valid
tion of which the seller has considered it advisable to sus- for the purchaser to whom the sales invoice is made out.
pend owing to internal or market requirements shall not DISPUTES. in no case shall claims pertaining to already laid
therefore be subject to confirmation. materials be considered. Moreover, in no case shall delays or
every order shall be made in writing although this can be
preceded by a telephone call in the event of urgent need. suspensions of payments in progress be permitted even if
nEGOTATIOn. everything indicated in the seller’s confir- the purchaser considers himself entitled to make claims.
mation voids an agreement or negotiation which may not be UnFULMIMEnTS AnD InSOLVEncIES. in the case of total
included in the confirmation itself. or partial unfulfilled or delayed payment the seller shall have
DELIVERY TERM. This runs from the date of the order con- the right to completely or partly withdraw from a contract in
firmation and shall be considered as approximate: it shall progress and to demand all his rights.
not, in any case, be considered an essential condition and PRIcES. These are always understood to refer to the price
may be extended by the seller in the event of unforeseen cir- list in force at the moment of the seller’s confirmation.
cumstances. They always pertain to goods delivered ex works and do not,
DISPATcH. Dispatch is understood to have been made the therefore, include other chares such as VAT, stamps or taxes
moment in which the goods are paced at the purchaser’s of any nature which shall be at the purchaser’s charge.
disposal on deliver to the carrier. Partial dispatches are also PAYMEnTS. Payment shall always be fulfilled as indicated
permitted without this being considered by the customer as on the order confirmation: in any case, the place of payment
cause of delay. shall always be the registered offices of Ceramiche Mariner
TRAnSPORT. excepting specific agreement in writing to the S.P.A. even if made through authorized personnel direct re-
contrary, the goods are always understood as having been mittance, authorized drafts or bills. The seller has the rights
sold ex works Ceramiche Mariner S.P.A. and travel at the pur- to circulate the instruments received in payment which shall
chaser’s risk even when the seller has assumed the charge always be understood to have been accepted pro solvendo
of delivery at the purchaser’s. The purchaser undertakes to and subject to collection. Failure to comply with the terms of
live details about the means of transport when placing the payment entitles the seller to:
order: failing this, the seller shall dispatch the goods via the - exact the arrears interests at the current commercial rate,
means considered most opportune without this entitling the plus expenses;
purchaser to make claims. - issue drafts, considering them authorized in place of the
InSURAncE. if requested and always at the purchaser’s agreed payments by direct remittance;
charge. - suspend fulfilment of orders in progress;
PAcKInG. excepting different agreement accepted by the
seller packing shall always be in cartons: all responsibilities - in the event of protests, to exact the total due sum on sight.
of the seller shall cease once delivery has been made to the DRAFT EXPEnSES. Charges pertaining to the stamps on
purchaser or carrier without claims or reserves. the drafts issued by the seller shall be at the Purchaser’s
cLAIMS. Claims pertaining to missing goods or breakages charge, shall be calculated in future and included in the draft
shall only be made to the carrier. Any other claim concerning itself.
the nature or features of the material shall be immediately cOMPETEnT cOURT. The only competent court shall be
forwarders to the seller by means of registered letter no later that of bologna for all disputes resulting from or following
than 10 days following receipt of goods themselves. once contracts with Ceramiche Mariner S.P.A. even when they
this terms has elapsed the goods shall be understood to concern business negotiated by employees of the company
have been examined and accepted as they are. or authorized persons outside the registered offices.
FEATURES OF THE MATERIALS. The shades of the sam- RESERVE OF PROPERTY. All goods shall remain the prop-
ple colours are purely indicative while the possibility of erty of Ceramiche Mariner S.P.A until payment is made in full.

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VARIEMARINER